Texas 2021 - 87th Regular

Texas Senate Bill SB1141 Compare Versions

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11 87R3326 RDS-F
22 By: Zaffirini S.B. No. 1141
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to group health benefit plan coverage for early treatment
88 of first episode psychosis.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 1355.001, Insurance Code, is amended by
1111 adding Subdivision (5) to read as follows:
1212 (5) "First episode psychosis" means the initial onset
1313 of psychosis or symptoms associated with psychosis, caused by:
1414 (A) medical or neurological conditions;
1515 (B) serious mental illness; or
1616 (C) substance use.
1717 SECTION 2. Subchapter A, Chapter 1355, Insurance Code, is
1818 amended by adding Section 1355.016 to read as follows:
1919 Sec. 1355.016. REQUIRED COVERAGE FOR EARLY TREATMENT OF
2020 FIRST EPISODE PSYCHOSIS. (a) A group health benefit plan must
2121 provide coverage, based on medical necessity, as provided by this
2222 section to an individual who is younger than 26 years of age and who
2323 is diagnosed with first episode psychosis.
2424 (b) The group health benefit plan must provide coverage
2525 under this section to the enrollee for all generally recognized
2626 services prescribed in relation to first episode psychosis.
2727 (c) For purposes of Subsection (b), "generally recognized
2828 services" include:
2929 (1) coordinated specialty care for first episode
3030 psychosis treatment, covering each element of the treatment model
3131 included in the Recovery After an Initial Schizophrenia Episode
3232 (RAISE) early treatment program study conducted by the National
3333 Institute of Mental Health regarding treatment for psychosis, as
3434 completed July 2017, including:
3535 (A) psychotherapy;
3636 (B) medication management;
3737 (C) case management;
3838 (D) family education and support; and
3939 (E) education and employment support;
4040 (2) assertive community treatment as described by the
4141 Texas Health and Human Services Commission's Texas Resilience and
4242 Recovery Utilization Management Guidelines: Adult Mental Health
4343 Services, as updated in April 2017, or a more recently updated
4444 version adopted by the commissioner; and
4545 (3) peer support services, including:
4646 (A) recovery and wellness support;
4747 (B) mentoring; and
4848 (C) advocacy.
4949 (d) Only coordinated specialty care or assertive community
5050 treatment provided by a provider that adheres to the fidelity of the
5151 applicable treatment model and that has contracted with the Health
5252 and Human Services Commission to provide coordinated specialty care
5353 or assertive community treatment for first episode psychosis is
5454 required to be covered under this section.
5555 (e) If a group health benefit plan issuer credentials a
5656 psychiatrist or licensed clinical leader of a treatment team to
5757 provide generally recognized services for the treatment of first
5858 episode psychosis, all members of the treatment team serving under
5959 the credentialed psychiatrist or licensed clinical leader are
6060 considered to be credentialed by the health benefit plan issuer.
6161 (f) A group health benefit plan issuer shall reimburse a
6262 provider of coordinated specialty care or assertive community
6363 treatment for first episode psychosis based on a bundled payment
6464 model instead of providing reimbursement for each service provided
6565 to the enrollee by the member of a treatment team.
6666 (g) If requested by a group health benefit plan issuer on or
6767 after March 1, 2027, the department shall contract with an
6868 independent third party with expertise in analyzing health benefit
6969 plan premiums and costs to perform an independent analysis of the
7070 impact of requiring coverage of the team-based treatment models
7171 described by Subsection (c) on health benefit plan premiums.
7272 Notwithstanding Subsection (c), if the analysis finds that premiums
7373 increased annually by more than one percent solely due to requiring
7474 coverage of a specific treatment model, a group health benefit plan
7575 is not required to provide coverage under this section for that
7676 treatment model.
7777 SECTION 3. (a) As soon as practicable after the effective
7878 date of this Act, the Texas Department of Insurance shall convene
7979 and lead a work group that includes the Health and Human Services
8080 Commission, providers of generally recognized services described
8181 by Section 1355.016(c), Insurance Code, as added by this Act, and
8282 group health benefit plan issuers. The work group shall:
8383 (1) develop the criteria to be used to determine
8484 medical necessity for purposes of coverage under Section 1355.016,
8585 Insurance Code, as added by this Act; and
8686 (2) determine a coding solution that allows for
8787 coordinated specialty care and assertive community treatment to be
8888 coded and reimbursed as a bundle of services as required under
8989 Section 1355.016(f), Insurance Code, as added by this Act.
9090 (b) Not later than January 1, 2022, the work group shall
9191 make recommendations to the department based on its findings.
9292 (c) Not later than March 30, 2022, the department shall
9393 adopt rules:
9494 (1) establishing the criteria to be used to determine
9595 medical necessity under Section 1355.016(a), Insurance Code, as
9696 added by this Act;
9797 (2) creating a coding solution that allows for
9898 reimbursement based on a bundled payment model for coordinated
9999 specialty care and assertive community treatment as required by
100100 Section 1355.016(f), Insurance Code, as added by this Act; and
101101 (3) otherwise necessary to implement Section
102102 1355.016, Insurance Code, as added by this Act.
103103 SECTION 4. Section 1355.016, Insurance Code, as added by
104104 this Act, applies only to a health benefit plan that is delivered,
105105 issued for delivery, or renewed on or after March 30, 2022. A
106106 health benefit plan delivered, issued for delivery, or renewed
107107 before March 30, 2022, is governed by the law as it existed
108108 immediately before that date, and that law is continued in effect
109109 for that purpose.
110110 SECTION 5. This Act takes effect September 1, 2021.