86R6786 SCL-D
By: Lucio III H.B. No. 2582
A BILL TO BE ENTITLED
AN ACT
relating to required notice of the cost and health benefit plan
coverage of newborn screening tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 33, Health and Safety
Code, is amended by adding Section 33.019 to read as follows:
Sec. 33.019. NOTICE OF COST. (a) The department shall
publish on its Internet website the cost of a newborn screening test
kit to be used to comply with the test requirements of Section
33.011.
(b) The department may change the cost published under
Subsection (a) not later than the 90th day before the date the
department publishes notice of the change on its Internet website.
If the department changes the cost under this subsection, the
department shall retain a record of the previous cost until the
first anniversary of the date of the change.
SECTION 2. Section 1271.154, Insurance Code, is amended to
read as follows:
Sec. 1271.154. WELL-CHILD CARE FROM BIRTH. (a) In this
section, "well-child care from birth" has the meaning used under
Section 1302, Public Health Service Act (42 U.S.C. Section 300e-1),
and its subsequent amendments. The term includes administration of
newborn screening required by the [Texas] Department of State
Health Services and the cost of the newborn screening test kit
described by Section 33.019, Health and Safety Code.
(b) A health maintenance organization shall ensure that
each health care plan provided by the health maintenance
organization includes well-child care from birth that complies
with:
(1) federal requirements adopted under Chapter XI,
Public Health Service Act (42 U.S.C. Section 300e et seq.), and its
subsequent amendments; and
(2) the rules adopted by the executive commissioner
[Texas Department] of the Health and Human Services Commission to
implement those requirements, including rules on the cost of the
newborn screening test kit described by Section 33.019, Health and
Safety Code.
SECTION 3. Section 1367.003, Insurance Code, is amended to
read as follows:
Sec. 1367.003. CERTAIN LIMITATIONS ON COVERAGE FOR NEWBORN
CHILDREN PROHIBITED. A health benefit plan that provides maternity
benefits or accident and health coverage for additional newborn
children may not be issued in this state if the plan excludes or
limits:
(1) initial coverage of a newborn child for a period of
time; [or]
(2) coverage for congenital defects of a newborn
child; or
(3) coverage for administration of the newborn
screening tests required by Section 33.011, Health and Safety Code,
including for the cost of a newborn screening test kit in the amount
provided by the Department of State Health Services on its Internet
website under Section 33.019 of that code on the date the test was
administered.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules necessary to implement this
Act.
SECTION 5. The change in law made by this Act applies only
to a health benefit plan delivered, issued for delivery, or renewed
on or after January 1, 2020. A health benefit plan delivered, issued
for delivery, or renewed before January 1, 2020, is governed by the
law as it existed immediately before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.