Texas 2019 - 86th Regular

Texas Senate Bill SB747 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 747
	1	+	86R25550 SCL-D
	2	+	By: Kolkhorst, et al. S.B. No. 747
	3	+	(Lucio III)
	4	+	Substitute the following for S.B. No. 747: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5		-	relating to the administration of the newborn screening program.
	9	+	relating to required notice of the cost and health benefit plan
	10	+	coverage of newborn screening tests.
6	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7		-	SECTION 1. Section 33.004(f), Health and Safety Code, is
8		-	amended to read as follows:
9		-	(f) The executive commissioner by rule shall [may]
10		-	establish the amounts charged for newborn screening fees, including
11		-	fees assessed for follow-up services, tracking confirmatory
12		-	testing, and diagnosis. In adopting rules under this subsection,
13		-	the executive commissioner shall ensure that amounts charged for
14		-	newborn screening fees are sufficient to cover the costs of
15		-	performing the screening.
16		-	SECTION 2. Subchapter B, Chapter 33, Health and Safety
	12	+	SECTION 1. Subchapter B, Chapter 33, Health and Safety
17	13		Code, is amended by adding Section 33.019 to read as follows:
18	14		Sec. 33.019. NOTICE OF COST AND CLAIM PROCESS. (a) The
19	15		department shall publish on its Internet website the cost of and
20	16		instructions on the full claim and reimbursement process for a
21	17		newborn screening test kit to be used to comply with the test
22	18		requirements of Section 33.011.
23	19		(b) The department may change the cost published under
24	20		Subsection (a) not later than the 90th day before the date the
25	21		department publishes notice of the change on its Internet website.
26	22		If the department changes the cost under this subsection, the
27	23		department shall retain a record of the previous cost until the
28	24		first anniversary of the date of the change.
29		-	SECTION 3. Chapter 33, Health and Safety Code, is amended by
30		-	adding Subchapter D to read as follows:
31		-	SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT
32		-	Sec. 33.051. DEFINITION. In this subchapter, "account"
33		-	means the newborn screening preservation account established under
34		-	Section 33.052.
35		-	Sec. 33.052. CREATION OF ACCOUNT. (a) The newborn
36		-	screening preservation account is a dedicated account in the
37		-	general revenue fund. Money in the account may be appropriated only
38		-	to the department and only for the purpose of carrying out the
39		-	newborn screening program established under this chapter.
40		-	(b) On November 1 of each year, the comptroller shall
41		-	transfer to the account any unexpended and unencumbered money from
42		-	Medicaid reimbursements collected by the department for newborn
43		-	screening services during the preceding state fiscal year.
44		-	(c) The account is composed of:
45		-	(1) money transferred to the account under Subsection
46		-	(b);
47		-	(2) gifts, grants, donations, and legislative
48		-	appropriations; and
49		-	(3) interest earned on the investment of money in the
50		-	account.
51		-	(d) Section 403.0956, Government Code, does not apply to the
52		-	account.
53		-	(e) The department administers the account. The department
54		-	may solicit and receive gifts, grants, and donations from any
55		-	source for the benefit of the account.
56		-	Sec. 33.053. DEDICATED USE. (a) The department may use
57		-	any money remaining in the account after paying the costs of
58		-	operating the newborn screening program established under this
59		-	chapter only to:
60		-	(1) pay the costs of offering additional newborn
61		-	screening tests not offered under this chapter before September 1,
62		-	2019, including the operational costs incurred during the first
63		-	year of implementing the additional tests; and
64		-	(2) pay for capital assets, equipment, and renovations
65		-	for the laboratory established by the department to ensure the
66		-	continuous operation of the newborn screening program.
67		-	(b) The department may not use money from the account for
68		-	the department's general operating expenses.
69		-	Sec. 33.054. REPORT. If the department requires an
70		-	additional newborn screening test under Subchapter B the costs of
71		-	which are funded with money appropriated from the newborn screening
72		-	preservation account, the department shall, not later than
73		-	September 1 of each even-numbered year, prepare and submit to the
74		-	governor, the lieutenant governor, the speaker of the house of
75		-	representatives, and each standing committee of the legislature
76		-	having primary jurisdiction over the department a written report
77		-	that:
78		-	(1) summarizes the implementation plan for the test,
79		-	including anticipated completion dates for implementing the test
80		-	and potential barriers to conducting the test; and
81		-	(2) summarizes the actions taken by the department to
82		-	fund and implement the test during the preceding two years.
83		-	SECTION 4. Section 1271.154, Insurance Code, is amended to
	25	+	SECTION 2. Section 1271.154, Insurance Code, is amended to
84	26		read as follows:
85	27		Sec. 1271.154. WELL-CHILD CARE FROM BIRTH. (a) In this
86	28		section, "well-child care from birth" has the meaning used under
87	29		Section 1302, Public Health Service Act (42 U.S.C. Section 300e-1),
88	30		and its subsequent amendments. The term includes administration of
89	31		newborn screening required by the [Texas] Department of State
90	32		Health Services and the cost of the newborn screening test kit
91	33		described by Section 33.019, Health and Safety Code.
92	34		(b) A health maintenance organization shall ensure that
93	35		each health care plan provided by the health maintenance
94	36		organization includes well-child care from birth that complies
95	37		with:
96	38		(1) federal requirements adopted under Chapter XI,
97	39		Public Health Service Act (42 U.S.C. Section 300e et seq.), and its
98	40		subsequent amendments; and
99	41		(2) the rules adopted by the executive commissioner
100	42		[Texas Department] of the Health and Human Services Commission to
101	43		implement those requirements, including rules on the cost of the
102	44		newborn screening test kit described by Section 33.019, Health and
103	45		Safety Code.
104		-	SECTION 5. Section 1367.003, Insurance Code, is amended to
	46	+	SECTION 3. Section 1367.003, Insurance Code, is amended to
105	47		read as follows:
106	48		Sec. 1367.003. CERTAIN LIMITATIONS ON COVERAGE FOR NEWBORN
107	49		CHILDREN PROHIBITED. A health benefit plan that provides maternity
108	50		benefits or accident and health coverage for additional newborn
109	51		children may not be issued in this state if the plan excludes or
110	52		limits:
111	53		(1) initial coverage of a newborn child for a period of
112	54		time; [or]
113	55		(2) coverage for congenital defects of a newborn
114	56		child; or
115	57		(3) coverage for administration of the newborn
116	58		screening tests required by Section 33.011, Health and Safety Code,
117	59		including for the cost of a newborn screening test kit in the amount
118	60		provided by the Department of State Health Services on its Internet
119	61		website under Section 33.019 of that code on the date the test was
120	62		administered.
121		-	SECTION 6. As soon as practicable after the effective date
	63	+	SECTION 4. As soon as practicable after the effective date
122	64		of this Act, the executive commissioner of the Health and Human
123	65		Services Commission shall adopt rules necessary to implement this
124	66		Act.
125		-	SECTION 7. Notwithstanding Section 33.054, Health and
126		-	Safety Code, as added by this Act, the Department of State Health
127		-	Services shall submit the first report required by that section not
128		-	later than December 1, 2019.
129		-	SECTION 8. Section 33.019, Health and Safety Code, as added
130		-	by this Act, and Sections 1271.154 and 1367.003, Insurance Code, as
131		-	amended by this Act, apply only to a health benefit plan delivered,
132		-	issued for delivery, or renewed on or after January 1, 2020. A
133		-	health benefit plan delivered, issued for delivery, or renewed
134		-	before January 1, 2020, is governed by the law as it existed
135		-	immediately before the effective date of this Act, and that law is
136		-	continued in effect for that purpose.
137		-	SECTION 9. This Act takes effect September 1, 2019.
138		-	______________________________ ______________________________
139		-	President of the Senate Speaker of the House
140		-	I hereby certify that S.B. No. 747 passed the Senate on
141		-	April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
142		-	the Senate concurred in House amendments on May 23, 2019, by the
143		-	following vote: Yeas 31, Nays 0.
144		-	______________________________
145		-	Secretary of the Senate
146		-	I hereby certify that S.B. No. 747 passed the House, with
147		-	amendments, on May 14, 2019, by the following vote: Yeas 139,
148		-	Nays 0, two present not voting.
149		-	______________________________
150		-	Chief Clerk of the House
151		-	Approved:
152		-	______________________________
153		-	Date
154		-	______________________________
155		-	Governor
	67	+	SECTION 5. The change in law made by this Act applies only
	68	+	to a health benefit plan delivered, issued for delivery, or renewed
	69	+	on or after January 1, 2020. A health benefit plan delivered, issued
	70	+	for delivery, or renewed before January 1, 2020, is governed by the
	71	+	law as it existed immediately before the effective date of this Act,
	72	+	and that law is continued in effect for that purpose.
	73	+	SECTION 6. This Act takes effect September 1, 2019.