By: Jones of Harris H.B. No. 3077
A BILL TO BE ENTITLED
AN ACT
relating to coverage for certain services relating to postpartum
depression under the Medicaid and CHIP perinatal programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 62, Health and Safety Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. CHIP PERINATAL PROGRAM
Sec. 62.201. DEFINITION. In this subchapter, "postpartum
depression" means a disorder with postpartum onset that is
categorized as a mood disorder by the American Psychiatric
Association in the Diagnostic and Statistical Manual of Mental
Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
rule by the executive commissioner.
Sec. 62.202. COVERAGE FOR POSTPARTUM DEPRESSION SCREENING
AND TREATMENT. (a) The covered services under the CHIP perinatal
program must include, for each woman who gives birth to a child who
is enrolled in the CHIP perinatal program before birth, screening
and treatment for postpartum depression for the 12-month period
after the date the woman gives birth to the child or experiences a
miscarriage.
(b) The coverage for postpartum depression provided under
Subsection (a):
(1) must provide mental health services to a woman
regardless of whether the woman has been found to be a danger to
herself or others; and
(2) may not place an arbitrary or artificial limit on
the amount of services that may be provided.
(c) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. Section 32.024(l-1), Human Resources Code, is
amended to read as follows:
(l-1) The commission shall continue to provide medical
assistance to a woman who is eligible for medical assistance for
pregnant women for a period of not less than 12 [six] months
following the date the woman gives birth or experiences a
miscarriage [delivers or experiences an involuntary miscarriage].
SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02491 to read as follows:
Sec. 32.02491. SCREENING AND TREATMENT SERVICES FOR
POSTPARTUM DEPRESSION. (a) For purposes of this section,
"postpartum depression" has the meaning assigned by Section 62.201,
Health and Safety Code.
(b) The commission shall provide a woman who receives
medical assistance benefits during a pregnancy screening and
treatment for postpartum depression for the 12-month period after
the date the woman gives birth or experiences a miscarriage.
(c) The commission shall provide mental health services to a
woman under Subsection (b) regardless of whether the woman has been
found to be a danger to herself or others.
(d) The commission may not place an arbitrary or artificial
limit on the amount of services that may be provided under
Subsection (b).
(e) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall develop and seek a waiver or other
appropriate authorization from the Centers for Medicare and
Medicaid Services to extend the number of postpartum visits a woman
may receive under the CHIP perinatal program in order to implement
Section 62.202, Health and Safety Code, as added by this Act.
SECTION 5. If before implementing any provision of this Act
a state agency determines that an additional waiver or additional
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 6. This Act takes effect September 1, 2023.