Texas 2021 - 87th Regular

Texas House Bill HB2595 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2595
	1	+	By: Price, et al. (Senate Sponsor - Nelson) H.B. No. 2595
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 12, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a parity complaint portal and educational materials and
6	12		parity law training regarding benefits for mental health conditions
7	13		and substance use disorders to be made available through the portal
8	14		and otherwise; designating October as mental health condition and
9	15		substance use disorder parity awareness month.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. Subchapter D, Chapter 662, Government Code, is
12	18		amended by adding Section 662.115 to read as follows:
13	19		Sec. 662.115. MENTAL HEALTH CONDITION AND SUBSTANCE USE
14	20		DISORDER PARITY AWARENESS MONTH. (a) October is Mental Health
15	21		Condition and Substance Use Disorder Parity Awareness Month to
16	22		increase awareness of and compliance with state and federal rules,
17	23		regulations, and statutes concerning the availability of, and terms
18	24		and conditions of, benefits for mental health conditions and
19	25		substance use disorders.
20	26		(b) Mental Health Condition and Substance Use Disorder
21	27		Parity Awareness Month may be regularly observed through
22	28		appropriate activities in communities to increase awareness of and
23	29		education on the available benefits for mental health conditions
24	30		and substance use disorders.
25	31		SECTION 2. Subchapter F, Chapter 1355, Insurance Code, is
26	32		amended by adding Sections 1355.2571 and 1355.2572 to read as
27	33		follows:
28	34		Sec. 1355.2571. PARITY COMPLAINT PORTAL. (a) The
29	35		commissioner shall develop and maintain a parity complaint portal
30	36		that is an integrated system that allows for the enrollee of a
31	37		health benefit plan to submit complaints of suspected violations of
32	38		the provisions of this subchapter. The parity complaint portal
33	39		must:
34	40		(1) allow for an enrollee to submit a complaint
35	41		through multiple ways;
36	42		(2) provide updates on the status of an enrollee's
37	43		complaint;
38	44		(3) ensure timely, effective, and equitable
39	45		resolution for submitted complaints;
40	46		(4) include educational materials regarding:
41	47		(A) benefits for mental health conditions and
42	48		substance use disorders required under this subchapter;
43	49		(B) an enrollee's rights and responsibilities
44	50		under a health benefit plan concerning coverage under this
45	51		subchapter;
46	52		(C) circumstances under which a claim may be
47	53		denied; and
48	54		(D) the processes for reviewing a complaint
49	55		submitted through the portal;
50	56		(5) adhere to national best practices as determined by
51	57		the commissioner; and
52	58		(6) include the findings of the report required by
53	59		Section 1355.2572(b).
54	60		(b) In developing the parity complaint portal under
55	61		Subsection (a), the commissioner:
56	62		(1) shall conduct an assessment of complaint portals
57	63		and similar systems used by other relevant public or private
58	64		entities;
59	65		(2) shall develop best practice standards for
60	66		complaint submissions and tracking consistent with the findings of
61	67		the assessment conducted under Subdivision (1); and
62	68		(3) may develop a new complaint portal or modify an
63	69		existing complaint portal.
64	70		(c) The Health and Human Services Commission shall appoint a
65	71		liaison to the department to receive reports of concerns,
66	72		complaints, and potential violations submitted through the parity
67	73		complaint portal established under Subsection (a).
68	74		Sec. 1355.2572. EDUCATIONAL MATERIALS AND PARITY LAW
69	75		TRAINING; REPORT. (a) The commissioner, in collaboration with the
70	76		Health and Human Services Commission's ombudsman for behavioral
71	77		health, shall develop educational materials and parity law training
72	78		sessions regarding the coverage for mental health conditions and
73	79		substance use disorders required under this subchapter. The
74	80		commissioner shall ensure that the materials and training sessions:
75	81		(1) are available to health benefit plan issuers and
76	82		enrollees;
77	83		(2) include online, print, and in-person formats;
78	84		(3) are made available through the parity complaint
79	85		portal established under Section 1355.2571 and at relevant
80	86		locations and settings, including:
81	87		(A) any relevant agency offices;
82	88		(B) health benefit plan provider service
83	89		locations; and
84	90		(C) relevant professional conferences and trade
85	91		association meetings; and
86	92		(4) include a list of relevant third-party
87	93		organization educational and parity law awareness materials that
88	94		provide additional information regarding mental health conditions
89	95		and substance use disorder parity and, if provided in an online
90	96		format, provide the links needed to access those materials online.
91	97		(b) Not later than September 1 of each year, the
92	98		commissioner, in collaboration with the Health and Human Services
93	99		Commission's ombudsman for behavioral health, shall:
94	100		(1) prepare and submit a report to the appropriate
95	101		committees of the legislature and the appropriate state agencies on
96	102		the status of:
97	103		(A) rights and responsibilities for mental
98	104		health condition and substance use disorder benefits; and
99	105		(B) resolved and unresolved complaints submitted
100	106		through the parity complaint portal established under Section
101	107		1355.2571(a); and
102	108		(2) publish the findings of the report under
103	109		Subdivision (1) to the parity complaint portal established under
104	110		Section 1355.2571(a).
105	111		SECTION 3. As soon as practicable after the effective date
106	112		of this Act, the commissioner of insurance shall develop:
107	113		(1) the parity complaint portal required by Section
108	114		1355.2571, Insurance Code, as added by this Act; and
109	115		(2) the educational materials and parity law training
110	116		sessions required by Section 1355.2572, Insurance Code, as added by
111	117		this Act.
112	118		SECTION 4. This Act takes effect September 1, 2021.
113		-	______________________________ ______________________________
114		-	President of the Senate Speaker of the House
115		-	I certify that H.B. No. 2595 was passed by the House on May 6,
116		-	2021, by the following vote: Yeas 122, Nays 24, 1 present, not
117		-	voting.
118		-	______________________________
119		-	Chief Clerk of the House
120		-	I certify that H.B. No. 2595 was passed by the Senate on May
121		-	27, 2021, by the following vote: Yeas 31, Nays 0.
122		-	______________________________
123		-	Secretary of the Senate
124		-	APPROVED: _____________________
125		-	Date
126		-	_____________________
127		-	Governor
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