84R10982 KKR-D
By: Coleman H.B. No. 3115
A BILL TO BE ENTITLED
AN ACT
relating to coverage for certain services relating to postpartum
depression under the medical assistance and CHIP perinatal
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 62, Health and Safety Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. CHIP PERINATAL PROGRAM
Sec. 62.201. DEFINITION. In this subchapter, "postpartum
depression" means a disorder with postpartum onset that is
categorized as a mood disorder by the American Psychiatric
Association in the Diagnostic and Statistical Manual of Mental
Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
rule by the executive commissioner of the commission.
Sec. 62.202. COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)
The covered services under the CHIP perinatal program must include,
for each woman who gives birth to a child who is enrolled in the CHIP
perinatal program before birth, screening and treatment for
postpartum depression for the 12-month period after the date the
woman gives birth to the child.
(b) The coverage for postpartum depression provided under
Subsection (a):
(1) must provide mental health services to a woman
regardless of whether the woman has been found to be a danger to
herself or others; and
(2) may not place an arbitrary or artificial limit on
the amount of services that may be provided.
(c) The executive commissioner of the commission shall
adopt rules necessary to implement this section.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0249 to read as follows:
Sec. 32.0249. SERVICES RELATED TO POSTPARTUM DEPRESSION.
(a) For purposes of this section, "postpartum depression" means a
disorder with postpartum onset that is categorized as a mood
disorder by the American Psychiatric Association in the Diagnostic
and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or
a subsequent edition adopted by rule by the executive commissioner
of the Health and Human Services Commission.
(b) The department shall provide to a woman who receives
medical assistance benefits during a pregnancy screening and
treatment for postpartum depression for the 12-month period after
the date the woman gives birth.
(c) The department shall provide mental health services to a
woman under Subsection (b) regardless of whether the woman has been
found to be a danger to herself or others.
(d) The department may not place an arbitrary or artificial
limit on the amount of services that may be provided under
Subsection (b).
(e) The executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement this
section.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2015.