Texas 2017 - 85th Regular

Texas House Bill HB2135 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18350 KKR-D
2	2	By: Coleman, Farrar, Guillen H.B. No. 2135
3	3	Substitute the following for H.B. No. 2135:
4	4	By: Cortez C.S.H.B. No. 2135
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to coverage for certain services relating to postpartum
10	10	depression under the medical assistance and CHIP perinatal
11	11	programs.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 62, Health and Safety Code, is amended by
14	14	adding Subchapter E to read as follows:
15	15	SUBCHAPTER E. CHIP PERINATAL PROGRAM
16	16	Sec. 62.201. DEFINITION. In this subchapter, "postpartum
17	17	depression" means a disorder with postpartum onset that is
18	18	categorized as a mood disorder by the American Psychiatric
19	19	Association in the Diagnostic and Statistical Manual of Mental
20	20	Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
21	21	rule by the executive commissioner.
22	22	Sec. 62.202. COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)
23	23	The covered services under the CHIP perinatal program must include,
24	24	for each woman who gives birth to a child who is enrolled in the CHIP
25	25	perinatal program before birth, screening and treatment for
26	26	postpartum depression for the 12-month period after the date the
27	27	woman gives birth to the child.
28	28	(b) The coverage for postpartum depression provided under
29	29	Subsection (a):
30	30	(1) must provide mental health services to a woman
31	31	regardless of whether the woman has been found to be a danger to
32	32	herself or others; and
33	33	(2) may not place an arbitrary or artificial limit on
34	34	the amount of services that may be provided.
35	35	(c) The executive commissioner shall adopt rules necessary
36	36	to implement this section.
37	37	SECTION 2. Section 32.024, Human Resources Code, is amended
38	38	by adding Subsection (l-1) to read as follows:
39	39	(l-1) The commission shall continue to provide medical
40	40	assistance to a woman who is eligible for medical assistance for
41	41	pregnant women for a period of not less than 12 months following the
42	42	date the woman gives birth.
43	43	SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
44	44	is amended by adding Section 32.02491 to read as follows:
45	45	Sec. 32.02491. SERVICES RELATED TO POSTPARTUM DEPRESSION.
46	46	(a) For purposes of this section, "postpartum depression" means a
47	47	disorder with postpartum onset that is categorized as a mood
48	48	disorder by the American Psychiatric Association in the Diagnostic
49	49	and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or
50	50	a subsequent edition adopted by rule by the executive commissioner.
51	51	(b) The commission shall provide to a woman who receives
52	52	medical assistance benefits during a pregnancy screening and
53	53	treatment for postpartum depression for the 12-month period after
54	54	the date the woman gives birth.
55	55	(c) The commission shall provide mental health services to a
56	56	woman under Subsection (b) regardless of whether the woman has been
57	57	found to be a danger to herself or others.
58	58	(d) The commission may not place an arbitrary or artificial
59	59	limit on the amount of services that may be provided under
60	60	Subsection (b).
61	61	(e) The executive commissioner shall adopt rules necessary
62	62	to implement this section.
63	63	SECTION 4. As soon as practicable after the effective date
64	64	of this Act, the executive commissioner of the Health and Human
65	65	Services Commission shall develop and seek a waiver or other
66	66	appropriate authorization from the Centers for Medicare and
67	67	Medicaid Services to extend the number of postpartum visits a woman
68	68	may receive under the CHIP perinatal program in order to implement
69	69	Section 62.202, Health and Safety Code, as added by this Act.
70	70	SECTION 5. If before implementing any provision of this Act
71	71	a state agency determines that an additional waiver or additional
72	72	authorization from a federal agency is necessary for implementation
73	73	of that provision, the agency affected by the provision shall
74	74	request the waiver or authorization and may delay implementing that
75	75	provision until the waiver or authorization is granted.
76	76	SECTION 6. This Act takes effect September 1, 2017.