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; or
      2. (ii) 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. 3, eff. April 1, 2005.