S.B. No. 747
AN ACT
relating to the administration of the newborn screening program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.004(f), Health and Safety Code, is
amended to read as follows:
(f) The executive commissioner by rule shall [may]
establish the amounts charged for newborn screening fees, including
fees assessed for follow-up services, tracking confirmatory
testing, and diagnosis. In adopting rules under this subsection,
the executive commissioner shall ensure that amounts charged for
newborn screening fees are sufficient to cover the costs of
performing the screening.
SECTION 2. 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 AND CLAIM PROCESS. (a) The
department shall publish on its Internet website the cost of and
instructions on the full claim and reimbursement process for 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 3. Chapter 33, Health and Safety Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT
Sec. 33.051. DEFINITION. In this subchapter, "account"
means the newborn screening preservation account established under
Section 33.052.
Sec. 33.052. CREATION OF ACCOUNT. (a) The newborn
screening preservation account is a dedicated account in the
general revenue fund. Money in the account may be appropriated only
to the department and only for the purpose of carrying out the
newborn screening program established under this chapter.
(b) On November 1 of each year, the comptroller shall
transfer to the account any unexpended and unencumbered money from
Medicaid reimbursements collected by the department for newborn
screening services during the preceding state fiscal year.
(c) The account is composed of:
(1) money transferred to the account under Subsection
(b);
(2) gifts, grants, donations, and legislative
appropriations; and
(3) interest earned on the investment of money in the
account.
(d) Section 403.0956, Government Code, does not apply to the
account.
(e) The department administers the account. The department
may solicit and receive gifts, grants, and donations from any
source for the benefit of the account.
Sec. 33.053. DEDICATED USE. (a) The department may use
any money remaining in the account after paying the costs of
operating the newborn screening program established under this
chapter only to:
(1) pay the costs of offering additional newborn
screening tests not offered under this chapter before September 1,
2019, including the operational costs incurred during the first
year of implementing the additional tests; and
(2) pay for capital assets, equipment, and renovations
for the laboratory established by the department to ensure the
continuous operation of the newborn screening program.
(b) The department may not use money from the account for
the department's general operating expenses.
Sec. 33.054. REPORT. If the department requires an
additional newborn screening test under Subchapter B the costs of
which are funded with money appropriated from the newborn screening
preservation account, the department shall, not later than
September 1 of each even-numbered year, prepare and submit to the
governor, the lieutenant governor, the speaker of the house of
representatives, and each standing committee of the legislature
having primary jurisdiction over the department a written report
that:
(1) summarizes the implementation plan for the test,
including anticipated completion dates for implementing the test
and potential barriers to conducting the test; and
(2) summarizes the actions taken by the department to
fund and implement the test during the preceding two years.
SECTION 4. 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 5. 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 6. 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 7. Notwithstanding Section 33.054, Health and
Safety Code, as added by this Act, the Department of State Health
Services shall submit the first report required by that section not
later than December 1, 2019.
SECTION 8. Section 33.019, Health and Safety Code, as added
by this Act, and Sections 1271.154 and 1367.003, Insurance Code, as
amended by this Act, apply 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 9. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 747 passed the Senate on
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 23, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 747 passed the House, with
amendments, on May 14, 2019, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor