What You'll Lose in Texas

Texas has consumer protections that: Comparable Federal Rule for AHPs?

Ensure fair insurance premiums for small groups. There are strict limits on:

  • How much insurers can charge sicker groups
  • Premiums for similar employers can only vary by +/-25% from an average rate (for a class of business) based on health-status or claims experience

  • 15% annual limit on increases for health status, duration, claims experience
  • How much insurers can increase an employer's premiums when an employee gets sick
  • 15% annual limit on increases for health status, duration, claims experience

 

 

No

 

 

 

 


No

Ensure access to independent review:

  • Consumers can demand independent external review of claims denials

 

No

Ensure appropriate access to care. Insurers must:

  • Cover emergency services that a “prudent layperson” thought necessary

  • Cover transitional care from a provider who leaves a network

  • Offer point-of-service (or PPO) option

  • Allow direct access to OB-GYNs


 

No


No

 

No

No


Ensure marketing protections:

  • Insurers must follow detailed requirements for marketing materials

 

No

Ensure health plans cover important benefits, such as:

  • Mental health parity that goes beyond federal requirements

  • Mammography screening

  • Minimum mastectomy stays

  • Colorectal cancer screening*

  • Cervical cancer screening*

  • Diabetes supplies and education

  • Prompt payment rules

 


No

No

No

No

No

No

No (Self-funded AHPs exempt)

 

Ensure appropriate oversight of insurers:

  • State handles complaints from consumers & providers

  • State investigates, oversees, enforces rules (including financial penalties)

 

 

No

No$

Prevent failures and ensure payment of claims:

  • Insurers must maintain financial surpluses that grow with size of insurer

  • State oversees corrective action once insurer nears minimum standards

  • State acts quickly to seize assets to pay claims

 

No ($2M cap)

No

No

 

Promote access for the uninsured:

  • Mini-COBRA rules for small employers with fewer than 20 employees

 

No