Texas 2009 - 81st Regular

Texas House Bill HB1380 Compare Versions

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

Old	New	Differences
1	1	81R8525 SJM-D
2	2	By: Davis of Dallas H.B. No. 1380
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health benefit plan coverage of HIV and AIDS tests.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 32.024, Human Resources Code, is amended
10	10	by adding Subsection (ee) to read as follows:
11	11	(ee) The executive commissioner of the Health and Human
12	12	Services Commission shall adopt rules to require the department to
13	13	provide an HIV test in accordance with Chapter 85, Health and Safety
14	14	Code, to a person who receives medical assistance.
15	15	SECTION 2. Chapter 1364, Insurance Code, is amended by
16	16	adding Subchapter D to read as follows:
17	17	SUBCHAPTER D. COVERAGE OF CERTAIN TESTING REQUIRED
18	18	Sec. 1364.151. DEFINITIONS. In this subchapter, "AIDS" and
19	19	"HIV" have the meanings assigned by Section 81.101, Health and
20	20	Safety Code.
21	21	Sec. 1364.152. APPLICABILITY OF SUBCHAPTER. (a) This
22	22	subchapter applies only to a health benefit plan, including a large
23	23	or small employer health benefit plan written under Chapter 1501,
24	24	that provides benefits for medical or surgical expenses incurred as
25	25	a result of a health condition, accident, or sickness, including an
26	26	individual, group, blanket, or franchise insurance policy or
27	27	insurance agreement, a group hospital service contract, or an
28	28	individual or group evidence of coverage or similar coverage
29	29	document that is offered by:
30	30	(1) an insurance company;
31	31	(2) a group hospital service corporation operating
32	32	under Chapter 842;
33	33	(3) a fraternal benefit society operating under
34	34	Chapter 885;
35	35	(4) a stipulated premium company operating under
36	36	Chapter 884;
37	37	(5) a reciprocal exchange operating under Chapter 942;
38	38	(6) a Lloyd's plan operating under Chapter 941;
39	39	(7) a health maintenance organization operating under
40	40	Chapter 843;
41	41	(8) a multiple employer welfare arrangement that holds
42	42	a certificate of authority under Chapter 846; or
43	43	(9) an approved nonprofit health corporation that
44	44	holds a certificate of authority under Chapter 844.
45	45	(b) Notwithstanding any provision in Chapter 1551, 1575,
46	46	1579, or 1601 or any other law, this chapter applies to:
47	47	(1) a basic coverage plan under Chapter 1551;
48	48	(2) a basic plan under Chapter 1575;
49	49	(3) a primary care coverage plan under Chapter 1579;
50	50	and
51	51	(4) basic coverage under Chapter 1601.
52	52	Sec. 1364.153. COVERAGE OF CERTAIN TESTING REQUIRED. A
53	53	health benefit plan issuer may not exclude or deny coverage for the
54	54	performance of medical tests or procedures to determine HIV
55	55	infection, antibodies to HIV, or infection with any other probable
56	56	causative agent of AIDS, regardless of whether the test or medical
57	57	procedure is related to the primary diagnosis of the health
58	58	condition, accident, or sickness for which the enrollee seeks
59	59	medical or surgical treatment.
60	60	Sec. 1364.154. RULES. The commissioner may adopt rules
61	61	necessary to implement this subchapter.
62	62	SECTION 3. The heading to Section 1507.004, Insurance Code,
63	63	is amended to read as follows:
64	64	Sec. 1507.004. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
65	65	MINIMUM REQUIREMENTS [REQUIREMENT].
66	66	SECTION 4. Section 1507.004, Insurance Code, is amended by
67	67	adding Subsection (c) to read as follows:
68	68	(c) Any standard health benefit plan must include coverage
69	69	for tests or procedures to determine HIV infection, antibodies to
70	70	HIV, or infection with any other probable causative agent of AIDS
71	71	under Subchapter D, Chapter 1364.
72	72	SECTION 5. Section 1507.054, Insurance Code, is amended to
73	73	read as follows:
74	74	Sec. 1507.054. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
75	75	MINIMUM REQUIREMENTS. (a) A health maintenance organization
76	76	authorized to issue an evidence of coverage in this state may offer
77	77	one or more standard health benefit plans.
78	78	(b) Any standard health benefit plan must include coverage
79	79	for tests or procedures to determine HIV infection, antibodies to
80	80	HIV, or infection with any other probable causative agent of AIDS
81	81	under Subchapter D, Chapter 1364.
82	82	SECTION 6. If before implementing the change in law made by
83	83	Section 32.024(ee), Human Resources Code, as added by this Act, a
84	84	state agency determines that a waiver or authorization from a
85	85	federal agency is necessary for implementation of that change in
86	86	law, the agency affected by the change in law shall request the
87	87	waiver or authorization and may delay implementing that change in
88	88	law until the waiver or authorization is granted.
89	89	SECTION 7. Subchapter D, Chapter 1364, Insurance Code, as
90	90	added by this Act, and Sections 1507.004 and 1507.054, Insurance
91	91	Code, as amended by this Act, apply only to a health benefit plan
92	92	that is delivered, issued for delivery, or renewed on or after
93	93	January 1, 2010. A health benefit plan that is delivered, issued
94	94	for delivery, or renewed before January 1, 2010, is covered by the
95	95	law in effect at the time the health benefit plan was delivered,
96	96	issued for delivery, or renewed, and that law is continued in effect
97	97	for that purpose.
98	98	SECTION 8. The executive commissioner of the Health and
99	99	Human Services Commission shall adopt the rules required by Section
100	100	32.024(ee), Human Resources Code, as added by this Act, not later
101	101	than January 1, 2010.
102	102	SECTION 9. This Act takes effect September 1, 2009.