1 | 1 | | 87R10088 MEW-D |
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2 | 2 | | By: Hinojosa S.B. No. 1329 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to health benefit plan coverage for speech therapy |
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8 | 8 | | services provided through telehealth services. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 1455.002, Insurance Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | Sec. 1455.002. APPLICABILITY OF CHAPTER. Except as |
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13 | 13 | | otherwise provided by this chapter, this [This] chapter applies |
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14 | 14 | | only to a health benefit plan that: |
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15 | 15 | | (1) provides benefits for medical or surgical expenses |
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16 | 16 | | incurred as a result of a health condition, accident, or sickness, |
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17 | 17 | | including: |
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18 | 18 | | (A) an individual, group, blanket, or franchise |
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19 | 19 | | insurance policy or insurance agreement, a group hospital service |
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20 | 20 | | contract, or an individual or group evidence of coverage that is |
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21 | 21 | | offered by: |
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22 | 22 | | (i) an insurance company; |
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23 | 23 | | (ii) a group hospital service corporation |
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24 | 24 | | operating under Chapter 842; |
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25 | 25 | | (iii) a fraternal benefit society operating |
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26 | 26 | | under Chapter 885; |
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27 | 27 | | (iv) a stipulated premium company operating |
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28 | 28 | | under Chapter 884; or |
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29 | 29 | | (v) a health maintenance organization |
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30 | 30 | | operating under Chapter 843; and |
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31 | 31 | | (B) to the extent permitted by the Employee |
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32 | 32 | | Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et |
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33 | 33 | | seq.), a health benefit plan that is offered by: |
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34 | 34 | | (i) a multiple employer welfare arrangement |
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35 | 35 | | as defined by Section 3 of that Act; or |
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36 | 36 | | (ii) another analogous benefit |
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37 | 37 | | arrangement; or |
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38 | 38 | | (2) is offered by an approved nonprofit health |
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39 | 39 | | corporation that holds a certificate of authority under Chapter |
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40 | 40 | | 844. |
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41 | 41 | | SECTION 2. Chapter 1455, Insurance Code, is amended by |
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42 | 42 | | adding Section 1455.0041 to read as follows: |
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43 | 43 | | Sec. 1455.0041. COVERAGE FOR SPEECH THERAPY TELEHEALTH |
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44 | 44 | | SERVICES. (a) This section applies to a health benefit plan |
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45 | 45 | | described by Section 1455.002. |
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46 | 46 | | (b) Notwithstanding any other law, this section applies to: |
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47 | 47 | | (1) a standard health benefit plan issued under |
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48 | 48 | | Chapter 1507; |
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49 | 49 | | (2) a basic coverage plan under Chapter 1551; |
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50 | 50 | | (3) a basic plan under Chapter 1575; |
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51 | 51 | | (4) a primary care coverage plan under Chapter 1579; |
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52 | 52 | | (5) a plan providing basic coverage under Chapter |
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53 | 53 | | 1601; |
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54 | 54 | | (6) group health coverage made available by a school |
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55 | 55 | | district in accordance with Section 22.004, Education Code; |
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56 | 56 | | (7) the state Medicaid program, including the Medicaid |
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57 | 57 | | managed care program operated under Chapter 533, Government Code; |
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58 | 58 | | and |
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59 | 59 | | (8) the child health plan program under Chapter 62, |
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60 | 60 | | Health and Safety Code. |
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61 | 61 | | (c) A health benefit plan that provides coverage for speech |
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62 | 62 | | therapy services must provide coverage for speech therapy services |
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63 | 63 | | provided through a telehealth service in the same manner as |
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64 | 64 | | coverage required under Section 1455.004. |
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65 | 65 | | (d) A health benefit plan must reimburse a preferred or |
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66 | 66 | | contracted health professional for providing speech therapy |
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67 | 67 | | services to a covered patient as a telehealth service on the same |
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68 | 68 | | basis and at least at the same rate that the issuer provides |
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69 | 69 | | reimbursement to that health professional for speech therapy |
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70 | 70 | | services in an in-person setting. |
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71 | 71 | | SECTION 3. The change in law made by this Act applies only |
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72 | 72 | | to a health benefit plan that is delivered, issued for delivery, or |
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73 | 73 | | renewed on or after January 1, 2022. A health benefit plan that is |
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74 | 74 | | delivered, issued for delivery, or renewed before January 1, 2022, |
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75 | 75 | | is governed by the law as it existed immediately before the |
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76 | 76 | | effective date of this Act, and that law is continued in effect for |
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77 | 77 | | that purpose. |
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78 | 78 | | SECTION 4. This Act takes effect September 1, 2021. |
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