Texas 2023 - 88th Regular

Texas House Bill HB5205 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	88R3546 KKR-D
2	2	By: Neave Criado H.B. No. 5205
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to coverage for certain services relating to postpartum
8	8	depression under the Medicaid and CHIP perinatal programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 62, Health and Safety Code, is amended by
11	11	adding Subchapter E to read as follows:
12	12	SUBCHAPTER E. CHIP PERINATAL PROGRAM
13	13	Sec. 62.201. DEFINITION. In this subchapter, "postpartum
14	14	depression" means a disorder with postpartum onset that is
15	15	categorized as a mood disorder by the American Psychiatric
16	16	Association in the Diagnostic and Statistical Manual of Mental
17	17	Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
18	18	rule by the executive commissioner.
19	19	Sec. 62.202. COVERAGE FOR POSTPARTUM DEPRESSION SCREENING
20	20	AND TREATMENT. (a) The covered services under the CHIP perinatal
21	21	program must include, for each woman who gives birth to a child who
22	22	is enrolled in the CHIP perinatal program before birth, screening
23	23	and treatment for postpartum depression for the 12-month period
24	24	after the date the woman gives birth to the child.
25	25	(b) The coverage for postpartum depression provided under
26	26	Subsection (a):
27	27	(1) must provide mental health services to a woman
28	28	regardless of whether the woman has been found to be a danger to
29	29	herself or others; and
30	30	(2) may not place an arbitrary or artificial limit on
31	31	the amount of services that may be provided.
32	32	(c) The executive commissioner shall adopt rules necessary
33	33	to implement this section.
34	34	SECTION 2. Section 32.024(l-1), Human Resources Code, is
35	35	amended to read as follows:
36	36	(l-1) The commission shall continue to provide medical
37	37	assistance to a woman who is eligible for medical assistance for
38	38	pregnant women for a period of not less than 12 [six] months
39	39	following the date the woman gives birth [delivers or experiences
40	40	an involuntary miscarriage].
41	41	SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
42	42	is amended by adding Section 32.02491 to read as follows:
43	43	Sec. 32.02491. SCREENING AND TREATMENT SERVICES FOR
44	44	POSTPARTUM DEPRESSION. (a) For purposes of this section,
45	45	"postpartum depression" has the meaning assigned by Section
46	46	62.201, Health and Safety Code.
47	47	(b) The commission shall provide a woman who receives
48	48	medical assistance benefits during a pregnancy screening and
49	49	treatment for postpartum depression for the 12-month period after
50	50	the date the woman gives birth.
51	51	(c) The commission shall provide mental health services to a
52	52	woman under Subsection (b) regardless of whether the woman has been
53	53	found to be a danger to herself or others.
54	54	(d) The commission may not place an arbitrary or artificial
55	55	limit on the amount of services that may be provided under
56	56	Subsection (b).
57	57	(e) The executive commissioner shall adopt rules necessary
58	58	to implement this section.
59	59	SECTION 4. As soon as practicable after the effective date
60	60	of this Act, the executive commissioner of the Health and Human
61	61	Services Commission shall develop and seek a waiver or other
62	62	appropriate authorization from the Centers for Medicare and
63	63	Medicaid Services to extend the number of postpartum visits a woman
64	64	may receive under the CHIP perinatal program in order to implement
65	65	Section 62.202, Health and Safety Code, as added by this Act.
66	66	SECTION 5. If before implementing any provision of this Act
67	67	a state agency determines that an additional waiver or additional
68	68	authorization from a federal agency is necessary for implementation
69	69	of that provision, the agency affected by the provision shall
70	70	request the waiver or authorization and may delay implementing that
71	71	provision until the waiver or authorization is granted.
72	72	SECTION 6. This Act takes effect September 1, 2023.