H.B. No. 2595
AN ACT
relating to a parity complaint portal and educational materials and
parity law training regarding benefits for mental health conditions
and substance use disorders to be made available through the portal
and otherwise; designating October as mental health condition and
substance use disorder parity awareness month.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 662, Government Code, is
amended by adding Section 662.115 to read as follows:
Sec. 662.115. MENTAL HEALTH CONDITION AND SUBSTANCE USE
DISORDER PARITY AWARENESS MONTH. (a) October is Mental Health
Condition and Substance Use Disorder Parity Awareness Month to
increase awareness of and compliance with state and federal rules,
regulations, and statutes concerning the availability of, and terms
and conditions of, benefits for mental health conditions and
substance use disorders.
(b) Mental Health Condition and Substance Use Disorder
Parity Awareness Month may be regularly observed through
appropriate activities in communities to increase awareness of and
education on the available benefits for mental health conditions
and substance use disorders.
SECTION 2. Subchapter F, Chapter 1355, Insurance Code, is
amended by adding Sections 1355.2571 and 1355.2572 to read as
follows:
Sec. 1355.2571. PARITY COMPLAINT PORTAL. (a) The
commissioner shall develop and maintain a parity complaint portal
that is an integrated system that allows for the enrollee of a
health benefit plan to submit complaints of suspected violations of
the provisions of this subchapter. The parity complaint portal
must:
(1) allow for an enrollee to submit a complaint
through multiple ways;
(2) provide updates on the status of an enrollee's
complaint;
(3) ensure timely, effective, and equitable
resolution for submitted complaints;
(4) include educational materials regarding:
(A) benefits for mental health conditions and
substance use disorders required under this subchapter;
(B) an enrollee's rights and responsibilities
under a health benefit plan concerning coverage under this
subchapter;
(C) circumstances under which a claim may be
denied; and
(D) the processes for reviewing a complaint
submitted through the portal;
(5) adhere to national best practices as determined by
the commissioner; and
(6) include the findings of the report required by
Section 1355.2572(b).
(b) In developing the parity complaint portal under
Subsection (a), the commissioner:
(1) shall conduct an assessment of complaint portals
and similar systems used by other relevant public or private
entities;
(2) shall develop best practice standards for
complaint submissions and tracking consistent with the findings of
the assessment conducted under Subdivision (1); and
(3) may develop a new complaint portal or modify an
existing complaint portal.
(c) The Health and Human Services Commission shall appoint a
liaison to the department to receive reports of concerns,
complaints, and potential violations submitted through the parity
complaint portal established under Subsection (a).
Sec. 1355.2572. EDUCATIONAL MATERIALS AND PARITY LAW
TRAINING; REPORT. (a) The commissioner, in collaboration with the
Health and Human Services Commission's ombudsman for behavioral
health, shall develop educational materials and parity law training
sessions regarding the coverage for mental health conditions and
substance use disorders required under this subchapter. The
commissioner shall ensure that the materials and training sessions:
(1) are available to health benefit plan issuers and
enrollees;
(2) include online, print, and in-person formats;
(3) are made available through the parity complaint
portal established under Section 1355.2571 and at relevant
locations and settings, including:
(A) any relevant agency offices;
(B) health benefit plan provider service
locations; and
(C) relevant professional conferences and trade
association meetings; and
(4) include a list of relevant third-party
organization educational and parity law awareness materials that
provide additional information regarding mental health conditions
and substance use disorder parity and, if provided in an online
format, provide the links needed to access those materials online.
(b) Not later than September 1 of each year, the
commissioner, in collaboration with the Health and Human Services
Commission's ombudsman for behavioral health, shall:
(1) prepare and submit a report to the appropriate
committees of the legislature and the appropriate state agencies on
the status of:
(A) rights and responsibilities for mental
health condition and substance use disorder benefits; and
(B) resolved and unresolved complaints submitted
through the parity complaint portal established under Section
1355.2571(a); and
(2) publish the findings of the report under
Subdivision (1) to the parity complaint portal established under
Section 1355.2571(a).
SECTION 3. As soon as practicable after the effective date
of this Act, the commissioner of insurance shall develop:
(1) the parity complaint portal required by Section
1355.2571, Insurance Code, as added by this Act; and
(2) the educational materials and parity law training
sessions required by Section 1355.2572, Insurance Code, as added by
this Act.
SECTION 4. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2595 was passed by the House on May 6,
2021, by the following vote: Yeas 122, Nays 24, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2595 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor