Texas 2025 - 89th Regular

Texas Senate Bill SB2768 Compare Versions

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11 By: Cook, Eckhardt S.B. No. 2768
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to certain health care services, increasing access to
99 health care, and repealing or replacing medically unnecessary and
1010 outdated health care restrictions.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 ARTICLE 1. GENERAL PROVISIONS
1313 SECTION 1.01. This Act may be cited as the Health Freedom
1414 for Texans Act.
1515 SECTION 1.02. The legislature finds that:
1616 (1) comprehensive reproductive health care, including
1717 safe abortion care and health care services for transgender and
1818 gender-nonconforming persons, is a vital component of a person's
1919 overall health and of their social and economic equality;
2020 (2) abortion is one of the safest medical procedures
2121 in the United States, as demonstrated by available data, including
2222 from the Centers for Disease Control and Prevention, showing
2323 abortion has a more than 99 percent safety record;
2424 (3) any regulation of medical care must have a
2525 legitimate and verifiable purpose and advance the goals of
2626 improving the quality of care and increasing access to care;
2727 (4) according to the American College of Obstetricians
2828 and Gynecologists, American Medical Association, American Academy
2929 of Family Physicians, and American Osteopathic Association,
3030 "access to high-quality, evidence-based abortion care should not be
3131 limited by laws enacted under the guise of patient safety but that,
3232 in fact, [cause] harm"; and
3333 (5) the almost complete abortion ban and the onerous
3434 restrictions enacted in this state based on pretextual reasons are
3535 a systematic attempt to eliminate access to safe and necessary
3636 medical care.
3737 ARTICLE 2. INCREASING ACCESS TO HEALTH CARE
3838 SECTION 2.01. Section 32.003, Family Code, is amended by
3939 amending Subsection (a) and adding Subsection (g) to read as
4040 follows:
4141 (a) A child may consent to medical, dental, psychological,
4242 and surgical treatment for the child by a licensed physician or
4343 dentist if the child:
4444 (1) is on active duty with the armed services of the
4545 United States of America;
4646 (2) is:
4747 (A) 16 years of age or older and resides separate
4848 and apart from the child's parents, managing conservator, or
4949 guardian, with or without the consent of the parents, managing
5050 conservator, or guardian and regardless of the duration of the
5151 residence; and
5252 (B) managing the child's own financial affairs,
5353 regardless of the source of the income;
5454 (3) consents to the diagnosis and treatment of an
5555 infectious, contagious, or communicable disease that is required by
5656 law or a rule to be reported by the licensed physician or dentist to
5757 a local health officer or the [Texas] Department of State Health
5858 Services, including all diseases within the scope of Section
5959 81.041, Health and Safety Code;
6060 (4) is unmarried and pregnant and consents to
6161 hospital, medical, or surgical treatment[, other than abortion,]
6262 related to the pregnancy;
6363 (5) consents to examination and treatment for drug or
6464 chemical addiction, drug or chemical dependency, or any other
6565 condition directly related to drug or chemical use;
6666 (6) is unmarried, is the parent of a child, and has
6767 actual custody of the [his or her] child and consents to medical,
6868 dental, psychological, or surgical treatment for the child; [or]
6969 (7) is serving a term of confinement in a facility
7070 operated by or under contract with the Texas Department of Criminal
7171 Justice; or
7272 (8) consents to a contraception-related examination
7373 or medical treatment[, unless the treatment would constitute a
7474 prohibited practice under Section 164.052(a)(19), Occupations
7575 Code].
7676 (g) In this section, "contraception" means any reversible
7777 method of preventing pregnancy that is approved by the United
7878 States Food and Drug Administration.
7979 SECTION 2.02. Section 501.065, Government Code, is amended
8080 to read as follows:
8181 Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
8282 AND SURGICAL TREATMENT. An inmate who is younger than 18 years of
8383 age and is confined in a facility operated by or under contract with
8484 the department may, in accordance with procedures established by
8585 the department, consent to medical, dental, psychological, and
8686 surgical treatment for the inmate by a licensed health care
8787 practitioner, or a person under the direction of a licensed health
8888 care practitioner[, unless the treatment would constitute a
8989 prohibited practice under Section 164.052(a)(19), Occupations
9090 Code].
9191 SECTION 2.03. Section 62.151, Health and Safety Code, is
9292 amended by amending Subsection (c) and adding Subsections (h) and
9393 (i) to read as follows:
9494 (c) In modifying the plan, the executive commissioner shall
9595 ensure that primary and preventive health benefits [do not] include
9696 reproductive services, such as contraception, abortion services,
9797 [other than] prenatal care, and care related to diseases,
9898 illnesses, or abnormalities related to the reproductive system.
9999 (h) Subject to Subsection (i), the child health plan must
100100 provide as covered benefits prescription contraceptive drugs or
101101 devices approved by the United States Food and Drug Administration.
102102 (i) The child health plan shall provide as covered benefits
103103 prescription contraceptive drugs or devices for an enrolled child
104104 17 years of age or younger for the purpose of primary and preventive
105105 reproductive health care if the prescribing health care provider
106106 receives written consent for the prescription from:
107107 (1) the enrolled child's parent, guardian, or managing
108108 conservator; or
109109 (2) the enrolled child or other adult if authorized
110110 under Section 32.001 or 32.003, Family Code, for the prescription
111111 or dispensing of the contraceptive drug or device.
112112 SECTION 2.04. Section 171.002(1), Health and Safety Code,
113113 is amended to read as follows:
114114 (1) "Abortion" means an act or procedure performed
115115 after pregnancy has been medically verified and with the intent to
116116 cause the termination of a pregnancy other than for the purpose of
117117 either the birth of a live fetus or the removal of a dead fetus. The
118118 term does not include birth control devices or oral contraceptives
119119 [has the meaning assigned by Section 245.002].
120120 SECTION 2.05. Subtitle H, Title 2, Health and Safety Code,
121121 is amended by adding Chapter 174 to read as follows:
122122 CHAPTER 174. REPRODUCTIVE AUTONOMY
123123 Sec. 174.001. INTERNET WEBSITE ON REPRODUCTIVE RIGHTS AND
124124 RELATED RESOURCES. (a) The commission shall develop and maintain a
125125 web page on the commission's Internet website with information on
126126 the rights of an individual in this state to:
127127 (1) obtain an abortion or related health care services
128128 in this state;
129129 (2) receive treatment for a miscarriage or an ectopic
130130 pregnancy;
131131 (3) access telemedicine medical services or
132132 telehealth services for an abortion; and
133133 (4) self-manage an abortion.
134134 (b) The information required under Subsection (a) must be
135135 printed in each of the five most spoken languages in this state.
136136 SECTION 2.06. Section 32.024, Human Resources Code, is
137137 amended by amending Subsections (e) and (l-1) to read as follows:
138138 (e) Except as provided by Section 32.03118, the [The]
139139 commission may not authorize the provision of any service to any
140140 person under the program unless federal matching funds are
141141 available to pay the cost of the service.
142142 (l-1) The commission shall continue to provide medical
143143 assistance to an individual [a woman] who is eligible for medical
144144 assistance for pregnant individuals [women] for a period of not
145145 less than 24[:
146146 [(1) six months following the date the woman delivers
147147 or experiences an involuntary miscarriage; and
148148 [(2) 12] months that begins on the last day of the
149149 individual's [woman's] pregnancy and ends on the last day of the
150150 month in which the 24-month [12-month] period ends [in accordance
151151 with Section 1902(e)(16), Social Security Act (42 U.S.C. Section
152152 1396a(e)(16))].
153153 SECTION 2.07. Subchapter B, Chapter 32, Human Resources
154154 Code, is amended by adding Section 32.03118 to read as follows:
155155 Sec. 32.03118. REIMBURSEMENT FOR CERTAIN REPRODUCTIVE
156156 HEALTH SERVICES. (a) Regardless of whether federal matching funds
157157 are available to pay the cost of the services, the commission shall
158158 ensure that medical assistance reimbursement is provided for the
159159 provision of the following services to medical assistance
160160 recipients:
161161 (1) abortion services;
162162 (2) forms of contraception approved by the United
163163 States Food and Drug Administration, including the insertion and
164164 removal of devices; and
165165 (3) voluntary sterilization, including vasectomies.
166166 (b) The commission shall ensure that abortion,
167167 contraception, and sterilization services are provided in
168168 accordance with applicable state and federal law.
169169 (c) Notwithstanding any other law, abortion, contraception,
170170 and sterilization services provided under the medical assistance
171171 program may not be subject to:
172172 (1) a cost-sharing requirement, including a
173173 deductible or coinsurance;
174174 (2) utilization review;
175175 (3) a prior authorization or step-therapy
176176 requirement; or
177177 (4) any restrictions on or delays in coverage.
178178 SECTION 2.08. Chapter 32, Human Resources Code, is amended
179179 by adding Subchapter H to read as follows:
180180 SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE
181181 Sec. 32.351. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE
182182 UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a)
183183 Notwithstanding any other law, the commission shall provide medical
184184 assistance to all individuals who apply for that assistance and for
185185 whom federal matching funds are available under the Patient
186186 Protection and Affordable Care Act (Pub. L. No. 111-148), as
187187 amended by the Health Care and Education Reconciliation Act of 2010
188188 (Pub. L. No. 111-152), to provide that assistance.
189189 (b) The executive commissioner shall adopt rules regarding
190190 the provision of medical assistance as required by this section.
191191 Sec. 32.352. ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR
192192 MEDICAL ASSISTANCE. Not later than December 1 of each year, the
193193 commission shall report to the governor, the lieutenant governor,
194194 the speaker of the house of representatives, and the standing
195195 committees of the senate and the house of representatives having
196196 primary jurisdiction over the medical assistance program on the
197197 effects of expanding eligibility for medical assistance under
198198 Section 32.351, including the effects on:
199199 (1) the number of individuals in this state who do not
200200 have health benefits coverage;
201201 (2) state health care costs, including costs relating
202202 to programs funded with money appropriated out of the general
203203 revenue fund;
204204 (3) local health care costs; and
205205 (4) charity care and uncompensated care costs for
206206 hospitals.
207207 SECTION 2.09. The heading to Chapter 1218, Insurance Code,
208208 is amended to read as follows:
209209 CHAPTER 1218. COVERAGE FOR REPRODUCTIVE HEALTH SERVICES
210210 [ELECTIVE ABORTION; PROHIBITIONS AND REQUIREMENTS]
211211 SECTION 2.10. Sections 1218.001 and 1218.004, Insurance
212212 Code, are amended to read as follows:
213213 Sec. 1218.001. DEFINITIONS [DEFINITION]. In this chapter:
214214 (1) "Abortion" has the meaning assigned[, "elective
215215 abortion" means an abortion, as defined] by Section [245.002,
216216 Health and Safety Code, other than an abortion performed due to a
217217 medical emergency as defined by Section] 171.002, Health and Safety
218218 Code.
219219 (2) "Effective pain and anxiety management" means
220220 evidence-based pain and anxiety management, including prescription
221221 antianxiety medication, local anesthesia, topical anesthetic,
222222 paracervical block, and minimal and moderate sedation.
223223 Sec. 1218.004. COVERAGE REQUIRED [BY HEALTH BENEFIT
224224 PLAN]. (a) A health benefit plan shall [may] provide coverage for
225225 abortion services, all forms of contraception approved by the
226226 United States Food and Drug Administration including the insertion
227227 and removal of devices and counseling on and provision of effective
228228 pain and anxiety management for the insertion or removal of
229229 devices, and voluntary sterilization including vasectomies, in
230230 accordance with applicable state and federal law.
231231 (b) Coverage required under this section is not subject to
232232 [elective abortion only if]:
233233 (1) a cost-sharing requirement, including a
234234 deductible or coinsurance [the coverage is provided to an enrollee
235235 separately from other health benefit plan coverage offered by the
236236 health benefit plan issuer];
237237 (2) utilization review [the enrollee pays the premium
238238 for coverage for elective abortion separately from, and in addition
239239 to, the premium for other health benefit plan coverage, if any];
240240 [and]
241241 (3) a prior authorization or step-therapy requirement;
242242 or
243243 (4) any restrictions on or delays in coverage [the
244244 enrollee provides a signature for coverage for elective abortion,
245245 separately and distinct from the signature required for other
246246 health benefit plan coverage, if any, provided to the enrollee by
247247 the health benefit plan issuer].
248248 (c) This section controls over Subchapter C, Chapter 1369,
249249 to the extent of any conflict.
250250 SECTION 2.11. Section 1369.1031(c), Insurance Code, is
251251 amended to read as follows:
252252 (c) A health benefit plan that provides benefits for a
253253 prescription contraceptive drug must provide for an enrollee to
254254 obtain up to[:
255255 [(1) a three-month supply of the covered prescription
256256 contraceptive drug at one time the first time the enrollee obtains
257257 the drug; and
258258 [(2)] a 12-month supply of the covered prescription
259259 contraceptive drug at one time each [subsequent] time the enrollee
260260 obtains the [same] drug, regardless of whether the enrollee was
261261 enrolled in the health benefit plan the first time the enrollee
262262 obtained the drug.
263263 SECTION 2.12. Section 164.052(a), Occupations Code, is
264264 amended to read as follows:
265265 (a) A physician or an applicant for a license to practice
266266 medicine commits a prohibited practice if that person:
267267 (1) submits to the board a false or misleading
268268 statement, document, or certificate in an application for a
269269 license;
270270 (2) presents to the board a license, certificate, or
271271 diploma that was illegally or fraudulently obtained;
272272 (3) commits fraud or deception in taking or passing an
273273 examination;
274274 (4) uses alcohol or drugs in an intemperate manner
275275 that, in the board's opinion, could endanger a patient's life;
276276 (5) commits unprofessional or dishonorable conduct
277277 that is likely to deceive or defraud the public, as provided by
278278 Section 164.053, or injure the public;
279279 (6) uses an advertising statement that is false,
280280 misleading, or deceptive;
281281 (7) advertises professional superiority or the
282282 performance of professional service in a superior manner if that
283283 advertising is not readily subject to verification;
284284 (8) purchases, sells, barters, or uses, or offers to
285285 purchase, sell, barter, or use, a medical degree, license,
286286 certificate, or diploma, or a transcript of a license, certificate,
287287 or diploma in or incident to an application to the board for a
288288 license to practice medicine;
289289 (9) alters, with fraudulent intent, a medical license,
290290 certificate, or diploma, or a transcript of a medical license,
291291 certificate, or diploma;
292292 (10) uses a medical license, certificate, or diploma,
293293 or a transcript of a medical license, certificate, or diploma that
294294 has been:
295295 (A) fraudulently purchased or issued;
296296 (B) counterfeited; or
297297 (C) materially altered;
298298 (11) impersonates or acts as proxy for another person
299299 in an examination required by this subtitle for a medical license;
300300 (12) engages in conduct that subverts or attempts to
301301 subvert an examination process required by this subtitle for a
302302 medical license;
303303 (13) impersonates a physician or permits another to
304304 use the person's license or certificate to practice medicine in
305305 this state;
306306 (14) directly or indirectly employs a person whose
307307 license to practice medicine has been suspended, canceled, or
308308 revoked;
309309 (15) associates in the practice of medicine with a
310310 person:
311311 (A) whose license to practice medicine has been
312312 suspended, canceled, or revoked; or
313313 (B) who has been convicted of the unlawful
314314 practice of medicine in this state or elsewhere;
315315 (16) [performs or procures a criminal abortion, aids
316316 or abets in the procuring of a criminal abortion, attempts to
317317 perform or procure a criminal abortion, or attempts to aid or abet
318318 the performance or procurement of a criminal abortion;
319319 [(17)] directly or indirectly aids or abets the
320320 practice of medicine by a person, partnership, association, or
321321 corporation that is not licensed to practice medicine by the board;
322322 (17) [(18) performs an abortion on a woman who is
323323 pregnant with a viable unborn child during the third trimester of
324324 the pregnancy unless:
325325 [(A) the abortion is necessary to prevent the
326326 death of the woman;
327327 [(B) the viable unborn child has a severe,
328328 irreversible brain impairment; or
329329 [(C) the woman is diagnosed with a significant
330330 likelihood of suffering imminent severe, irreversible brain damage
331331 or imminent severe, irreversible paralysis;
332332 [(19) performs an abortion on an unemancipated minor
333333 without the written consent of the child's parent, managing
334334 conservator, or legal guardian or without a court order, as
335335 provided by Section 33.003 or 33.004, Family Code, unless the
336336 abortion is necessary due to a medical emergency, as defined by
337337 Section 171.002, Health and Safety Code;
338338 [(20) otherwise performs an abortion on an
339339 unemancipated minor in violation of Chapter 33, Family Code;
340340 [(21) performs or induces or attempts to perform or
341341 induce an abortion in violation of Subchapter C, F, or G, Chapter
342342 171, Health and Safety Code;
343343 [(22)] in complying with the procedures outlined in
344344 Sections 166.045 and 166.046, Health and Safety Code, wilfully
345345 fails to make a reasonable effort to transfer a patient to a
346346 physician who is willing to comply with a directive; or
347347 (18) [(23)] performs or delegates to another
348348 individual the performance of a pelvic examination on an
349349 anesthetized or unconscious patient in violation of Section
350350 167A.002, Health and Safety Code[; or
351351 [(24) performs a gender transitioning or gender
352352 reassignment procedure or treatment in violation of Section
353353 161.702, Health and Safety Code].
354354 ARTICLE 3. CONFORMING AMENDMENTS
355355 SECTION 3.01. Section 161.006(b), Family Code, is amended
356356 to read as follows:
357357 (b) In this code, "abortion" has the meaning assigned by
358358 Section 171.002 [245.002], Health and Safety Code.
359359 SECTION 3.02. Section 266.010(a), Family Code, is amended
360360 to read as follows:
361361 (a) A foster child who is at least 16 years of age may
362362 consent to the provision of medical care[, except as provided by
363363 Chapter 33,] if the court with continuing jurisdiction determines
364364 that the child has the capacity to consent to medical care. If the
365365 child provides consent by signing a consent form, the form must be
366366 written in language the child can understand.
367367 SECTION 3.03. Section 419.909(c), Government Code, is
368368 amended to read as follows:
369369 (c) This section does not apply to state agency personnel
370370 who conduct a life safety code survey of a building or facility in
371371 connection with determining whether to issue or renew a license
372372 under Chapter 142, 241, 242, 243, 244, [245,] 247, 248, 251, 252,
373373 464, 466, or 577, Health and Safety Code, or Chapter 103, Human
374374 Resources Code.
375375 SECTION 3.04. Section 32.046(e), Health and Safety Code, is
376376 amended to read as follows:
377377 (e) For purposes of this section, "postpartum depression"
378378 means a disorder in which an individual [a woman] experiences
379379 moderate to severe depression following a pregnancy, regardless of
380380 whether the pregnancy resulted in birth, or an abortion [act]
381381 defined by Section 171.002 [245.002(1)].
382382 SECTION 3.05. Section 170.001(1), Health and Safety Code,
383383 is amended to read as follows:
384384 (1) "Abortion" has the meaning assigned by Section
385385 171.002 [245.002].
386386 SECTION 3.06. Section 241.011, Health and Safety Code, is
387387 amended to read as follows:
388388 Sec. 241.011. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An
389389 emergency department of a hospital shall display separate signs, in
390390 English and Spanish, side by side in accordance with this section in
391391 each restroom and patient consulting room. The signs must include
392392 the following information:
393393 (1) no person, including an individual's parents, may
394394 force any individual to have an abortion;
395395 (2) it is illegal for a person to force an individual
396396 to engage in sexual acts;
397397 (3) an individual who needs help may call or text a
398398 state or national organization that assists victims of human
399399 trafficking and forced abortions; and
400400 (4) the toll-free number of an organization described
401401 by Subdivision (3) [that comply with Section 245.025 as if the
402402 hospital is an abortion facility].
403403 (b) In addition to the information required under
404404 Subsection (a), the sign must include the contact information for
405405 reporting suspicious activity to the Department of Public Safety.
406406 (c) Signs required under this section must be at least 8-1/2
407407 by 11 inches in size and displayed in a conspicuous manner clearly
408408 visible to the public and employees of a hospital. The notice must
409409 cover at least four-fifths of the sign.
410410 (d) The executive commissioner shall adopt rules as
411411 necessary to implement and enforce this section.
412412 SECTION 3.07. Section 248.003, Health and Safety Code, is
413413 amended to read as follows:
414414 Sec. 248.003. EXEMPTIONS. This chapter does not apply to:
415415 (1) a home and community support services agency
416416 required to be licensed under Chapter 142;
417417 (2) a person required to be licensed under Chapter 241
418418 (Texas Hospital Licensing Law);
419419 (3) an institution required to be licensed under
420420 Chapter 242;
421421 (4) an ambulatory surgical center required to be
422422 licensed under Chapter 243 (Texas Ambulatory Surgical Center
423423 Licensing Act);
424424 (5) a birthing center required to be licensed under
425425 Chapter 244 (Texas Birthing Center Licensing Act);
426426 (6) [a facility required to be licensed under Chapter
427427 245 (Texas Abortion Facility Reporting and Licensing Act);
428428 [(7)] a general residential operation, foster group
429429 home, foster home, and child-placing agency, for children in foster
430430 care or other residential care who are under the conservatorship of
431431 the Department of Family and Protective Services; or
432432 (7) [(8)] a person providing medical or nursing care
433433 or services under a license or permit issued under other state law.
434434 ARTICLE 4. REPEALER; TRANSITIONS; CONFLICTS; EFFECTIVE DATE
435435 SECTION 4.01. The following provisions are repealed:
436436 (1) Section 30.022, Civil Practice and Remedies Code;
437437 (2) Subchapter L, Chapter 74, Civil Practice and
438438 Remedies Code;
439439 (3) Section 38.063(e-1), Education Code;
440440 (4) Chapter 33, Family Code;
441441 (5) Section 151.002, Family Code;
442442 (6) Section 311.036, Government Code;
443443 (7) Chapter 2273, Government Code;
444444 (8) Section 32.005, Health and Safety Code;
445445 (9) Chapter 54, Health and Safety Code, as added by
446446 Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular
447447 Session, 2023;
448448 (10) Section 62.151(g), Health and Safety Code;
449449 (11) Subchapter X, Chapter 161, Health and Safety
450450 Code, as added by Chapter 335 (S.B. 14), Acts of the 88th
451451 Legislature, Regular Session, 2023;
452452 (12) Chapter 170A, Health and Safety Code;
453453 (13) Sections 171.002(2), (3), and (4), Health and
454454 Safety Code;
455455 (14) Section 171.0031, Health and Safety Code;
456456 (15) Section 171.004, Health and Safety Code;
457457 (16) Section 171.005, Health and Safety Code;
458458 (17) Section 171.006, Health and Safety Code, as added
459459 by Chapter 4 (H.B. 13), Acts of the 85th Legislature, First Called
460460 Session, 2017;
461461 (18) Section 171.006, Health and Safety Code, as added
462462 by Chapter 9 (H.B. 215), Acts of the 85th Legislature, First Called
463463 Session, 2017;
464464 (19) Section 171.008, Health and Safety Code;
465465 (20) Section 171.012, Health and Safety Code;
466466 (21) Section 171.0121, Health and Safety Code;
467467 (22) Section 171.0122, Health and Safety Code;
468468 (23) Section 171.0123, Health and Safety Code;
469469 (24) Section 171.0124, Health and Safety Code;
470470 (25) Section 171.013, Health and Safety Code;
471471 (26) Section 171.014, Health and Safety Code;
472472 (27) Section 171.015, Health and Safety Code;
473473 (28) Section 171.016, Health and Safety Code;
474474 (29) Section 171.017, Health and Safety Code;
475475 (30) Section 171.018, Health and Safety Code;
476476 (31) Subchapters C, D, E, F, G, and H, Chapter 171,
477477 Health and Safety Code;
478478 (32) Section 241.007, Health and Safety Code;
479479 (33) Section 243.017, Health and Safety Code;
480480 (34) Chapter 245, Health and Safety Code;
481481 (35) Section 285.202, Health and Safety Code;
482482 (36) Chapter 697, Health and Safety Code;
483483 (37) Section 32.024(c-1), Human Resources Code;
484484 (38) Section 32.024(pp), Human Resources Code, as
485485 added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,
486486 Regular Session, 2023;
487487 (39) Section 1218.003, Insurance Code;
488488 (40) Section 1218.005, Insurance Code;
489489 (41) Section 1218.006, Insurance Code;
490490 (42) Subtitle M, Title 8, Insurance Code;
491491 (43) Chapter 103, Occupations Code;
492492 (44) Section 111.005(c), Occupations Code;
493493 (45) Section 164.055, Occupations Code;
494494 (46) Section 164.0551, Occupations Code;
495495 (47) Section 164.0552, Occupations Code;
496496 (48) Section 9.35, Penal Code; and
497497 (49) Chapter 6-1/2, Title 71, Revised Statutes.
498498 SECTION 4.02. If before implementing any provision of this
499499 Act a state agency determines that a waiver or authorization from a
500500 federal agency is necessary for implementation of that provision,
501501 the agency affected by the provision shall request the waiver or
502502 authorization and may delay implementing that provision until the
503503 waiver or authorization is granted.
504504 SECTION 4.03. (a) Section 32.351, Human Resources Code, as
505505 added by this Act, applies only to an initial determination or
506506 recertification of eligibility of an individual for medical
507507 assistance under Chapter 32, Human Resources Code, made on or after
508508 the date the section is implemented, regardless of the date the
509509 individual applied for that assistance.
510510 (b) As soon as possible after the effective date of this
511511 Act, the executive commissioner of the Health and Human Services
512512 Commission shall take all necessary actions to expand eligibility
513513 for medical assistance under Chapter 32, Human Resources Code, in
514514 accordance with Section 32.351, Human Resources Code, as added by
515515 this Act, including notifying appropriate federal agencies of that
516516 expanded eligibility.
517517 SECTION 4.04. Chapter 1218, Insurance Code, as amended by
518518 this Act, applies only to a health benefit plan delivered, issued
519519 for delivery, or renewed on or after January 1, 2026. A health
520520 benefit plan delivered, issued for delivery, or renewed before
521521 January 1, 2026, is governed by the law as it existed immediately
522522 before the effective date of this Act, and that law is continued in
523523 effect for that purpose.
524524 SECTION 4.05. The changes in law made by this Act apply only
525525 to health care services provided on or after the effective date of
526526 this Act. Health care services provided before the effective date
527527 of this Act are governed by the law applicable to those services
528528 immediately before the effective date of this Act, and that law is
529529 continued in effect for that purpose.
530530 SECTION 4.06. To the extent of any conflict, this Act
531531 prevails over another Act of the 89th Legislature, Regular Session,
532532 2025, relating to nonsubstantive additions to and corrections in
533533 enacted codes.
534534 SECTION 4.07. This Act takes effect September 1, 2025.