1 | 1 | | 89R6208 SCR-D |
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2 | 2 | | By: Bhojani H.B. No. 3124 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to health benefit plan coverage of certain physical |
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10 | 10 | | therapy services and the practice of physical therapy. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subtitle E, Title 8, Insurance Code, is amended |
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13 | 13 | | by adding Chapter 1381 to read as follows: |
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14 | 14 | | CHAPTER 1381. PHYSICAL THERAPY COVERAGE |
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15 | 15 | | Sec. 1381.001. DEFINITION. In this chapter, "physical |
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16 | 16 | | therapy" has the meaning assigned by Section 453.001, Occupations |
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17 | 17 | | Code. |
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18 | 18 | | Sec. 1381.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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19 | 19 | | applies only to a health benefit plan that provides benefits for |
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20 | 20 | | medical or surgical expenses incurred as a result of a health |
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21 | 21 | | condition, accident, or sickness, including an individual, group, |
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22 | 22 | | blanket, or franchise insurance policy or insurance agreement, a |
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23 | 23 | | group hospital service contract, or an individual or group evidence |
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24 | 24 | | of coverage or similar coverage document that is issued by: |
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25 | 25 | | (1) an insurance company; |
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26 | 26 | | (2) a group hospital service corporation operating |
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27 | 27 | | under Chapter 842; |
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28 | 28 | | (3) a health maintenance organization operating under |
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29 | 29 | | Chapter 843; |
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30 | 30 | | (4) an approved nonprofit health corporation that |
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31 | 31 | | holds a certificate of authority under Chapter 844; |
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32 | 32 | | (5) a multiple employer welfare arrangement that holds |
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33 | 33 | | a certificate of authority under Chapter 846; |
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34 | 34 | | (6) a stipulated premium company operating under |
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35 | 35 | | Chapter 884; |
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36 | 36 | | (7) a fraternal benefit society operating under |
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37 | 37 | | Chapter 885; |
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38 | 38 | | (8) a Lloyd's plan operating under Chapter 941; or |
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39 | 39 | | (9) an exchange operating under Chapter 942. |
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40 | 40 | | (b) Notwithstanding any other law, this chapter applies to: |
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41 | 41 | | (1) a small employer health benefit plan subject to |
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42 | 42 | | Chapter 1501, including coverage provided through a health group |
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43 | 43 | | cooperative under Subchapter B of that chapter; |
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44 | 44 | | (2) a standard health benefit plan issued under |
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45 | 45 | | Chapter 1507; |
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46 | 46 | | (3) a basic coverage plan under Chapter 1551; |
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47 | 47 | | (4) a basic plan under Chapter 1575; |
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48 | 48 | | (5) a primary care coverage plan under Chapter 1579; |
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49 | 49 | | (6) a plan providing basic coverage under Chapter |
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50 | 50 | | 1601; |
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51 | 51 | | (7) nonprofit agricultural organization health |
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52 | 52 | | benefits offered by a nonprofit agricultural organization under |
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53 | 53 | | Chapter 1682; |
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54 | 54 | | (8) alternative health benefit coverage offered by a |
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55 | 55 | | subsidiary of the Texas Mutual Insurance Company under Subchapter |
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56 | 56 | | M, Chapter 2054; |
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57 | 57 | | (9) health benefits provided by or through a church |
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58 | 58 | | benefits board under Subchapter I, Chapter 22, Business |
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59 | 59 | | Organizations Code; |
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60 | 60 | | (10) group health coverage made available by a school |
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61 | 61 | | district in accordance with Section 22.004, Education Code; |
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62 | 62 | | (11) the state Medicaid program, including the |
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63 | 63 | | Medicaid managed care program operated under Chapter 540, |
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64 | 64 | | Government Code; |
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65 | 65 | | (12) the child health plan program under Chapter 62, |
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66 | 66 | | Health and Safety Code; |
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67 | 67 | | (13) a regional or local health care program operated |
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68 | 68 | | under Section 75.104, Health and Safety Code; |
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69 | 69 | | (14) a self-funded health benefit plan sponsored by a |
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70 | 70 | | professional employer organization under Chapter 91, Labor Code; |
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71 | 71 | | (15) county employee group health benefits provided |
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72 | 72 | | under Chapter 157, Local Government Code; and |
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73 | 73 | | (16) health and accident coverage provided by a risk |
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74 | 74 | | pool created under Chapter 172, Local Government Code. |
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75 | 75 | | Sec. 1381.003. COVERAGE REQUIRED. (a) A health benefit |
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76 | 76 | | plan that provides coverage for inpatient physical therapy must |
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77 | 77 | | provide coverage for services that are medically necessary to: |
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78 | 78 | | (1) maintain existing physical function or restore, |
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79 | 79 | | prevent the loss of, or slow the decline of physical function; or |
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80 | 80 | | (2) reduce secondary health risks resulting from |
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81 | 81 | | physical dysfunction. |
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82 | 82 | | (b) A health benefit plan issuer may not deny coverage |
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83 | 83 | | required by Subsection (a) on the basis that the service is not |
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84 | 84 | | expected to produce an improvement in the physical function of the |
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85 | 85 | | patient, including a patient recovering from a stroke or similar |
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86 | 86 | | neurological condition. |
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87 | 87 | | SECTION 2. Section 453.001(6), Occupations Code, is amended |
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88 | 88 | | to read as follows: |
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89 | 89 | | (6) "Physical therapy" means a form of health care |
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90 | 90 | | that maintains existing physical function or prevents, identifies, |
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91 | 91 | | corrects, [or] alleviates, or slows the progress of acute or |
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92 | 92 | | prolonged movement dysfunction or pain of anatomic or physiologic |
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93 | 93 | | origin. |
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94 | 94 | | SECTION 3. Section 453.005(b), Occupations Code, is amended |
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95 | 95 | | to read as follows: |
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96 | 96 | | (b) The practice of physical therapy includes: |
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97 | 97 | | (1) measurement or testing of the function of the |
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98 | 98 | | musculoskeletal, neurological, pulmonary, or cardiovascular |
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99 | 99 | | system; |
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100 | 100 | | (2) rehabilitative treatment concerned with restoring |
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101 | 101 | | function, maintaining existing function, or preventing or slowing |
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102 | 102 | | the progress of disability caused by illness, injury, or birth |
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103 | 103 | | defect; |
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104 | 104 | | (3) treatment, consultative, educational, or advisory |
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105 | 105 | | services to reduce the incidence or severity of disability or pain |
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106 | 106 | | to enable, train, or retrain a person to perform the independent |
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107 | 107 | | skills and activities of daily living; and |
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108 | 108 | | (4) delegation of selective forms of treatment to |
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109 | 109 | | support personnel while a physical therapist retains the |
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110 | 110 | | responsibility for caring for the patient and directing and |
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111 | 111 | | supervising the support personnel. |
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112 | 112 | | SECTION 4. Chapter 1381, Insurance Code, as added by this |
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113 | 113 | | Act, applies only to a health benefit plan that is delivered, issued |
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114 | 114 | | for delivery, or renewed on or after January 1, 2026. |
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115 | 115 | | SECTION 5. Chapter 453, Occupations Code, as amended by |
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116 | 116 | | this Act, applies only to conduct that occurs on or after the |
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117 | 117 | | effective date of this Act. Conduct that occurs before the |
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118 | 118 | | effective date of this Act is governed by the law in effect on the |
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119 | 119 | | date the conduct occurred, and the former law is continued in effect |
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120 | 120 | | for that purpose. |
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121 | 121 | | SECTION 6. This Act takes effect September 1, 2025. |
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