1 | 1 | | 88R9541 KBB-D |
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2 | 2 | | By: Price, Paul, Johnson of Dallas, Plesa, H.B. No. 3460 |
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3 | 3 | | Harris of Williamson, et al. |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to coverage for mental health conditions and substance use |
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9 | 9 | | disorders under certain governmental health benefit plans. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 1355.002(b), Insurance Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (b) Except as otherwise provided by this subchapter, but |
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14 | 14 | | notwithstanding [Notwithstanding any provision in Chapter 1575 or |
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15 | 15 | | 1579 or] any other law, this subchapter [Section 1355.015] applies |
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16 | 16 | | to: |
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17 | 17 | | (1) a basic coverage plan under Chapter 1551; |
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18 | 18 | | (2) a basic plan under Chapter 1575; [and] |
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19 | 19 | | (3) [(2)] a primary care coverage plan under Chapter |
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20 | 20 | | 1579; and |
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21 | 21 | | (4) a plan providing basic coverage under Chapter |
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22 | 22 | | 1601. |
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23 | 23 | | SECTION 2. Section 1355.003(a), Insurance Code, is amended |
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24 | 24 | | to read as follows: |
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25 | 25 | | (a) This subchapter does not apply to coverage under: |
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26 | 26 | | (1) a blanket accident and health insurance policy, as |
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27 | 27 | | described by Chapter 1251; |
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28 | 28 | | (2) a short-term travel policy; |
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29 | 29 | | (3) an accident-only policy; |
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30 | 30 | | (4) a limited or specified-disease policy that does |
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31 | 31 | | not provide benefits for mental health care or similar services; |
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32 | 32 | | (5) [except as provided by Subsection (b), a plan |
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33 | 33 | | offered under Chapter 1551 or Chapter 1601; |
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34 | 34 | | [(6)] a plan offered in accordance with Section |
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35 | 35 | | 1355.151; or |
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36 | 36 | | (6) [(7)] a Medicare supplement benefit plan, as |
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37 | 37 | | defined by Section 1652.002. |
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38 | 38 | | SECTION 3. Section 1355.015(e), Insurance Code, is amended |
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39 | 39 | | to read as follows: |
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40 | 40 | | (e) Notwithstanding any other law, this section does not |
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41 | 41 | | apply to: |
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42 | 42 | | (1) a standard health benefit plan provided under |
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43 | 43 | | Chapter 1507; |
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44 | 44 | | (2) a basic coverage plan under Chapter 1551; or |
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45 | 45 | | (3) a plan providing basic coverage under Chapter |
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46 | 46 | | 1601. |
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47 | 47 | | SECTION 4. Section 1355.252, Insurance Code, is amended by |
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48 | 48 | | adding Subsection (d) to read as follows: |
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49 | 49 | | (d) Notwithstanding any other law, this subchapter applies |
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50 | 50 | | to: |
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51 | 51 | | (1) a basic coverage plan under Chapter 1551; |
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52 | 52 | | (2) a basic plan under Chapter 1575; |
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53 | 53 | | (3) a primary care coverage plan under Chapter 1579; |
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54 | 54 | | and |
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55 | 55 | | (4) a plan providing basic coverage under Chapter |
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56 | 56 | | 1601. |
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57 | 57 | | SECTION 5. Section 1355.255, Insurance Code, is amended to |
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58 | 58 | | read as follows: |
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59 | 59 | | Sec. 1355.255. COMPLIANCE. (a) Except as provided by |
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60 | 60 | | Subsection (b), the [The] commissioner shall enforce compliance |
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61 | 61 | | with Section 1355.254 by evaluating the benefits and coverage |
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62 | 62 | | offered by a health benefit plan for quantitative and |
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63 | 63 | | nonquantitative treatment limitations in the following categories: |
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64 | 64 | | (1) in-network and out-of-network inpatient care; |
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65 | 65 | | (2) in-network and out-of-network outpatient care; |
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66 | 66 | | (3) emergency care; and |
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67 | 67 | | (4) prescription drugs. |
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68 | 68 | | (b) With respect to a plan described by Section 1355.252(d), |
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69 | 69 | | the applicable trustee, board of trustees, or system shall enforce |
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70 | 70 | | compliance with Section 1355.254 by evaluating the benefits and |
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71 | 71 | | coverage offered by a health benefit plan for quantitative and |
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72 | 72 | | nonquantitative treatment limitations in the following categories: |
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73 | 73 | | (1) in-network and out-of-network inpatient care; |
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74 | 74 | | (2) in-network and out-of-network outpatient care; |
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75 | 75 | | (3) emergency care; and |
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76 | 76 | | (4) prescription drugs. |
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77 | 77 | | SECTION 6. Section 1355.003(b), Insurance Code, is |
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78 | 78 | | repealed. |
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79 | 79 | | SECTION 7. The changes in law made by this Act apply only to |
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80 | 80 | | a plan year that commences on or after January 1, 2024. A plan year |
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81 | 81 | | that commenced before January 1, 2024, is governed by the law as it |
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82 | 82 | | existed immediately before the effective date of this Act, and that |
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83 | 83 | | law is continued in effect for that purpose. |
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84 | 84 | | SECTION 8. This Act takes effect September 1, 2023. |
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