89th Legislature

HB 139

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 139 proposes changes to the Texas Insurance Code that aim to increase the availability and clarity of health benefit plans offered by employers that are exempt from state-mandated coverage requirements. These plans, often less expensive, may omit coverage for specific services required under state law but must still meet standards for “creditable coverage” under federal guidelines. The bill formally introduces a new category of insurance product called the “Employer Choice of Benefits Plan” under Chapter 1506 of the Insurance Code.

The bill mandates new disclosure requirements for employers offering either Employer Choice or Standard Health Benefit Plans. Employers must provide a written disclosure—originally created by the plan issuer—to both current and prospective employees before enrollment. This disclosure must clearly state that the plan does not include certain state-mandated benefits. Employers are required to collect and retain a signed acknowledgment from the employee confirming receipt of the notice.

Additionally, the bill broadens the scope of health plans subject to Chapter 1275 to include employer choice plans and self-funded employer plans that voluntarily opt into the regulatory framework. It also revises terminology related to small employer health benefit plans and relaxes certain restrictions on how HMOs can calculate insurance rates when operating within a purchasing cooperative, allowing greater flexibility and competitiveness.

Overall, HB 139 aims to promote consumer awareness while expanding the flexibility for employers to offer lower-cost, customizable health coverage options outside the traditional state-mandated structure.

The originally filed version of HB 139 focused exclusively on establishing the framework for “Employer Choice of Benefits Plans” under a newly proposed Chapter 1506 of the Texas Insurance Code. It defined these plans as group health benefit plans that could exclude some or all state-mandated health benefits while still providing "creditable coverage." The original bill laid out basic plan authorization, required specific disclosure language in enrollment documents and plan contracts, and mandated that insurers offering these plans must also offer at least one plan with all state-mandated benefits. It also included a blanket exemption for these plans from all other insurance laws not explicitly applicable.

In contrast, the Committee Substitute version expands significantly on this base framework. First, it amends multiple sections of existing code—specifically Chapters 1251, 1275, and 1501 of the Insurance Code—in addition to introducing Chapter 1506. These amendments integrate the new employer choice plan type into the broader insurance regulatory landscape, ensuring consistency in how disclosures and exemptions are handled across different plan types.

Furthermore, HB 139 includes enhanced notification and documentation requirements. Employers must not only provide disclosures to current and prospective employees but also obtain signed acknowledgment forms confirming receipt. This bolsters transparency and employee awareness beyond the original bill's requirements.

Another key change is the revised applicability clause: while the original version strictly exempted these plans from unspecified insurance laws, the Committee Substitute refines the exemption language and adds provisions to ensure compliance with federal requirements. It also clarifies that employer choice plans can now opt into coverage provisions under Chapter 1275 if the employer chooses, which adds regulatory flexibility.

Overall, the Committee Substitute offers a more integrated, transparent, and administratively accountable structure than the originally filed version, broadening its application and addressing potential concerns from regulators and stakeholders.
Author
Jay Dean
Sam Harless
Lacey Hull
Stan Gerdes
Carl Tepper
Co-Author
Carrie Isaac
Stan Kitzman
Armando Martinez
William Metcalf
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 139 is not expected to have a significant fiscal impact on the State of Texas. The bill's implementation, which facilitates the offering of employer health benefit plans exempt from state-mandated coverage requirements, does not entail substantial costs that would necessitate new appropriations or create new administrative burdens for state agencies. It is assumed that any minor expenses related to rulemaking, oversight, or administrative adjustments by relevant agencies (such as the Texas Department of Insurance) can be absorbed using existing resources.

Likewise, the fiscal analysis concludes that the bill poses no significant financial implications for local governments. Since the bill applies primarily to private-sector employer health plans and does not mandate local government participation or administrative involvement, municipal or county-level operations are not anticipated to incur costs as a result of this legislation.

Agencies consulted in the analysis—including the Employees Retirement System of Texas, Health and Human Services Commission, and university system administrations—also reported no anticipated fiscal strain. This suggests that the bill is designed with minimal implementation complexity and relies on existing regulatory infrastructure to administer new plan categories and disclosure requirements. Overall, the bill is fiscally neutral for both state and local entities.

Vote Recommendation Notes

HB 139 is a strategic and well-calibrated response to Texas’s high uninsured rate, particularly among employed individuals. The bill introduces a new category of group health plans—employer choice of benefits plans—that are exempt from many of the state’s mandated benefit requirements, while still maintaining compliance with federally required essential health benefits. This approach aims to make coverage more affordable for small employers and accessible to employees who might otherwise go without insurance. Importantly, the bill ensures transparency by requiring clear, written disclosure of plan limitations to employers and employees, safeguarding informed consent without imposing unnecessary administrative burdens.

Critically, HB 139 does not grow the size or scope of government. It does not create new bureaucracies, regulatory authorities, or enforcement agencies. Rulemaking authority granted to the Texas Department of Insurance is limited, and implementation costs are negligible; the Legislative Budget Board has determined there will be no significant fiscal impact to the state or local governments, and any associated costs can be managed with existing resources. Consequently, the bill imposes no new financial burden on taxpayers.

From a regulatory standpoint, the bill reduces burdens on businesses by providing more flexible options for health benefit plans. It removes certain constraints currently in the Insurance Code, such as requirements for HMOs and small employer plans to offer only state-mandated structures. Employers retain the ability to offer state-compliant plans if they choose, but are no longer forced to do so. This enhances employer discretion and market competition while respecting consumer choice.

In summary, HB 139 promotes access to affordable insurance, reduces regulatory constraints, and maintains individual protections—all without increasing the size of government or burdening taxpayers. It aligns with core principles of limited government, personal responsibility, and free enterprise, and as such, Texas Policy Research recommends that lawmakers vote YES on HB 139.

  • Individual Liberty: The bill empowers individuals by expanding their access to health insurance options. While it allows plans to exclude some state-mandated benefits, it also ensures that employees receive clear disclosures about what is and isn't covered. This transparency supports informed decision-making and respects the individual’s right to choose the plan that best suits their needs, even if that means choosing a plan with fewer benefits in exchange for lower premiums.
  • Personal Responsibility: By offering employers and employees more affordable insurance choices, the bill shifts more responsibility to individuals to evaluate and select the coverage they want. It recognizes that not all individuals need or want every mandated benefit and allows them to opt for coverage that reflects their personal and financial situations. This fosters a culture where individuals take more ownership over their healthcare choices.
  • Free Enterprise: The bill promotes market flexibility by reducing one-size-fits-all insurance mandates and enabling insurers to offer a broader range of plan designs. This creates space for innovation in the insurance market and encourages competition, which can lead to more affordable premiums and better-tailored products. It removes barriers that prevent small businesses from participating in the health insurance market, supporting entrepreneurship and job growth.
  • Private Property Rights: The bill respects the rights of employers to contract freely with insurers and offer benefit plans that fit their budgets and workforce needs. It also respects the right of employees to voluntarily enter into agreements after receiving clear information. There is no coercive mandate forcing businesses or individuals to participate—participation is entirely voluntary.
  • Limited Government: The bill reduces state intervention in private health insurance by exempting employer choice plans from most state-mandated coverage laws. It trims regulatory overreach and avoids creating new state programs or agencies. Furthermore, the fiscal note confirms it will not increase government spending or tax burdens. Instead, it relies on the existing regulatory framework with minimal rulemaking, keeping the government’s role lean and focused.
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