3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to covered benefits under the child health plan. |
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8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Section 62.151, Health and Safety Code, is |
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10 | 12 | | amended by amending Subsection (c) and adding Subsections (g) and |
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11 | 13 | | (h) to read as follows: |
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12 | 14 | | (c) In modifying the plan, the executive commissioner, |
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13 | 15 | | except as provided by Subsection (g), shall ensure that primary and |
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14 | 16 | | preventive health benefits do not include reproductive services, |
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15 | 17 | | other than prenatal care and care related to diseases, illnesses, |
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16 | 18 | | or abnormalities related to the reproductive system. |
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17 | 19 | | (g) Subject to Subsection (h), the child health plan must |
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18 | | - | provide as covered benefits prescription contraceptive drugs, |
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19 | | - | supplies, or devices approved by the United States Food and Drug |
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20 | | - | Administration. The child health plan may not provide coverage for |
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21 | | - | abortifacients or any other drug or device that terminates a |
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22 | | - | pregnancy. |
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| 20 | + | provide as covered benefits prescription contraceptive drugs or |
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| 21 | + | devices approved by the United States Food and Drug Administration. |
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| 22 | + | This subsection does not require coverage of abortifacients or any |
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| 23 | + | other drug or device that terminates a pregnancy. |
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24 | | - | prescription contraceptive drugs, supplies, or devices for an |
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25 | | - | enrolled child younger than 18 years of age for the purpose of |
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26 | | - | primary and preventive reproductive health care only if the |
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27 | | - | prescribing or dispensing health care provider receives written |
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28 | | - | consent from the enrolled child's parent, guardian, or managing |
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29 | | - | conservator, or from the enrolled child if authorized under Section |
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30 | | - | 32.003, Family Code, for the prescription or dispensing of the |
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31 | | - | contraceptive drug, supply, or device. |
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| 25 | + | prescription contraceptive drugs or devices for an enrolled child |
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| 26 | + | younger than 18 years of age for the purpose of primary and |
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| 27 | + | preventive reproductive health care only if the prescribing health |
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| 28 | + | care provider receives written consent for the prescription from |
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| 29 | + | the enrolled child's parent, guardian, or managing conservator or |
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| 30 | + | from a person as authorized by Chapter 32, Family Code. |
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32 | 31 | | SECTION 2. If before implementing any provision of this Act |
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33 | 32 | | a state agency determines that a waiver or authorization from a |
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34 | 33 | | federal agency is necessary for implementation of that provision, |
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35 | 34 | | the agency affected by the provision shall request the waiver or |
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36 | 35 | | authorization and may delay implementing that provision until the |
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37 | 36 | | waiver or authorization is granted. |
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38 | 37 | | SECTION 3. This Act takes effect immediately if it receives |
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39 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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40 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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41 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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42 | 41 | | Act takes effect September 1, 2019. |
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