Texas 2017 - 85th Regular

Texas House Bill HB3144 Compare Versions

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

Old	New	Differences
1	1	85R9412 LED-D
2	2	By: Thompson of Harris H.B. No. 3144
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to coverage for certain services relating to postpartum
8	8	depression under certain health benefit plans and the medical
9	9	assistance and CHIP perinatal programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 62, Health and Safety Code, is amended by
12	12	adding Subchapter E to read as follows:
13	13	SUBCHAPTER E. CHIP PERINATAL PROGRAM
14	14	Sec. 62.201. DEFINITION. In this subchapter, "postpartum
15	15	depression" means a disorder with postpartum onset that is
16	16	categorized as a mood disorder by the American Psychiatric
17	17	Association in the Diagnostic and Statistical Manual of Mental
18	18	Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
19	19	rule by the executive commissioner.
20	20	Sec. 62.202. COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)
21	21	The covered services under the CHIP perinatal program must include,
22	22	for each woman who gives birth to a child who is enrolled in the CHIP
23	23	perinatal program before birth, screening and treatment for
24	24	postpartum depression for the 12-month period after the date the
25	25	woman gives birth to the child.
26	26	(b) The coverage for postpartum depression provided under
27	27	Subsection (a):
28	28	(1) must provide mental health services to a woman
29	29	regardless of whether the woman has been found to be a danger to
30	30	herself or others; and
31	31	(2) may not place an arbitrary or artificial limit on
32	32	the amount of services that may be provided.
33	33	(c) The executive commissioner shall adopt rules necessary
34	34	to implement this section.
35	35	SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
36	36	is amended by adding Section 32.0249 to read as follows:
37	37	Sec. 32.0249. SERVICES RELATED TO POSTPARTUM DEPRESSION.
38	38	(a) For purposes of this section, "postpartum depression" means a
39	39	disorder with postpartum onset that is categorized as a mood
40	40	disorder by the American Psychiatric Association in the Diagnostic
41	41	and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or
42	42	a subsequent edition adopted by rule by the executive commissioner.
43	43	(b) The commission shall provide to a woman who receives
44	44	medical assistance benefits during a pregnancy screening and
45	45	treatment for postpartum depression for the 12-month period after
46	46	the date the woman gives birth.
47	47	(c) The commission shall provide mental health services to a
48	48	woman under Subsection (b) regardless of whether the woman has been
49	49	found to be a danger to herself or others.
50	50	(d) The commission may not place an arbitrary or artificial
51	51	limit on the amount of services that may be provided under
52	52	Subsection (b).
53	53	(e) The executive commissioner shall adopt rules necessary
54	54	to implement this section.
55	55	SECTION 3. Chapter 1366, Insurance Code, is amended by
56	56	adding Subchapter C to read as follows:
57	57	SUBCHAPTER C. COVERAGE FOR POSTPARTUM DEPRESSION TREATMENT
58	58	Sec. 1366.101. DEFINITION. In this subchapter, "postpartum
59	59	depression" means a disorder with postpartum onset that is
60	60	categorized as a mood disorder by the American Psychiatric
61	61	Association in the Diagnostic and Statistical Manual of Mental
62	62	Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
63	63	rule by the commissioner.
64	64	Sec. 1366.102. APPLICABILITY OF SUBCHAPTER. (a) This
65	65	subchapter applies only to a health benefit plan that provides
66	66	benefits for medical or surgical expenses incurred as a result of a
67	67	health condition, accident, or sickness, including an individual,
68	68	group, blanket, or franchise insurance policy or insurance
69	69	agreement, a group hospital service contract, or an individual or
70	70	group evidence of coverage or similar coverage document that is
71	71	offered by:
72	72	(1) an insurance company;
73	73	(2) a group hospital service corporation operating
74	74	under Chapter 842;
75	75	(3) a fraternal benefit society operating under
76	76	Chapter 885;
77	77	(4) a stipulated premium insurance company operating
78	78	under Chapter 884;
79	79	(5) a health maintenance organization operating under
80	80	Chapter 843;
81	81	(6) a multiple employer welfare arrangement that holds
82	82	a certificate of authority under Chapter 846; or
83	83	(7) an approved nonprofit health corporation that
84	84	holds a certificate of authority under Chapter 844.
85	85	(b) Notwithstanding any provision in Chapter 1551, 1575,
86	86	1579, or 1601 or any other law, this subchapter applies to:
87	87	(1) a basic coverage plan under Chapter 1551;
88	88	(2) a basic plan under Chapter 1575;
89	89	(3) a primary care coverage plan under Chapter 1579;
90	90	and
91	91	(4) basic coverage under Chapter 1601.
92	92	(c) This subchapter does not apply to a qualified health
93	93	plan if a determination is made under 45 C.F.R. Section 155.170
94	94	that:
95	95	(1) this chapter requires the plan to offer benefits
96	96	in addition to the essential health benefits required under 42
97	97	U.S.C. Section 18022(b); and
98	98	(2) this state is required to defray the cost of the
99	99	benefits mandated under this chapter.
100	100	Sec. 1366.103. COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)
101	101	A health benefit plan that provides maternity benefits must provide
102	102	to a woman who gives birth to a child coverage for screening and
103	103	treatment for postpartum depression for the 12-month period after
104	104	the date the woman gives birth to the child.
105	105	(b) The coverage for postpartum depression provided under
106	106	Subsection (a):
107	107	(1) must provide mental health services to a woman
108	108	regardless of whether the woman has been found to be a danger to
109	109	herself or others; and
110	110	(2) may not place an arbitrary or artificial limit on
111	111	the amount of services that may be provided.
112	112	SECTION 4. As soon as practicable after the effective date
113	113	of this Act, the executive commissioner of the Health and Human
114	114	Services Commission shall develop and seek a waiver or other
115	115	appropriate authorization from the Centers for Medicare and
116	116	Medicaid Services to extend the number of postpartum visits a woman
117	117	may receive under the CHIP perinatal program in order to implement
118	118	Section 62.202, Health and Safety Code, as added by this Act.
119	119	SECTION 5. If before implementing any provision of this Act
120	120	a state agency determines that an additional waiver or additional
121	121	authorization from a federal agency is necessary for implementation
122	122	of that provision, the agency affected by the provision shall
123	123	request the waiver or authorization and may delay implementing that
124	124	provision until the waiver or authorization is granted.
125	125	SECTION 6. Subchapter C, Chapter 1366, Insurance Code, as
126	126	added by this Act, applies only to a health benefit plan that is
127	127	delivered, issued for delivery, or renewed on or after January 1,
128	128	2018. A health benefit plan that is delivered, issued for delivery,
129	129	or renewed before January 1, 2018, is governed by the law as it
130	130	existed immediately before the effective date of this Act, and that
131	131	law is continued in effect for that purpose.
132	132	SECTION 7. This Act takes effect September 1, 2017.