Texas 2009 - 81st Regular

Texas House Bill HB1379 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8522 SJM-D
2	2	By: Davis of Dallas H.B. No. 1379
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of HIV and AIDS tests and to health
8	8	benefit plan coverage of HIV and AIDS tests.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 85, Health and Safety
11	11	Code, is amended by adding Section 85.090 to read as follows:
12	12	Sec. 85.090. OPT-OUT HIV TESTING IN CERTAIN ROUTINE MEDICAL
13	13	SCREENINGS. (a) A health care provider that takes a sample of a
14	14	person's blood as part of a routine medical screening shall submit
15	15	the sample for an HIV diagnostic test, regardless of whether an HIV
16	16	test is part of a primary diagnosis, unless the person opts out of
17	17	the HIV test.
18	18	(b) Before taking a sample of a person's blood, a health
19	19	care provider must verbally inform a person that an HIV test will be
20	20	performed unless the person opts out of the HIV test.
21	21	(c) The executive commissioner of the Health and Human
22	22	Services Commission shall adopt rules to implement this section.
23	23	In adopting rules, the executive commissioner must consider the
24	24	most recent recommendations of the federal Centers for Disease
25	25	Control and Prevention for HIV testing of adults and adolescents.
26	26	SECTION 2. Section 32.024, Human Resources Code, is amended
27	27	by adding Subsection (ee) to read as follows:
28	28	(ee) The executive commissioner of the Health and Human
29	29	Services Commission shall adopt rules to require the department to
30	30	provide an HIV test in accordance with Chapter 85, Health and Safety
31	31	Code, to a person who receives medical assistance.
32	32	SECTION 3. Chapter 1364, Insurance Code, is amended by
33	33	adding Subchapter D to read as follows:
34	34	SUBCHAPTER D. COVERAGE OF CERTAIN TESTING REQUIRED
35	35	Sec. 1364.151. DEFINITIONS. In this subchapter, "AIDS" and
36	36	"HIV" have the meanings assigned by Section 81.101, Health and
37	37	Safety Code.
38	38	Sec. 1364.152. APPLICABILITY OF SUBCHAPTER. (a) This
39	39	subchapter applies only to a health benefit plan, including a large
40	40	or small employer health benefit plan written under Chapter 1501,
41	41	that provides benefits for medical or surgical expenses incurred as
42	42	a result of a health condition, accident, or sickness, including an
43	43	individual, group, blanket, or franchise insurance policy or
44	44	insurance agreement, a group hospital service contract, or an
45	45	individual or group evidence of coverage or similar coverage
46	46	document that is offered by:
47	47	(1) an insurance company;
48	48	(2) a group hospital service corporation operating
49	49	under Chapter 842;
50	50	(3) a fraternal benefit society operating under
51	51	Chapter 885;
52	52	(4) a stipulated premium company operating under
53	53	Chapter 884;
54	54	(5) a reciprocal exchange operating under Chapter 942;
55	55	(6) a Lloyd's plan operating under Chapter 941;
56	56	(7) a health maintenance organization operating under
57	57	Chapter 843;
58	58	(8) a multiple employer welfare arrangement that holds
59	59	a certificate of authority under Chapter 846; or
60	60	(9) an approved nonprofit health corporation that
61	61	holds a certificate of authority under Chapter 844.
62	62	(b) Notwithstanding any provision in Chapter 1551, 1575,
63	63	1579, or 1601 or any other law, this chapter applies to:
64	64	(1) a basic coverage plan under Chapter 1551;
65	65	(2) a basic plan under Chapter 1575;
66	66	(3) a primary care coverage plan under Chapter 1579;
67	67	and
68	68	(4) basic coverage under Chapter 1601.
69	69	Sec. 1364.153. COVERAGE OF CERTAIN TESTING REQUIRED. A
70	70	health benefit plan issuer may not exclude or deny coverage for the
71	71	performance of medical tests or procedures to determine HIV
72	72	infection, antibodies to HIV, or infection with any other probable
73	73	causative agent of AIDS, regardless of whether the test or medical
74	74	procedure is related to the primary diagnosis of the health
75	75	condition, accident, or sickness for which the enrollee seeks
76	76	medical or surgical treatment.
77	77	Sec. 1364.154. RULES. The commissioner may adopt rules
78	78	necessary to implement this subchapter.
79	79	SECTION 4. The heading to Section 1507.004, Insurance Code,
80	80	is amended to read as follows:
81	81	Sec. 1507.004. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
82	82	MINIMUM REQUIREMENTS [REQUIREMENT].
83	83	SECTION 5. Section 1507.004, Insurance Code, is amended by
84	84	adding Subsection (c) to read as follows:
85	85	(c) Any standard health benefit plan must include coverage
86	86	for tests or procedures to determine HIV infection, antibodies to
87	87	HIV, or infection with any other probable causative agent of AIDS
88	88	under Subchapter D, Chapter 1364.
89	89	SECTION 6. Section 1507.054, Insurance Code, is amended to
90	90	read as follows:
91	91	Sec. 1507.054. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
92	92	MINIMUM REQUIREMENTS. (a) A health maintenance organization
93	93	authorized to issue an evidence of coverage in this state may offer
94	94	one or more standard health benefit plans.
95	95	(b) Any standard health benefit plan must include coverage
96	96	for tests or procedures to determine HIV infection, antibodies to
97	97	HIV, or infection with any other probable causative agent of AIDS
98	98	under Subchapter D, Chapter 1364.
99	99	SECTION 7. If before implementing the change in law made by
100	100	Section 32.024(ee), Human Resources Code, as added by this Act, a
101	101	state agency determines that a waiver or authorization from a
102	102	federal agency is necessary for implementation of that change in
103	103	law, the agency affected by the change in law shall request the
104	104	waiver or authorization and may delay implementing that change in
105	105	law until the waiver or authorization is granted.
106	106	SECTION 8. Subchapter D, Chapter 1364, Insurance Code, as
107	107	added by this Act, and Sections 1507.004 and 1507.054, Insurance
108	108	Code, as amended by this Act, apply only to a health benefit plan
109	109	that is delivered, issued for delivery, or renewed on or after
110	110	January 1, 2010. A health benefit plan that is delivered, issued
111	111	for delivery, or renewed before January 1, 2010, is covered by the
112	112	law in effect at the time the health benefit plan was delivered,
113	113	issued for delivery, or renewed, and that law is continued in effect
114	114	for that purpose.
115	115	SECTION 9. (a) The executive commissioner of the Health and
116	116	Human Services Commission shall adopt the rules required by Section
117	117	85.090, Health and Safety Code, as added by this Act, and Section
118	118	32.024(ee), Human Resources Code, as added by this Act, not later
119	119	than January 1, 2010.
120	120	(b) Notwithstanding Section 85.090, Health and Safety Code,
121	121	as added by this Act, a health care provider is not required to
122	122	comply with that section until January 1, 2010.
123	123	SECTION 10. This Act takes effect September 1, 2009.