1. (a) This section applies only if the basic coverage health benefit plan developed by the commissioner under Section 1501.253 includes coverage for alcohol and substance abuse benefits.

2. (b) A small employer health benefit plan issuer may offer and the employees of a small employer group may accept a basic coverage health benefit plan without coverage for alcohol and substance abuse benefits if:

   1. (1) at least 50 percent of the employees in writing:

      1. (A) waive the benefits; and
      2. (B) indicate that they have undergone alcoholism or substance abuse treatment or counseling within the preceding three years; and
   2. (2) the exclusion of those benefits applies only to those employees.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005.