Texas 2023 - 88th Regular

Texas House Bill HB3460 Compare Versions

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11 88R9541 KBB-D
22 By: Price, Paul, Johnson of Dallas, Plesa, H.B. No. 3460
33 Harris of Williamson, et al.
44
55
66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to coverage for mental health conditions and substance use
99 disorders under certain governmental health benefit plans.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 1355.002(b), Insurance Code, is amended
1212 to read as follows:
1313 (b) Except as otherwise provided by this subchapter, but
1414 notwithstanding [Notwithstanding any provision in Chapter 1575 or
1515 1579 or] any other law, this subchapter [Section 1355.015] applies
1616 to:
1717 (1) a basic coverage plan under Chapter 1551;
1818 (2) a basic plan under Chapter 1575; [and]
1919 (3) [(2)] a primary care coverage plan under Chapter
2020 1579; and
2121 (4) a plan providing basic coverage under Chapter
2222 1601.
2323 SECTION 2. Section 1355.003(a), Insurance Code, is amended
2424 to read as follows:
2525 (a) This subchapter does not apply to coverage under:
2626 (1) a blanket accident and health insurance policy, as
2727 described by Chapter 1251;
2828 (2) a short-term travel policy;
2929 (3) an accident-only policy;
3030 (4) a limited or specified-disease policy that does
3131 not provide benefits for mental health care or similar services;
3232 (5) [except as provided by Subsection (b), a plan
3333 offered under Chapter 1551 or Chapter 1601;
3434 [(6)] a plan offered in accordance with Section
3535 1355.151; or
3636 (6) [(7)] a Medicare supplement benefit plan, as
3737 defined by Section 1652.002.
3838 SECTION 3. Section 1355.015(e), Insurance Code, is amended
3939 to read as follows:
4040 (e) Notwithstanding any other law, this section does not
4141 apply to:
4242 (1) a standard health benefit plan provided under
4343 Chapter 1507;
4444 (2) a basic coverage plan under Chapter 1551; or
4545 (3) a plan providing basic coverage under Chapter
4646 1601.
4747 SECTION 4. Section 1355.252, Insurance Code, is amended by
4848 adding Subsection (d) to read as follows:
4949 (d) Notwithstanding any other law, this subchapter applies
5050 to:
5151 (1) a basic coverage plan under Chapter 1551;
5252 (2) a basic plan under Chapter 1575;
5353 (3) a primary care coverage plan under Chapter 1579;
5454 and
5555 (4) a plan providing basic coverage under Chapter
5656 1601.
5757 SECTION 5. Section 1355.255, Insurance Code, is amended to
5858 read as follows:
5959 Sec. 1355.255. COMPLIANCE. (a) Except as provided by
6060 Subsection (b), the [The] commissioner shall enforce compliance
6161 with Section 1355.254 by evaluating the benefits and coverage
6262 offered by a health benefit plan for quantitative and
6363 nonquantitative treatment limitations in the following categories:
6464 (1) in-network and out-of-network inpatient care;
6565 (2) in-network and out-of-network outpatient care;
6666 (3) emergency care; and
6767 (4) prescription drugs.
6868 (b) With respect to a plan described by Section 1355.252(d),
6969 the applicable trustee, board of trustees, or system shall enforce
7070 compliance with Section 1355.254 by evaluating the benefits and
7171 coverage offered by a health benefit plan for quantitative and
7272 nonquantitative treatment limitations in the following categories:
7373 (1) in-network and out-of-network inpatient care;
7474 (2) in-network and out-of-network outpatient care;
7575 (3) emergency care; and
7676 (4) prescription drugs.
7777 SECTION 6. Section 1355.003(b), Insurance Code, is
7878 repealed.
7979 SECTION 7. The changes in law made by this Act apply only to
8080 a plan year that commences on or after January 1, 2024. A plan year
8181 that commenced before January 1, 2024, is governed by the law as it
8282 existed immediately before the effective date of this Act, and that
8383 law is continued in effect for that purpose.
8484 SECTION 8. This Act takes effect September 1, 2023.