1 | 1 | | 89R17290 TYPED |
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2 | 2 | | By: Parker S.B. No. 1955 |
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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 for cancer screening, |
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10 | 10 | | imaging, and genetic testing. |
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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 1373 to read as follows: |
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14 | 14 | | CHAPTER 1373. COVERAGE FOR CANCER SCREENING, IMAGING, AND GENETIC |
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15 | 15 | | TESTING |
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16 | 16 | | Sec. 1373.001. DEFINITION. In this chapter, "nationally |
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17 | 17 | | recognized clinical practice guidelines" means evidence-based |
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18 | 18 | | clinical practice guidelines that: |
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19 | 19 | | (1) establish a standard of care informed by a |
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20 | 20 | | systematic review of evidence and an assessment of the benefits and |
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21 | 21 | | costs of alternative care options; |
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22 | 22 | | (2) include recommendations intended to optimize |
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23 | 23 | | patient care; and |
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24 | 24 | | (3) are developed by an independent organization or |
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25 | 25 | | medical professional society that uses a transparent methodology |
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26 | 26 | | and reporting structure and is subject to a conflict of interest |
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27 | 27 | | policy. |
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28 | 28 | | Sec. 1373.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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29 | 29 | | applies only to a health benefit plan that provides benefits for |
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30 | 30 | | medical or surgical expenses incurred as a result of a health |
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31 | 31 | | condition, accident, or sickness, including an individual, group, |
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32 | 32 | | blanket, or franchise insurance policy or insurance agreement, a |
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33 | 33 | | group hospital service contract, or an individual or group contract |
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34 | 34 | | or similar coverage document that is issued by: |
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35 | 35 | | (1) an insurance company; |
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36 | 36 | | (2) a group hospital service corporation operating |
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37 | 37 | | under Chapter 842; |
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38 | 38 | | (3) a health maintenance organization operating under |
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39 | 39 | | Chapter 843; |
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40 | 40 | | (4) an approved nonprofit health corporation that |
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41 | 41 | | holds a certificate of authority under Chapter 844; |
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42 | 42 | | (5) a multiple employer welfare arrangement that holds |
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43 | 43 | | a certificate of authority under Chapter 846; |
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44 | 44 | | (6) a stipulated premium company operating under |
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45 | 45 | | Chapter 884; |
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46 | 46 | | (7) a fraternal benefit society operating under |
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47 | 47 | | Chapter 885; |
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48 | 48 | | (8) a Lloyd's plan operating under Chapter 941; or |
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49 | 49 | | (9) a reciprocal exchange operating under Chapter 942. |
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50 | 50 | | (b) Notwithstanding any other law, this chapter applies to: |
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51 | 51 | | (1) a small employer health benefit plan subject to |
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52 | 52 | | Chapter 1501, including coverage provided through a health group |
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53 | 53 | | cooperative under Subchapter B of that chapter; |
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54 | 54 | | (2) a standard health benefit plan issued under |
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55 | 55 | | Chapter 1507; |
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56 | 56 | | (3) a basic coverage plan under Chapter 1551; |
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57 | 57 | | (4) a basic plan under Chapter 1575; |
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58 | 58 | | (5) a primary care coverage plan under Chapter 1579; |
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59 | 59 | | and |
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60 | 60 | | (6) a plan providing basic coverage under Chapter |
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61 | 61 | | 1601. |
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62 | 62 | | Sec. 1373.003. COVERAGE FOR CANCER SCREENING AND IMAGING. |
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63 | 63 | | A health benefit plan must provide coverage for preventive cancer |
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64 | 64 | | screening and imaging for enrollees who have an increased risk of |
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65 | 65 | | developing cancer if the screening or imaging is: |
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66 | 66 | | (1) ordered by a health care provider; and |
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67 | 67 | | (2) supported by nationally recognized clinical |
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68 | 68 | | practice guidelines. |
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69 | 69 | | Sec. 1373.004. COVERAGE FOR GENETIC TESTING. A health |
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70 | 70 | | benefit plan must provide coverage for germline testing for an |
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71 | 71 | | inherited mutation associated with an increased risk of cancer. |
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72 | 72 | | if the testing is: |
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73 | 73 | | (1) ordered by a health care provider; and |
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74 | 74 | | (2) supported by nationally recognized clinical |
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75 | 75 | | practice guidelines. |
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76 | 76 | | Sec. 1373.005. COPAYMENT, DEDUCTIBLE, OR COINSURANCE |
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77 | 77 | | REQUIREMENT PROHIBITED. (a) Coverage required under this chapter |
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78 | 78 | | may not be made subject to a deductible, copayment, or coinsurance |
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79 | 79 | | requirement. |
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80 | 80 | | (b) Notwithstanding Subsection (a), if not subjecting an |
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81 | 81 | | enrollee to a deductible for genetic testing or cancer screening or |
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82 | 82 | | imaging under this chapter would cause an enrollee enrolled in a |
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83 | 83 | | high deductible health plan, as that term is defined by Section 223, |
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84 | 84 | | Internal Revenue Code of 1986, who has established a health savings |
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85 | 85 | | account under that section, to become ineligible for that plan, a |
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86 | 86 | | health benefit plan issuer shall waive the deductible only after |
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87 | 87 | | the enrollee has satisfied the minimum deductible under the plan, |
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88 | 88 | | except with respect to preventive care services for which the |
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89 | 89 | | enrollee is not required to meet a deductible in accordance with |
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90 | 90 | | Section 223(c)(2)(C), Internal Revenue Code of 1986. |
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91 | 91 | | SECTION 2. Chapter 1373, Insurance Code, as added by this |
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92 | 92 | | Act, applies only to a health benefit plan delivered, issued for |
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93 | 93 | | delivery, or renewed on or after January 1, 2026. |
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94 | 94 | | SECTION 3. This Act takes effect September 1, 2025. |
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