(a) Notwithstanding the provisions of Insurance Code
Chapter 1501, §541.056(a) and §544.052, and the provisions
of Chapter 26, Subchapter A of this title, an individual or group
health benefit plan issuer, an accident and health insurance issuer,
or a health maintenance organization may vary the amount of premium
or contribution it requires similarly situated individuals to pay,
or vary benefits, or both, including cost-sharing mechanisms such
as a deductible, copayment, or coinsurance, based on whether an individual
has met the standards of a wellness program that satisfies the requirements
of §§21.4706, 21.4707, or 21.4708 of this title.
(b) Notwithstanding the provisions of Insurance Code §541.056(a)
and §544.052, an insurer issuing an accident and health insurance
policy may vary the amount of premium or contribution it requires
similarly situated individuals or individuals of the same class and
of essentially the same hazard to pay, or vary benefits, or both,
including cost-sharing mechanisms such as a deductible, copayment,
or coinsurance, based on whether an individual has met the standards
of a wellness program that satisfies the requirements of §§21.4706,
21.4707, or 21.4708 of this title.
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