84R9438 KKR-D By: Huffman S.B. No. 1698 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) If the health care provider who is treating a woman for postpartum depression under Subsection (a) determines that it is medically necessary for the woman to continue receiving treatment after the 12-month period of coverage ends, the health care provider must refer the woman to a federally qualified health center for continued treatment. (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) If the health care provider who is treating a woman for postpartum depression under Subsection (b) determines that it is medically necessary for the woman to continue receiving treatment after the 12-month period, the health care provider must refer the woman to a federally qualified health center for continued treatment. (d) 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.