1 | 1 | | H.B. No. 916 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to health benefit plan coverage of prescription |
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6 | 6 | | contraceptive drugs. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Section 1369.102, Insurance Code, is amended to |
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9 | 9 | | read as follows: |
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10 | 10 | | Sec. 1369.102. APPLICABILITY OF SUBCHAPTER. Except as |
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11 | 11 | | otherwise provided by this subchapter, this [This] subchapter |
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12 | 12 | | applies only to a health benefit plan, including a small employer |
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13 | 13 | | health benefit plan written under Chapter 1501, that provides |
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14 | 14 | | benefits for medical or surgical expenses incurred as a result of a |
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15 | 15 | | health condition, accident, or sickness, including an individual, |
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16 | 16 | | group, blanket, or franchise insurance policy or insurance |
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17 | 17 | | agreement, a group hospital service contract, or an individual or |
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18 | 18 | | group evidence of coverage or similar coverage document that is |
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19 | 19 | | offered by: |
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20 | 20 | | (1) an insurance company; |
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21 | 21 | | (2) a group hospital service corporation operating |
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22 | 22 | | under Chapter 842; |
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23 | 23 | | (3) a fraternal benefit society operating under |
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24 | 24 | | Chapter 885; |
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25 | 25 | | (4) a stipulated premium company operating under |
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26 | 26 | | Chapter 884; |
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27 | 27 | | (5) a reciprocal exchange operating under Chapter 942; |
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28 | 28 | | (6) a health maintenance organization operating under |
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29 | 29 | | Chapter 843; |
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30 | 30 | | (7) a multiple employer welfare arrangement that holds |
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31 | 31 | | a certificate of authority under Chapter 846; or |
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32 | 32 | | (8) an approved nonprofit health corporation that |
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33 | 33 | | holds a certificate of authority under Chapter 844. |
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34 | 34 | | SECTION 2. Subchapter C, Chapter 1369, Insurance Code, is |
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35 | 35 | | amended by adding Section 1369.1031 to read as follows: |
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36 | 36 | | Sec. 1369.1031. CERTAIN COVERAGE REQUIRED. (a) This |
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37 | 37 | | section applies to a health benefit plan described by Section |
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38 | 38 | | 1369.102. |
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39 | 39 | | (b) Notwithstanding any other law, this section applies to: |
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40 | 40 | | (1) a standard health benefit plan issued under |
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41 | 41 | | Chapter 1507; |
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42 | 42 | | (2) a basic coverage plan under Chapter 1551; |
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43 | 43 | | (3) a basic plan under Chapter 1575; |
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44 | 44 | | (4) a primary care coverage plan under Chapter 1579; |
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45 | 45 | | (5) a plan providing basic coverage under Chapter |
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46 | 46 | | 1601; |
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47 | 47 | | (6) group health coverage made available by a school |
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48 | 48 | | district in accordance with Section 22.004, Education Code; and |
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49 | 49 | | (7) the state Medicaid program, including the Medicaid |
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50 | 50 | | managed care program operated under Chapter 533, Government Code. |
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51 | 51 | | (c) A health benefit plan that provides benefits for a |
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52 | 52 | | prescription contraceptive drug must provide for an enrollee to |
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53 | 53 | | obtain up to: |
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54 | 54 | | (1) a three-month supply of the covered prescription |
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55 | 55 | | contraceptive drug at one time the first time the enrollee obtains |
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56 | 56 | | the drug; and |
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57 | 57 | | (2) a 12-month supply of the covered prescription |
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58 | 58 | | contraceptive drug at one time each subsequent time the enrollee |
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59 | 59 | | obtains the same drug, regardless of whether the enrollee was |
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60 | 60 | | enrolled in the health benefit plan the first time the enrollee |
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61 | 61 | | obtained the drug. |
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62 | 62 | | (d) An enrollee may obtain only one 12-month supply of a |
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63 | 63 | | covered prescription contraceptive drug during each 12-month |
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64 | 64 | | period. |
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65 | 65 | | SECTION 3. The change in law made by this Act applies only |
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66 | 66 | | to a health benefit plan that is delivered, issued for delivery, or |
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67 | 67 | | renewed on or after January 1, 2024. A health benefit plan that is |
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68 | 68 | | delivered, issued for delivery, or renewed before January 1, 2024, |
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69 | 69 | | is governed by the law as it existed immediately before the |
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70 | 70 | | effective date of this Act, and that law is continued in effect for |
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71 | 71 | | that purpose. |
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72 | 72 | | SECTION 4. This Act takes effect September 1, 2023. |
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73 | 73 | | ______________________________ ______________________________ |
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74 | 74 | | President of the Senate Speaker of the House |
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75 | 75 | | I certify that H.B. No. 916 was passed by the House on April |
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76 | 76 | | 18, 2023, by the following vote: Yeas 136, Nays 9, 1 present, not |
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77 | 77 | | voting; and that the House concurred in Senate amendments to H.B. |
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78 | 78 | | No. 916 on May 19, 2023, by the following vote: Yeas 137, Nays 3, 2 |
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79 | 79 | | present, not voting. |
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80 | 80 | | ______________________________ |
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81 | 81 | | Chief Clerk of the House |
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82 | 82 | | I certify that H.B. No. 916 was passed by the Senate, with |
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83 | 83 | | amendments, on May 17, 2023, by the following vote: Yeas 31, Nays |
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84 | 84 | | 0. |
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85 | 85 | | ______________________________ |
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86 | 86 | | Secretary of the Senate |
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87 | 87 | | APPROVED: __________________ |
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88 | 88 | | Date |
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89 | 89 | | __________________ |
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90 | 90 | | Governor |
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