HB 813

Overall Vote Recommendation
No
Principle Criteria
negative
Free Enterprise
neutral
Property Rights
negative
Personal Responsibility
negative
Limited Government
negative
Individual Liberty
Digest
HB 813 amends the Insurance Code provisions governing health benefit plan coverage for autism spectrum disorder treatment. The bill updates the definition of “autism spectrum disorder” to align with the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, or a later edition, while preserving coverage for diagnoses made under earlier DSM editions, including autism, Asperger’s syndrome, and Pervasive Developmental Disorder–Not Otherwise Specified.

The bill removes the current limitation that requires an autism spectrum disorder diagnosis to have been made before a child’s 10th birthday for coverage to apply. Instead, a covered health benefit plan would be required to provide autism treatment coverage from the date of diagnosis, regardless of the enrollee’s age at diagnosis.

HB 813 also removes the statutory provision allowing health benefit plans to limit applied behavior analysis coverage for enrollees 10 years of age or older to $36,000 per year. The bill applies only to health benefit plans delivered, issued for delivery, or renewed on or after January 1, 2026. Plans issued or renewed before that date remain governed by prior law.
Author (1)
Philip Cortez
Co-Author (1)
Jessica Gonzalez
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the State is anticipated from HB 813. The fiscal note assumes that any costs associated with implementing the bill could be absorbed using existing resources, meaning the LBB does not project a need for new state appropriations or a measurable negative impact to the state budget.

The fiscal note also states that no significant fiscal implication to units of local government is anticipated. In practical terms, the bill is not expected to impose material new costs on counties, cities, school districts, or other local governmental entities.

The agencies listed as sources include the Teacher Retirement System, Employees Retirement System, Texas Department of Insurance, Health and Human Services Commission, Texas A&M University System, and University of Texas System. The inclusion of those agencies suggests the LBB considered potential effects on state-administered or state-related health benefit programs, but concluded that any implementation costs would be absorbable.

Vote Recommendation Notes

Texas Policy Research recommends that lawmakers vote NO on HB 813. The bill seeks to expand required health benefit plan coverage for autism spectrum disorder treatment by updating the statutory definition of autism spectrum disorder, removing the requirement that a diagnosis be made before the child’s 10th birthday, and eliminating the existing statutory provision that allowed health plans to limit applied behavior analysis coverage for enrollees age 10 or older to $36,000 per year. The bill analysis further states that the bill expressly prohibits a health benefit plan from limiting coverage for applicable autism spectrum disorder services for any enrollee.

The bill does grow the scope of government, even though it does not create a new agency, office, program, or rulemaking grant. Its expansion is regulatory rather than bureaucratic. By broadening a state-mandated health insurance benefit and removing an existing statutory coverage limit, the bill increases the degree to which state law dictates the content of private health insurance contracts. That represents an expansion of government authority over private plan design, employer benefit decisions, insurer risk management, and consumer choice.

The bill does not appear to impose a significant direct burden on taxpayers. The LBB found that no significant fiscal implication to the state is anticipated, assumed any state costs could be absorbed using existing resources, and anticipated no significant fiscal implication to local governments. However, the absence of a high state fiscal cost does not mean the bill is cost-free. The likely costs are shifted into the private insurance market, where they may be reflected in premiums, employer benefit costs, plan design changes, or reduced availability of lower-cost coverage options.

The bill does increase the regulatory burden on businesses, particularly insurers and employers that sponsor affected health benefit plans. It restricts how covered plans may structure autism treatment benefits and removes a statutory cost-control mechanism for applied behavior analysis coverage. The bill analysis states that the measure would prohibit a health benefit plan from limiting coverage for applicable autism spectrum disorder services for any enrollee, which is a substantial limitation on private benefit design.

The bill does not impose a conventional regulatory burden on individuals in the form of licensing, reporting, penalties, or personal mandates. Its burden on individuals is indirect. Policyholders and employees may face higher premiums or fewer plan choices if insurers and employers respond to the expanded mandate by adjusting coverage or costs. Individuals who need autism treatment coverage may benefit from the bill, but the cost is spread across other policyholders through a compulsory coverage model rather than voluntary purchase or market competition.

For a limited-government analysis, the central issue is not whether autism treatment is valuable. The issue is whether the state should compel private health plans to cover a broader category of services without a clear limiting principle, cost cap, sunset, or market-based alternative. House Bill 813 expands government control over private insurance, increases regulatory obligations on businesses, and shifts costs through the private market while avoiding direct fiscal accountability in the state budget.

For these reasons, HB 813 conflicts with free enterprise and limited government principles. A more liberty-oriented approach would preserve consumer choice by allowing optional coverage riders, encouraging plan transparency, or reducing barriers to more varied insurance products rather than imposing a broader statutory benefit mandate.

Free Enterprise
negative
The bill has a negative impact on free enterprise because it expands a state-mandated insurance benefit. It removes the existing applied behavior analysis coverage cap for enrollees age 10 or older and prohibits health benefit plans from limiting coverage for applicable autism spectrum disorder services for any enrollee. This increases regulatory control over insurance products and may raise costs for insurers, employers, and policyholders.
Property Rights
neutral
The bill does not directly affect land, real property, eminent domain, asset ownership, or physical use of property. It may affect contractual and economic interests in private insurance arrangements, but it does not create a direct property-rights issue in the traditional sense.
Personal Responsibility
negative
The bill shifts more health coverage decisions from individuals, families, employers, and insurers to state law. Rather than allowing consumers to choose plans or riders that include broader autism coverage, the bill uses a statewide mandate to require coverage in affected plans. That approach substitutes government-directed benefit design for private decision-making.
Limited Government
negative
The bill negatively affects limited government because it expands the scope of state regulation over private health benefit plans. Although the LBB found no significant fiscal implication to the state or local governments, the bill broadens government authority over private insurance contracts and removes a statutory cost-control mechanism. This is a regulatory expansion even without a new agency, program, or appropriation.
Individual Liberty
negative
The bill does not directly restrict personal conduct or create criminal penalties, but it does limit freedom of contract in the health insurance market. By requiring broader autism treatment coverage and prohibiting certain coverage limits, the bill reduces the ability of insurers, employers, and consumers to negotiate or select plans based on differing needs, prices, and coverage preferences.
Related Legislation
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