Texas 2023 - 88th Regular

Texas Senate Bill SB1029 Compare Versions

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Version 2 (New)

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1	1	By: Hall, et al. S.B. No. 1029
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to civil liability for, governmental health plan coverage
7	7	of, and public funding for gender modification procedures and
8	8	treatments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The legislature finds that:
11	11	(1) as evidenced by a 2018 video of a Vanderbilt
12	12	University Medical Center administrator who promoted gender
13	13	modification surgeries as financially beneficial and stated that
14	14	entire clinics are being financed by phalloplasties, the medical
15	15	community has knowledge that many so-called "gender affirming"
16	16	treatments are not in the best interest of the health of the patient
17	17	but rather are being promoted for the monetary gain the health care
18	18	facilities will receive from providing those treatments; and
19	19	(2) the medical community has a conflict of interest
20	20	in offering gender modification treatments and procedures because
21	21	those treatments and procedures create lifelong patients as a
22	22	result of required follow-up visits after those treatments and
23	23	procedures.
24	24	SECTION 2. Title 4, Civil Practice and Remedies Code, is
25	25	amended by adding Chapter 74B to read as follows:
26	26	CHAPTER 74B. LIABILITY FOR GENDER MODIFICATION PROCEDURES AND
27	27	TREATMENTS
28	28	Sec. 74B.001. DEFINITION. In this chapter, "gender
29	29	modification procedure or treatment" means a health care procedure
30	30	or treatment provided for the purpose of transitioning a patient's
31	31	biological sex, as determined by the patient's sex organs,
32	32	chromosomes, and endogenous profiles, or affirming the patient's
33	33	perception of the patient's sex if that perception is inconsistent
34	34	with the patient's sex. The term includes:
35	35	(1) a surgery that sterilizes the patient, including:
36	36	(A) castration;
37	37	(B) vasectomy;
38	38	(C) hysterectomy;
39	39	(D) oophorectomy;
40	40	(E) metoidioplasty;
41	41	(F) orchiectomy;
42	42	(G) penectomy;
43	43	(H) phalloplasty; and
44	44	(I) vaginoplasty;
45	45	(2) a mastectomy;
46	46	(3) the prescription, administration, or supply of any
47	47	of the following medications that induce transient or permanent
48	48	infertility:
49	49	(A) puberty-blocking medication to stop or delay
50	50	normal puberty;
51	51	(B) supraphysiologic doses of testosterone to
52	52	females; or
53	53	(C) supraphysiologic doses of estrogen to males;
54	54	and
55	55	(4) the removal of any otherwise healthy or
56	56	non-diseased body part or tissue.
57	57	Sec. 74B.002. CONFLICT OF LAWS. To the extent this chapter
58	58	conflicts with another law, this chapter prevails.
59	59	Sec. 74B.003. STRICT LIABILITY FOR HEALTH COVERAGE. A
60	60	health benefit plan issuer is strictly liable to a patient for the
61	61	patient's medical, mental health, and pharmaceutical costs,
62	62	including costs associated with reversing a gender modification
63	63	procedure or treatment, incurred for the life of the patient as a
64	64	result of a gender modification procedure or treatment covered by
65	65	the issuer's plan.
66	66	Sec. 74B.004. LIABILITY FOR PHYSICIAN OR HEALTH CARE
67	67	PROVIDER. A physician or health care provider who provides a gender
68	68	modification procedure or treatment to a patient is:
69	69	(1) liable to the patient for a malpractice claim in
70	70	the provision of the procedure or treatment; and
71	71	(2) strictly liable to the patient for the patient's
72	72	medical, mental health, and pharmaceutical costs, including costs
73	73	associated with reversing a gender modification procedure or
74	74	treatment, incurred for the life of the patient as a result of the
75	75	procedure or treatment.
76	76	Sec. 74B.005. EXCEPTIONS. Sections 74B.003 and 74B.004 do
77	77	not apply to the provision by a physician or health care provider,
78	78	with the consent of a child's parent or legal guardian, if
79	79	applicable, and the coverage by a health benefit plan of
80	80	appropriate and medically necessary gender modification procedures
81	81	or treatments to a patient who:
82	82	(1) is born with a medically verifiable genetic
83	83	disorder of sex development, including:
84	84	(A) 46,XX chromosomes with virilization;
85	85	(B) 46,XY chromosomes with undervirilization; or
86	86	(C) both ovarian and testicular tissue; or
87	87	(2) does not have the normal sex chromosome structure
88	88	for male or female as determined by a physician through genetic
89	89	testing.
90	90	SECTION 3. Subtitle F, Title 10, Government Code, is
91	91	amended by adding Chapter 2273A to read as follows:
92	92	CHAPTER 2273A. PROHIBITED USES OF PUBLIC MONEY
93	93	Sec. 2273A.001. DEFINITIONS. In this chapter:
94	94	(1) "Gender modification procedure or treatment" has
95	95	the meaning assigned by Section 74B.001, Civil Practice and
96	96	Remedies Code.
97	97	(2) "Governmental entity" means this state, a state
98	98	agency, or a political subdivision.
99	99	Sec. 2273A.002. USE FOR GENDER MODIFICATION PROCEDURE OR
100	100	TREATMENT. A governmental entity may not use or provide public
101	101	money for the provision or administration of a gender modification
102	102	procedure or treatment.
103	103	SECTION 4. Subtitle E, Title 8, Insurance Code, is amended
104	104	by adding Chapter 1372 to read as follows:
105	105	CHAPTER 1372. PROHIBITED COVERAGE OF GENDER MODIFICATION
106	106	PROCEDURES AND TREATMENTS
107	107	Sec. 1372.001. DEFINITION. In this chapter, "gender
108	108	modification procedure or treatment" has the meaning assigned by
109	109	Section 74B.001, Civil Practice and Remedies Code.
110	110	Sec. 1372.002. APPLICABILITY OF CHAPTER. Notwithstanding
111	111	any other law, this chapter applies only to:
112	112	(1) a basic coverage plan under Chapter 1551;
113	113	(2) a basic plan under Chapter 1575;
114	114	(3) a primary care coverage plan under Chapter 1579;
115	115	(4) a plan providing basic coverage under Chapter
116	116	1601;
117	117	(5) the state Medicaid program, including the Medicaid
118	118	managed care program operated under Chapter 533, Government Code;
119	119	and
120	120	(6) the child health plan program under Chapter 62,
121	121	Health and Safety Code.
122	122	Sec. 1372.003. PROHIBITED COVERAGE; EXCEPTION. (a) A
123	123	health benefit plan may not provide coverage for a gender
124	124	modification procedure or treatment.
125	125	(b) This section does not apply to the coverage by a health
126	126	benefit plan of appropriate and medically necessary gender
127	127	modification procedures or treatments to a patient who:
128	128	(1) is born with a medically verifiable genetic
129	129	disorder of sex development, including:
130	130	(A) 46,XX chromosomes with virilization;
131	131	(B) 46,XY chromosomes with undervirilization; or
132	132	(C) both ovarian and testicular tissue; or
133	133	(2) does not have the normal sex chromosome structure
134	134	for male or female as determined by a physician through genetic
135	135	testing.
136	136	SECTION 5. (a) Chapter 74B, Civil Practice and Remedies
137	137	Code, as added by this Act, applies only to a cause of action that
138	138	accrues on or after the effective date of this Act.
139	139	(b) The changes in law made by this Act apply only to a
140	140	health benefit plan delivered, issued for delivery, or renewed on
141	141	or after the effective date of this Act.
142	142	SECTION 6. This Act takes effect September 1, 2023.