(a) This section applies only if the basic coverage health benefit plan developed by the commissioner under Section 1501.253 includes coverage for alcohol and substance abuse benefits.
(b) A small employer health benefit plan issuer may offer and the employees of a small employer group may accept a basic coverage health benefit plan without coverage for alcohol and substance abuse benefits if:
(1) at least 50 percent of the employees in writing:
(A) waive the benefits; and
(B) indicate that they have undergone alcoholism or substance abuse treatment or counseling within the preceding three years; and
(2) the exclusion of those benefits applies only to those employees.