| 1 | 1 | | 88R1916 BDP-F |
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| 2 | 2 | | By: Eckhardt S.B. No. 407 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to covered benefits under the child health plan. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 62.151, Health and Safety Code, is |
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| 10 | 10 | | amended by amending Subsection (c) and adding Subsections (g) and |
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| 11 | 11 | | (h) to read as follows: |
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| 12 | 12 | | (c) In modifying the plan, the executive commissioner, |
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| 13 | 13 | | except as provided by Subsection (g), shall ensure that primary and |
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| 14 | 14 | | preventive health benefits do not include reproductive services, |
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| 15 | 15 | | other than prenatal care and care related to diseases, illnesses, |
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| 16 | 16 | | or abnormalities related to the reproductive system. |
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| 17 | 17 | | (g) Subject to Subsection (h), the child health plan must |
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| 18 | 18 | | provide coverage for prescription contraceptive drugs, supplies, |
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| 19 | 19 | | or devices approved by the United States Food and Drug |
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| 20 | 20 | | Administration. The child health plan may not provide coverage for |
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| 21 | 21 | | abortifacients or any other drug or device that terminates a |
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| 22 | 22 | | pregnancy. |
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| 23 | 23 | | (h) The child health plan may provide coverage for |
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| 24 | 24 | | prescription contraceptive drugs, supplies, or devices for an |
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| 25 | 25 | | enrolled child younger than 18 years of age for the purpose of |
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| 26 | 26 | | primary and preventive reproductive health care only if the |
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| 27 | 27 | | prescribing or dispensing health care provider receives written |
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| 28 | 28 | | consent from the enrolled child's parent, guardian, or managing |
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| 29 | 29 | | conservator, from another adult if authorized under Section 32.001, |
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| 30 | 30 | | Family Code, or from the enrolled child if authorized under Section |
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| 31 | 31 | | 32.003, Family Code, for the prescription or dispensing of the |
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| 32 | 32 | | contraceptive drug, supply, or device. |
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| 33 | 33 | | SECTION 2. If before implementing any provision of this Act |
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| 34 | 34 | | a state agency determines that a waiver or authorization from a |
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| 35 | 35 | | federal agency is necessary for implementation of that provision, |
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| 36 | 36 | | the agency affected by the provision shall request the waiver or |
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| 37 | 37 | | authorization and may delay implementing that provision until the |
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| 38 | 38 | | waiver or authorization is granted. |
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| 39 | 39 | | SECTION 3. This Act takes effect immediately if it receives |
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| 40 | 40 | | a vote of two-thirds of all the members elected to each house, as |
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| 41 | 41 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 42 | 42 | | Act does not receive the vote necessary for immediate effect, this |
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| 43 | 43 | | Act takes effect September 1, 2023. |
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