Texas 2017 - 85th 1st C.S.

Texas House Bill HB102 Compare Versions

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11 85S10135 KKR-D
22 By: Coleman H.B. No. 102
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to coverage for certain services relating to postpartum
88 depression under the medical assistance and CHIP perinatal
99 programs.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Chapter 62, Health and Safety Code, is amended by
1212 adding Subchapter E to read as follows:
1313 SUBCHAPTER E. CHIP PERINATAL PROGRAM
1414 Sec. 62.201. DEFINITION. In this subchapter, "postpartum
1515 depression" means a disorder with postpartum onset that is
1616 categorized as a mood disorder by the American Psychiatric
1717 Association in the Diagnostic and Statistical Manual of Mental
1818 Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
1919 rule by the executive commissioner.
2020 Sec. 62.202. COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)
2121 The covered services under the CHIP perinatal program must include,
2222 for each woman who gives birth to a child who is enrolled in the CHIP
2323 perinatal program before birth, screening and treatment for
2424 postpartum depression for the 12-month period after the date the
2525 woman gives birth to the child.
2626 (b) The coverage for postpartum depression provided under
2727 Subsection (a):
2828 (1) must provide mental health services to a woman
2929 regardless of whether the woman has been found to be a danger to
3030 herself or others; and
3131 (2) may not place an arbitrary or artificial limit on
3232 the amount of services that may be provided.
3333 (c) The executive commissioner shall adopt rules necessary
3434 to implement this section.
3535 SECTION 2. Section 32.024, Human Resources Code, is amended
3636 by adding Subsection (l-1) to read as follows:
3737 (l-1) The commission shall continue to provide medical
3838 assistance to a woman who is eligible for medical assistance for
3939 pregnant women for a period of not less than 12 months following the
4040 date the woman gives birth.
4141 SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
4242 is amended by adding Section 32.02491 to read as follows:
4343 Sec. 32.02491. SERVICES RELATED TO POSTPARTUM DEPRESSION.
4444 (a) For purposes of this section, "postpartum depression" means a
4545 disorder with postpartum onset that is categorized as a mood
4646 disorder by the American Psychiatric Association in the Diagnostic
4747 and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or
4848 a subsequent edition adopted by rule by the executive commissioner.
4949 (b) The commission shall provide to a woman who receives
5050 medical assistance benefits during a pregnancy screening and
5151 treatment for postpartum depression for the 12-month period after
5252 the date the woman gives birth.
5353 (c) The commission shall provide mental health services to a
5454 woman under Subsection (b) regardless of whether the woman has been
5555 found to be a danger to herself or others.
5656 (d) The commission may not place an arbitrary or artificial
5757 limit on the amount of services that may be provided under
5858 Subsection (b).
5959 (e) The executive commissioner shall adopt rules necessary
6060 to implement this section.
6161 SECTION 4. As soon as practicable after the effective date
6262 of this Act, the executive commissioner of the Health and Human
6363 Services Commission shall develop and seek a waiver or other
6464 appropriate authorization from the Centers for Medicare and
6565 Medicaid Services to extend the number of postpartum visits a woman
6666 may receive under the CHIP perinatal program in order to implement
6767 Section 62.202, Health and Safety Code, as added by this Act.
6868 SECTION 5. If before implementing any provision of this Act
6969 a state agency determines that an additional waiver or additional
7070 authorization from a federal agency is necessary for implementation
7171 of that provision, the agency affected by the provision shall
7272 request the waiver or authorization and may delay implementing that
7373 provision until the waiver or authorization is granted.
7474 SECTION 6. This Act takes effect December 1, 2017.