By: Howard H.B. No. 835
A BILL TO BE ENTITLED
AN ACT
relating to covered benefits under the child health plan.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.151, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsections (g) and
(h) to read as follows:
(c) In modifying the plan, the executive commissioner,
except as provided by Subsection (g), shall ensure that primary and
preventive health benefits do not include reproductive services,
other than prenatal care and care related to diseases, illnesses,
or abnormalities related to the reproductive system.
(g) Subject to Subsection (h), the child health plan must
provide as covered benefits prescription contraceptive drugs,
supplies, or devices approved by the United States Food and Drug
Administration. The child health plan may not provide coverage for
abortifacients or any other drug or device that terminates a
pregnancy.
(h) The child health plan may provide as covered benefits
prescription contraceptive drugs, supplies, or devices for an
enrolled child younger than 18 years of age for the purpose of
primary and preventive reproductive health care only if the
prescribing or dispensing health care provider receives written
consent from the enrolled child's parent, guardian, or managing
conservator, or from the enrolled child or other adult if
authorized under Sections 32.001 or 32.003, Family Code, for the
prescription or dispensing of the contraceptive drug, supply, or
device.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.