1 | 1 | | 84R10982 KKR-D |
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2 | 2 | | By: Coleman H.B. No. 3115 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to coverage for certain services relating to postpartum |
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8 | 8 | | depression under the medical assistance and CHIP perinatal |
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9 | 9 | | programs. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 62, Health and Safety Code, is amended by |
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12 | 12 | | adding Subchapter E to read as follows: |
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13 | 13 | | SUBCHAPTER E. CHIP PERINATAL PROGRAM |
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14 | 14 | | Sec. 62.201. DEFINITION. In this subchapter, "postpartum |
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15 | 15 | | depression" means a disorder with postpartum onset that is |
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16 | 16 | | categorized as a mood disorder by the American Psychiatric |
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17 | 17 | | Association in the Diagnostic and Statistical Manual of Mental |
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18 | 18 | | Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by |
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19 | 19 | | rule by the executive commissioner of the commission. |
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20 | 20 | | Sec. 62.202. COVERAGE FOR CERTAIN SERVICES REQUIRED. (a) |
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21 | 21 | | The covered services under the CHIP perinatal program must include, |
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22 | 22 | | for each woman who gives birth to a child who is enrolled in the CHIP |
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23 | 23 | | perinatal program before birth, screening and treatment for |
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24 | 24 | | postpartum depression for the 12-month period after the date the |
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25 | 25 | | woman gives birth to the child. |
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26 | 26 | | (b) The coverage for postpartum depression provided under |
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27 | 27 | | Subsection (a): |
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28 | 28 | | (1) must provide mental health services to a woman |
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29 | 29 | | regardless of whether the woman has been found to be a danger to |
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30 | 30 | | herself or others; and |
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31 | 31 | | (2) may not place an arbitrary or artificial limit on |
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32 | 32 | | the amount of services that may be provided. |
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33 | 33 | | (c) The executive commissioner of the commission shall |
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34 | 34 | | adopt rules necessary to implement this section. |
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35 | 35 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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36 | 36 | | is amended by adding Section 32.0249 to read as follows: |
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37 | 37 | | Sec. 32.0249. SERVICES RELATED TO POSTPARTUM DEPRESSION. |
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38 | 38 | | (a) For purposes of this section, "postpartum depression" means a |
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39 | 39 | | disorder with postpartum onset that is categorized as a mood |
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40 | 40 | | disorder by the American Psychiatric Association in the Diagnostic |
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41 | 41 | | and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or |
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42 | 42 | | a subsequent edition adopted by rule by the executive commissioner |
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43 | 43 | | of the Health and Human Services Commission. |
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44 | 44 | | (b) The department shall provide to a woman who receives |
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45 | 45 | | medical assistance benefits during a pregnancy screening and |
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46 | 46 | | treatment for postpartum depression for the 12-month period after |
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47 | 47 | | the date the woman gives birth. |
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48 | 48 | | (c) The department shall provide mental health services to a |
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49 | 49 | | woman under Subsection (b) regardless of whether the woman has been |
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50 | 50 | | found to be a danger to herself or others. |
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51 | 51 | | (d) The department may not place an arbitrary or artificial |
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52 | 52 | | limit on the amount of services that may be provided under |
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53 | 53 | | Subsection (b). |
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54 | 54 | | (e) The executive commissioner of the Health and Human |
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55 | 55 | | Services Commission shall adopt rules necessary to implement this |
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56 | 56 | | section. |
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57 | 57 | | SECTION 3. If before implementing any provision of this Act |
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58 | 58 | | a state agency determines that a waiver or authorization from a |
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59 | 59 | | federal agency is necessary for implementation of that provision, |
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60 | 60 | | the agency affected by the provision shall request the waiver or |
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61 | 61 | | authorization and may delay implementing that provision until the |
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62 | 62 | | waiver or authorization is granted. |
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63 | 63 | | SECTION 4. This Act takes effect September 1, 2015. |
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