TX HB4009

Creates new "Employer Choice of Benefits Plans" allowing health insurers to offer group health plans to employers that wholly or partly exclude state-mandated health benefits required under Texas law

Defines state-mandated health benefits as coverage requirements including specific health care services, limitations on deductibles/copayments/benefit maximums, required provider categories, standard provisions unrelated to specific conditions, and requirements exceeding federal standards

Requires plans to still include federal essential health benefits as defined by 42 C.F.R. Section 440.347 and provide creditable coverage

Mandates bold-type disclosure notices on enrollment applications and plan documents warning enrollees that the plan may not include state-mandated benefits and advising consultation with an insurance agent

Requires insurers offering these plans to also offer at least one traditional group health plan that includes all state-mandated benefits, and to obtain signed disclosure statements from employers before contracting

Takes effect immediately if passed by two-thirds vote of both chambers, otherwise September 1, 2025