This chapter applies only to a health benefit plan that:

1. (1) provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including:

   1. (A) an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage that is offered by:

      1. (i) an insurance company;
      2. (ii) a group hospital service corporation operating under Chapter 842;
      3. (iii) a fraternal benefit society operating under Chapter 885;
      4. (iv) a stipulated premium company operating under Chapter 884; or
      5. (v) a health maintenance organization operating under Chapter 843; and

   2. (B) to the extent permitted by the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a health benefit plan that is offered by:

      1. (i) a multiple employer welfare arrangement as defined by Section 3 of that Act;
      2. (ii) another entity not authorized under this code or another insurance law of this state that directly contracts for health care services on a risk-sharing basis, including a capitation basis; or
      3. (iii) another analogous benefit arrangement; or
2. (2) is offered by an approved nonprofit health corporation that holds a certificate of authority under Chapter 844.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Acts 2005, 79th Leg., Ch. 670 (S.B. 53), Sec. 1, eff. September 1, 2005.