Texas 2019 - 86th Regular

Texas House Bill HB762 Compare Versions

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

Old	New	Differences
1	1	86R1361 KKR-D
2	2	By: Wu H.B. No. 762
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 who takes a sample
17	17	of a person's blood as part of an annual 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 as part of an
22	22	annual medical screening, a health care provider must verbally
23	23	inform the person that an HIV test will be performed unless the
24	24	person opts out of the HIV test.
25	25	(c) The executive commissioner shall adopt rules to
26	26	implement this section. In adopting rules, the executive
27	27	commissioner must consider the most recent recommendations of the
28	28	Centers for Disease Control and Prevention for HIV testing of
29	29	adults and adolescents.
30	30	SECTION 3. Section 32.024, Human Resources Code, is amended
31	31	by adding Subsection (ee) to read as follows:
32	32	(ee) The executive commissioner shall adopt rules to
33	33	require the commission to provide an HIV test in accordance with
34	34	Section 85.0815, Health and Safety Code, to a person who receives
35	35	medical assistance.
36	36	SECTION 4. Chapter 1364, Insurance Code, is amended by
37	37	adding Subchapter D to read as follows:
38	38	SUBCHAPTER D. COVERAGE OF CERTAIN TESTING REQUIRED
39	39	Sec. 1364.151. DEFINITIONS. In this subchapter, "AIDS" and
40	40	"HIV" have the meanings assigned by Section 81.101, Health and
41	41	Safety Code.
42	42	Sec. 1364.152. APPLICABILITY OF SUBCHAPTER. (a) This
43	43	subchapter applies only to a health benefit plan, including a large
44	44	or small employer health benefit plan written under Chapter 1501,
45	45	that provides benefits for medical or surgical expenses incurred as
46	46	a result of a health condition, accident, or sickness, including an
47	47	individual, group, blanket, or franchise insurance policy or
48	48	insurance agreement, a group hospital service contract, or an
49	49	individual or group evidence of coverage or similar coverage
50	50	document that is offered by:
51	51	(1) an insurance company;
52	52	(2) a group hospital service corporation operating
53	53	under Chapter 842;
54	54	(3) a fraternal benefit society operating under
55	55	Chapter 885;
56	56	(4) a stipulated premium company operating under
57	57	Chapter 884;
58	58	(5) a reciprocal exchange operating under Chapter 942;
59	59	(6) a Lloyd's plan operating under Chapter 941;
60	60	(7) a health maintenance organization operating under
61	61	Chapter 843;
62	62	(8) a multiple employer welfare arrangement that holds
63	63	a certificate of authority under Chapter 846; or
64	64	(9) an approved nonprofit health corporation that
65	65	holds a certificate of authority under Chapter 844.
66	66	(b) Notwithstanding any provision in Chapter 1551, 1575,
67	67	1579, or 1601 or any other law, this subchapter applies to:
68	68	(1) a basic coverage plan under Chapter 1551;
69	69	(2) a basic plan under Chapter 1575;
70	70	(3) a primary care coverage plan under Chapter 1579;
71	71	and
72	72	(4) basic coverage under Chapter 1601.
73	73	Sec. 1364.153. COVERAGE OF CERTAIN TESTING REQUIRED. A
74	74	health benefit plan issuer may not exclude or deny coverage for the
75	75	performance of medical tests or procedures to determine HIV
76	76	infection, antibodies to HIV, or infection with any other probable
77	77	causative agent of AIDS, regardless of whether the test or medical
78	78	procedure is related to the primary diagnosis of the health
79	79	condition, accident, or sickness for which the enrollee seeks
80	80	medical or surgical treatment.
81	81	Sec. 1364.154. RULES. The commissioner may adopt rules
82	82	necessary to implement this subchapter.
83	83	SECTION 5. The heading to Section 1507.004, Insurance Code,
84	84	is amended to read as follows:
85	85	Sec. 1507.004. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
86	86	MINIMUM REQUIREMENTS [REQUIREMENT].
87	87	SECTION 6. Section 1507.004, Insurance Code, is amended by
88	88	adding Subsection (c) to read as follows:
89	89	(c) Any standard health benefit plan must include coverage
90	90	for tests or procedures to determine HIV infection, antibodies to
91	91	HIV, or infection with any other probable causative agent of AIDS as
92	92	required by Subchapter D, Chapter 1364.
93	93	SECTION 7. Section 1507.054, Insurance Code, is amended to
94	94	read as follows:
95	95	Sec. 1507.054. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
96	96	MINIMUM REQUIREMENTS. (a) A health maintenance organization
97	97	authorized to issue an evidence of coverage in this state may offer
98	98	one or more standard health benefit plans.
99	99	(b) Any standard health benefit plan must include coverage
100	100	for tests or procedures to determine HIV infection, antibodies to
101	101	HIV, or infection with any other probable causative agent of AIDS as
102	102	required by Subchapter D, Chapter 1364.
103	103	SECTION 8. If before implementing the change in law made by
104	104	Section 32.024(ee), Human Resources Code, as added by this Act, a
105	105	state agency determines that a waiver or authorization from a
106	106	federal agency is necessary for implementation of that change in
107	107	law, the agency affected by the change in law shall request the
108	108	waiver or authorization and may delay implementing that change in
109	109	law until the waiver or authorization is granted.
110	110	SECTION 9. Subchapter D, Chapter 1364, Insurance Code, as
111	111	added by this Act, and Sections 1507.004 and 1507.054, Insurance
112	112	Code, as amended by this Act, apply only to a health benefit plan
113	113	that is delivered, issued for delivery, or renewed on or after
114	114	January 1, 2020. A health benefit plan that is delivered, issued
115	115	for delivery, or renewed before January 1, 2020, is covered by the
116	116	law in effect at the time the health benefit plan was delivered,
117	117	issued for delivery, or renewed, and that law is continued in effect
118	118	for that purpose.
119	119	SECTION 10. (a) The executive commissioner of the Health
120	120	and Human Services Commission shall adopt the rules required by
121	121	Section 85.0815, Health and Safety Code, as added by this Act, and
122	122	Section 32.024(ee), Human Resources Code, as added by this Act, not
123	123	later than January 1, 2020.
124	124	(b) Notwithstanding Section 85.0815, Health and Safety
125	125	Code, as added by this Act, a health care provider is not required
126	126	to comply with that section until January 1, 2020.
127	127	SECTION 11. This Act takes effect September 1, 2019.