Texas 2017 - 85th Regular

Texas Senate Bill SB1265 Compare Versions

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

Old	New	Differences
1	1	85R1586 AJZ-D
2	2	By: Miles S.B. No. 1265
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to HIV and AIDS tests and to health benefit plan coverage
8	8	of HIV and AIDS tests.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter D, Chapter 85, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING
13	13	SECTION 2. Subchapter D, Chapter 85, Health and Safety
14	14	Code, is amended by adding Section 85.0815 to read as follows:
15	15	Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE
16	16	MEDICAL SCREENINGS. (a) A health care provider that takes a sample
17	17	of a person's blood as part of a routine medical screening shall
18	18	submit the sample for an HIV diagnostic test, regardless of whether
19	19	an HIV test is part of a primary diagnosis, unless the person opts
20	20	out of the HIV test.
21	21	(b) Before taking a sample of a person's blood, a health
22	22	care provider must verbally inform a person that an HIV test will be
23	23	performed unless the person opts out of the HIV test.
24	24	(c) The executive commissioner shall adopt rules to
25	25	implement this section. In adopting rules, the executive
26	26	commissioner must consider the most recent recommendations of the
27	27	federal Centers for Disease Control and Prevention for HIV testing
28	28	of adults and adolescents.
29	29	SECTION 3. Section 32.024, Human Resources Code, is amended
30	30	by adding Subsection (ee) to read as follows:
31	31	(ee) The executive commissioner shall adopt rules to
32	32	require the commission to provide an HIV test in accordance with
33	33	Section 85.0815, Health and Safety Code, to a person who receives
34	34	medical assistance.
35	35	SECTION 4. Chapter 1364, Insurance Code, is amended by
36	36	adding Subchapter D to read as follows:
37	37	SUBCHAPTER D. COVERAGE OF CERTAIN TESTING REQUIRED
38	38	Sec. 1364.151. DEFINITIONS. In this subchapter, "AIDS" and
39	39	"HIV" have the meanings assigned by Section 81.101, Health and
40	40	Safety Code.
41	41	Sec. 1364.152. APPLICABILITY OF SUBCHAPTER. (a) This
42	42	subchapter applies only to a health benefit plan, including a large
43	43	or small employer health benefit plan written under Chapter 1501,
44	44	that provides benefits for medical or surgical expenses incurred as
45	45	a result of a health condition, accident, or sickness, including an
46	46	individual, group, blanket, or franchise insurance policy or
47	47	insurance agreement, a group hospital service contract, or an
48	48	individual or group evidence of coverage or similar coverage
49	49	document that is offered by:
50	50	(1) an insurance company;
51	51	(2) a group hospital service corporation operating
52	52	under Chapter 842;
53	53	(3) a fraternal benefit society operating under
54	54	Chapter 885;
55	55	(4) a stipulated premium company operating under
56	56	Chapter 884;
57	57	(5) a reciprocal exchange operating under Chapter 942;
58	58	(6) a Lloyd's plan operating under Chapter 941;
59	59	(7) a health maintenance organization operating under
60	60	Chapter 843;
61	61	(8) a multiple employer welfare arrangement that holds
62	62	a certificate of authority under Chapter 846; or
63	63	(9) an approved nonprofit health corporation that
64	64	holds a certificate of authority under Chapter 844.
65	65	(b) Notwithstanding any provision in Chapter 1551, 1575,
66	66	1579, or 1601 or any other law, this chapter applies to:
67	67	(1) a basic coverage plan under Chapter 1551;
68	68	(2) a basic plan under Chapter 1575;
69	69	(3) a primary care coverage plan under Chapter 1579;
70	70	and
71	71	(4) basic coverage under Chapter 1601.
72	72	Sec. 1364.153. COVERAGE OF CERTAIN TESTING REQUIRED. A
73	73	health benefit plan issuer may not exclude or deny coverage for the
74	74	performance of medical tests or procedures to determine HIV
75	75	infection, antibodies to HIV, or infection with any other probable
76	76	causative agent of AIDS, regardless of whether the test or medical
77	77	procedure is related to the primary diagnosis of the health
78	78	condition, accident, or sickness for which the enrollee seeks
79	79	medical or surgical treatment.
80	80	Sec. 1364.154. RULES. The commissioner may adopt rules
81	81	necessary to implement this subchapter.
82	82	SECTION 5. The heading to Section 1507.004, Insurance Code,
83	83	is amended to read as follows:
84	84	Sec. 1507.004. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
85	85	MINIMUM REQUIREMENTS [REQUIREMENT].
86	86	SECTION 6. Section 1507.004, Insurance Code, is amended by
87	87	adding Subsection (c) to read as follows:
88	88	(c) Any standard health benefit plan must include coverage
89	89	for tests or procedures to determine HIV infection, antibodies to
90	90	HIV, or infection with any other probable causative agent of AIDS as
91	91	required by Subchapter D, Chapter 1364.
92	92	SECTION 7. Section 1507.054, Insurance Code, is amended to
93	93	read as follows:
94	94	Sec. 1507.054. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
95	95	MINIMUM REQUIREMENTS. (a) A health maintenance organization
96	96	authorized to issue an evidence of coverage in this state may offer
97	97	one or more standard health benefit plans.
98	98	(b) Any standard health benefit plan must include coverage
99	99	for tests or procedures to determine HIV infection, antibodies to
100	100	HIV, or infection with any other probable causative agent of AIDS as
101	101	required by Subchapter D, Chapter 1364.
102	102	SECTION 8. If before implementing the change in law made by
103	103	Section 32.024(ee), Human Resources Code, as added by this Act, a
104	104	state agency determines that a waiver or authorization from a
105	105	federal agency is necessary for implementation of that change in
106	106	law, the agency affected by the change in law shall request the
107	107	waiver or authorization and may delay implementing that change in
108	108	law until the waiver or authorization is granted.
109	109	SECTION 9. Subchapter D, Chapter 1364, Insurance Code, as
110	110	added by this Act, and Sections 1507.004 and 1507.054, Insurance
111	111	Code, as amended by this Act, apply only to a health benefit plan
112	112	that is delivered, issued for delivery, or renewed on or after
113	113	January 1, 2018. A health benefit plan that is delivered, issued
114	114	for delivery, or renewed before January 1, 2018, is covered by the
115	115	law in effect at the time the health benefit plan was delivered,
116	116	issued for delivery, or renewed, and that law is continued in effect
117	117	for that purpose.
118	118	SECTION 10. (a) The executive commissioner of the Health
119	119	and Human Services Commission shall adopt the rules required by
120	120	Section 85.0815, Health and Safety Code, as added by this Act, and
121	121	Section 32.024(ee), Human Resources Code, as added by this Act, not
122	122	later than January 1, 2018.
123	123	(b) Notwithstanding Section 85.0815, Health and Safety
124	124	Code, as added by this Act, a health care provider is not required
125	125	to comply with that section until January 1, 2018.
126	126	SECTION 11. This Act takes effect September 1, 2017.