Texas 2025 - 89th Regular

Texas House Bill HB3124 Compare Versions

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11 89R6208 SCR-D
22 By: Bhojani H.B. No. 3124
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to health benefit plan coverage of certain physical
1010 therapy services and the practice of physical therapy.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle E, Title 8, Insurance Code, is amended
1313 by adding Chapter 1381 to read as follows:
1414 CHAPTER 1381. PHYSICAL THERAPY COVERAGE
1515 Sec. 1381.001. DEFINITION. In this chapter, "physical
1616 therapy" has the meaning assigned by Section 453.001, Occupations
1717 Code.
1818 Sec. 1381.002. APPLICABILITY OF CHAPTER. (a) This chapter
1919 applies only to a health benefit plan that provides benefits for
2020 medical or surgical expenses incurred as a result of a health
2121 condition, accident, or sickness, including an individual, group,
2222 blanket, or franchise insurance policy or insurance agreement, a
2323 group hospital service contract, or an individual or group evidence
2424 of coverage or similar coverage document that is issued by:
2525 (1) an insurance company;
2626 (2) a group hospital service corporation operating
2727 under Chapter 842;
2828 (3) a health maintenance organization operating under
2929 Chapter 843;
3030 (4) an approved nonprofit health corporation that
3131 holds a certificate of authority under Chapter 844;
3232 (5) a multiple employer welfare arrangement that holds
3333 a certificate of authority under Chapter 846;
3434 (6) a stipulated premium company operating under
3535 Chapter 884;
3636 (7) a fraternal benefit society operating under
3737 Chapter 885;
3838 (8) a Lloyd's plan operating under Chapter 941; or
3939 (9) an exchange operating under Chapter 942.
4040 (b) Notwithstanding any other law, this chapter applies to:
4141 (1) a small employer health benefit plan subject to
4242 Chapter 1501, including coverage provided through a health group
4343 cooperative under Subchapter B of that chapter;
4444 (2) a standard health benefit plan issued under
4545 Chapter 1507;
4646 (3) a basic coverage plan under Chapter 1551;
4747 (4) a basic plan under Chapter 1575;
4848 (5) a primary care coverage plan under Chapter 1579;
4949 (6) a plan providing basic coverage under Chapter
5050 1601;
5151 (7) nonprofit agricultural organization health
5252 benefits offered by a nonprofit agricultural organization under
5353 Chapter 1682;
5454 (8) alternative health benefit coverage offered by a
5555 subsidiary of the Texas Mutual Insurance Company under Subchapter
5656 M, Chapter 2054;
5757 (9) health benefits provided by or through a church
5858 benefits board under Subchapter I, Chapter 22, Business
5959 Organizations Code;
6060 (10) group health coverage made available by a school
6161 district in accordance with Section 22.004, Education Code;
6262 (11) the state Medicaid program, including the
6363 Medicaid managed care program operated under Chapter 540,
6464 Government Code;
6565 (12) the child health plan program under Chapter 62,
6666 Health and Safety Code;
6767 (13) a regional or local health care program operated
6868 under Section 75.104, Health and Safety Code;
6969 (14) a self-funded health benefit plan sponsored by a
7070 professional employer organization under Chapter 91, Labor Code;
7171 (15) county employee group health benefits provided
7272 under Chapter 157, Local Government Code; and
7373 (16) health and accident coverage provided by a risk
7474 pool created under Chapter 172, Local Government Code.
7575 Sec. 1381.003. COVERAGE REQUIRED. (a) A health benefit
7676 plan that provides coverage for inpatient physical therapy must
7777 provide coverage for services that are medically necessary to:
7878 (1) maintain existing physical function or restore,
7979 prevent the loss of, or slow the decline of physical function; or
8080 (2) reduce secondary health risks resulting from
8181 physical dysfunction.
8282 (b) A health benefit plan issuer may not deny coverage
8383 required by Subsection (a) on the basis that the service is not
8484 expected to produce an improvement in the physical function of the
8585 patient, including a patient recovering from a stroke or similar
8686 neurological condition.
8787 SECTION 2. Section 453.001(6), Occupations Code, is amended
8888 to read as follows:
8989 (6) "Physical therapy" means a form of health care
9090 that maintains existing physical function or prevents, identifies,
9191 corrects, [or] alleviates, or slows the progress of acute or
9292 prolonged movement dysfunction or pain of anatomic or physiologic
9393 origin.
9494 SECTION 3. Section 453.005(b), Occupations Code, is amended
9595 to read as follows:
9696 (b) The practice of physical therapy includes:
9797 (1) measurement or testing of the function of the
9898 musculoskeletal, neurological, pulmonary, or cardiovascular
9999 system;
100100 (2) rehabilitative treatment concerned with restoring
101101 function, maintaining existing function, or preventing or slowing
102102 the progress of disability caused by illness, injury, or birth
103103 defect;
104104 (3) treatment, consultative, educational, or advisory
105105 services to reduce the incidence or severity of disability or pain
106106 to enable, train, or retrain a person to perform the independent
107107 skills and activities of daily living; and
108108 (4) delegation of selective forms of treatment to
109109 support personnel while a physical therapist retains the
110110 responsibility for caring for the patient and directing and
111111 supervising the support personnel.
112112 SECTION 4. Chapter 1381, Insurance Code, as added by this
113113 Act, applies only to a health benefit plan that is delivered, issued
114114 for delivery, or renewed on or after January 1, 2026.
115115 SECTION 5. Chapter 453, Occupations Code, as amended by
116116 this Act, applies only to conduct that occurs on or after the
117117 effective date of this Act. Conduct that occurs before the
118118 effective date of this Act is governed by the law in effect on the
119119 date the conduct occurred, and the former law is continued in effect
120120 for that purpose.
121121 SECTION 6. This Act takes effect September 1, 2025.