Texas 2021 - 87th Regular

Texas House Bill HB493 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1819 KKR-D
2	2	By: Wu H.B. No. 493
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to HIV and AIDS tests and to health benefit plan coverage
8	8	of HIV and AIDS tests.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Subchapter D, Chapter 85, Health
11	11	and Safety Code, is amended to read as follows:
12	12	SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING
13	13	SECTION 2. Subchapter D, Chapter 85, Health and Safety
14	14	Code, is amended by adding Section 85.0815 to read as follows:
15	15	Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE
16	16	MEDICAL SCREENINGS. (a) A health care provider who takes a sample
17	17	of a person's blood as part of a medical screening may submit the
18	18	sample for an HIV diagnostic test, regardless of whether an HIV test
19	19	is part of a primary diagnosis, unless the person opts out of the
20	20	HIV test.
21	21	(b) Before taking a sample of a person's blood as part of a
22	22	medical screening, a health care provider must obtain the person's
23	23	written consent for an HIV diagnostic test or verbally inform the
24	24	person that an HIV diagnostic test will be performed unless the
25	25	person opts out of the HIV test.
26	26	(c) A health care provider who submits a person's blood for
27	27	an HIV diagnostic test shall provide to each person who receives a
28	28	positive result of the test information on available HIV health
29	29	services and referrals to community support programs.
30	30	(d) The executive commissioner shall adopt rules to
31	31	implement this section. In adopting rules, the executive
32	32	commissioner must consider the most recent recommendations of the
33	33	Centers for Disease Control and Prevention for HIV testing of
34	34	adults and adolescents.
35	35	SECTION 3. Section 32.024, Human Resources Code, is amended
36	36	by adding Subsection (ee) to read as follows:
37	37	(ee) The executive commissioner shall adopt rules to
38	38	require the commission to provide an HIV test in accordance with
39	39	Section 85.0815, Health and Safety Code, to a person who receives
40	40	medical assistance.
41	41	SECTION 4. Chapter 1364, Insurance Code, is amended by
42	42	adding Subchapter D to read as follows:
43	43	SUBCHAPTER D. COVERAGE OF CERTAIN TESTING REQUIRED
44	44	Sec. 1364.151. DEFINITIONS. In this subchapter, "AIDS" and
45	45	"HIV" have the meanings assigned by Section 81.101, Health and
46	46	Safety Code.
47	47	Sec. 1364.152. APPLICABILITY OF SUBCHAPTER. (a) This
48	48	subchapter applies only to a health benefit plan, including a large
49	49	or small employer health benefit plan written under Chapter 1501,
50	50	that provides benefits for medical or surgical expenses incurred as
51	51	a result of a health condition, accident, or sickness, including an
52	52	individual, group, blanket, or franchise insurance policy or
53	53	insurance agreement, a group hospital service contract, or an
54	54	individual or group evidence of coverage or similar coverage
55	55	document that is offered by:
56	56	(1) an insurance company;
57	57	(2) a group hospital service corporation operating
58	58	under Chapter 842;
59	59	(3) a fraternal benefit society operating under
60	60	Chapter 885;
61	61	(4) a stipulated premium company operating under
62	62	Chapter 884;
63	63	(5) a reciprocal exchange operating under Chapter 942;
64	64	(6) a Lloyd's plan operating under Chapter 941;
65	65	(7) a health maintenance organization operating under
66	66	Chapter 843;
67	67	(8) a multiple employer welfare arrangement that holds
68	68	a certificate of authority under Chapter 846; or
69	69	(9) an approved nonprofit health corporation that
70	70	holds a certificate of authority under Chapter 844.
71	71	(b) Notwithstanding any provision in Chapter 1551, 1575,
72	72	1579, or 1601 or any other law, this subchapter applies to:
73	73	(1) a basic coverage plan under Chapter 1551;
74	74	(2) a basic plan under Chapter 1575;
75	75	(3) a primary care coverage plan under Chapter 1579;
76	76	and
77	77	(4) basic coverage under Chapter 1601.
78	78	Sec. 1364.153. EXCEPTION. This subchapter does not apply
79	79	to a qualified health plan defined by 45 C.F.R. Section 155.20 if a
80	80	determination is made under 45 C.F.R. Section 155.170 that:
81	81	(1) this subchapter requires the plan to offer
82	82	benefits in addition to the essential health benefits required
83	83	under 42 U.S.C. Section 18022(b); and
84	84	(2) this state must make payments to defray the cost of
85	85	the additional benefits mandated by this subchapter.
86	86	Sec. 1364.154. COVERAGE OF CERTAIN TESTING REQUIRED. A
87	87	health benefit plan issuer may not exclude or deny coverage for the
88	88	performance of medical tests or procedures to determine HIV
89	89	infection, antibodies to HIV, or infection with any other probable
90	90	causative agent of AIDS, regardless of whether the test or medical
91	91	procedure is related to the primary diagnosis of the health
92	92	condition, accident, or sickness for which the enrollee seeks
93	93	medical or surgical treatment.
94	94	Sec. 1364.155. RULES. The commissioner may adopt rules
95	95	necessary to implement this subchapter.
96	96	SECTION 5. The heading to Section 1507.004, Insurance Code,
97	97	is amended to read as follows:
98	98	Sec. 1507.004. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
99	99	MINIMUM REQUIREMENTS [REQUIREMENT].
100	100	SECTION 6. Section 1507.004, Insurance Code, is amended by
101	101	adding Subsections (c) and (d) to read as follows:
102	102	(c) Any standard health benefit plan must include coverage
103	103	for tests or procedures to determine HIV infection, antibodies to
104	104	HIV, or infection with any other probable causative agent of AIDS as
105	105	required by Subchapter D, Chapter 1364.
106	106	(d) Subsection (c) does not apply to a qualified health plan
107	107	defined by 45 C.F.R. Section 155.20 if a determination is made under
108	108	45 C.F.R. Section 155.170 that:
109	109	(1) Subsection (c) requires the plan to offer benefits
110	110	in addition to the essential health benefits required under 42
111	111	U.S.C. Section 18022(b); and
112	112	(2) this state must make payments to defray the cost of
113	113	the additional benefits mandated by Subsection (c).
114	114	SECTION 7. Section 1507.054, Insurance Code, is amended to
115	115	read as follows:
116	116	Sec. 1507.054. STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
117	117	MINIMUM REQUIREMENTS. (a) A health maintenance organization
118	118	authorized to issue an evidence of coverage in this state may offer
119	119	one or more standard health benefit plans.
120	120	(b) Any standard health benefit plan must include coverage
121	121	for tests or procedures to determine HIV infection, antibodies to
122	122	HIV, or infection with any other probable causative agent of AIDS as
123	123	required by Subchapter D, Chapter 1364.
124	124	(c) Subsection (b) does not apply to a qualified health plan
125	125	defined by 45 C.F.R. Section 155.20 if a determination is made under
126	126	45 C.F.R. Section 155.170 that:
127	127	(1) Subsection (b) requires the plan to offer benefits
128	128	in addition to the essential health benefits required under 42
129	129	U.S.C. Section 18022(b); and
130	130	(2) this state must make payments to defray the cost of
131	131	the additional benefits mandated by Subsection (b).
132	132	SECTION 8. If before implementing the change in law made by
133	133	Section 32.024(ee), Human Resources Code, as added by this Act, a
134	134	state agency determines that a waiver or authorization from a
135	135	federal agency is necessary for implementation of that change in
136	136	law, the agency affected by the change in law shall request the
137	137	waiver or authorization and may delay implementing that change in
138	138	law until the waiver or authorization is granted.
139	139	SECTION 9. Subchapter D, Chapter 1364, Insurance Code, as
140	140	added by this Act, and Sections 1507.004 and 1507.054, Insurance
141	141	Code, as amended by this Act, apply only to a health benefit plan
142	142	that is delivered, issued for delivery, or renewed on or after
143	143	January 1, 2022. A health benefit plan that is delivered, issued
144	144	for delivery, or renewed before January 1, 2022, is covered by the
145	145	law in effect at the time the health benefit plan was delivered,
146	146	issued for delivery, or renewed, and that law is continued in effect
147	147	for that purpose.
148	148	SECTION 10. (a) The executive commissioner of the Health
149	149	and Human Services Commission shall adopt the rules required by
150	150	Section 85.0815, Health and Safety Code, as added by this Act, and
151	151	Section 32.024(ee), Human Resources Code, as added by this Act, not
152	152	later than January 1, 2022.
153	153	(b) Notwithstanding Section 85.0815, Health and Safety
154	154	Code, as added by this Act, a health care provider is not required
155	155	to comply with that section until January 1, 2022.
156	156	SECTION 11. This Act takes effect September 1, 2021.