Texas 2025 - 89th Regular

Texas Senate Bill SB636 Compare Versions

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1+89R3644 MEW-D
12 By: Johnson S.B. No. 636
2- (In the Senate - Filed December 18, 2024; February 3, 2025,
3- read first time and referred to Committee on Health & Human
4- Services; April 14, 2025, reported adversely, with favorable
5- Committee Substitute by the following vote: Yeas 7, Nays 2;
6- April 14, 2025, sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 636 By: Hancock
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104
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137 A BILL TO BE ENTITLED
148 AN ACT
159 relating to coverage for mental health conditions and substance use
1610 disorders under certain governmental health benefit plans.
1711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1812 SECTION 1. Section 1355.002(b), Insurance Code, is amended
1913 to read as follows:
2014 (b) Except as otherwise provided by this subchapter, but
2115 notwithstanding [Notwithstanding any provision in Chapter 1575 or
2216 1579 or] any other law, this subchapter [Section 1355.015] applies
2317 to:
2418 (1) a basic coverage plan under Chapter 1551;
2519 (2) a basic plan under Chapter 1575; [and]
2620 (3) [(2)] a primary care coverage plan under Chapter
2721 1579; and
2822 (4) a plan providing basic coverage under Chapter
2923 1601.
3024 SECTION 2. Section 1355.003(a), Insurance Code, is amended
3125 to read as follows:
3226 (a) This subchapter does not apply to coverage under:
3327 (1) a blanket accident and health insurance policy, as
3428 described by Chapter 1251;
3529 (2) a short-term travel policy;
3630 (3) an accident-only policy;
3731 (4) a limited or specified-disease policy that does
3832 not provide benefits for mental health care or similar services;
3933 (5) [except as provided by Subsection (b), a plan
4034 offered under Chapter 1551 or Chapter 1601;
4135 [(6)] a plan offered in accordance with Section
4236 1355.151; or
4337 (6) [(7)] a Medicare supplement benefit plan, as
4438 defined by Section 1652.002.
4539 SECTION 3. Section 1355.015(e), Insurance Code, is amended
4640 to read as follows:
4741 (e) Notwithstanding any other law, this section does not
4842 apply to:
4943 (1) a standard health benefit plan provided under
5044 Chapter 1507;
5145 (2) a basic coverage plan under Chapter 1551; or
5246 (3) a plan providing basic coverage under Chapter
5347 1601.
5448 SECTION 4. Section 1355.252, Insurance Code, is amended by
5549 adding Subsection (d) to read as follows:
5650 (d) Notwithstanding any other law, this subchapter applies
5751 to:
5852 (1) a basic coverage plan under Chapter 1551;
5953 (2) a basic plan under Chapter 1575;
6054 (3) a primary care coverage plan under Chapter 1579;
6155 and
6256 (4) a plan providing basic coverage under Chapter
6357 1601.
6458 SECTION 5. Section 1355.255, Insurance Code, is amended to
6559 read as follows:
6660 Sec. 1355.255. COMPLIANCE. (a) Except as provided by
6761 Subsection (b), the [The] commissioner shall enforce compliance
6862 with Section 1355.254 by evaluating the benefits and coverage
6963 offered by a health benefit plan for quantitative and
7064 nonquantitative treatment limitations in the following categories:
7165 (1) in-network and out-of-network inpatient care;
7266 (2) in-network and out-of-network outpatient care;
7367 (3) emergency care; and
7468 (4) prescription drugs.
7569 (b) With respect to a plan described by Section 1355.252(d),
7670 the applicable trustee, board of trustees, or system shall enforce
7771 compliance with Section 1355.254 by evaluating the benefits and
7872 coverage offered by a health benefit plan for quantitative and
7973 nonquantitative treatment limitations in the following categories:
8074 (1) in-network and out-of-network inpatient care;
8175 (2) in-network and out-of-network outpatient care;
8276 (3) emergency care; and
8377 (4) prescription drugs.
84- SECTION 6. Section 1551.205, Insurance Code, is amended to
85- read as follows:
86- Sec. 1551.205. LIMITATIONS. The board of trustees may not
87- contract for or provide a coverage plan that:
88- (1) excludes or limits coverage or services for
89- acquired immune deficiency syndrome, as defined by the Centers for
90- Disease Control and Prevention of the United States Public Health
91- Service, or human immunodeficiency virus infection; or
92- (2) [provides coverage for serious mental illness that
93- is less extensive than the coverage provided for any physical
94- illness; or
95- [(3)] may provide coverage for prescription drugs to
96- assist in stopping smoking at a lower benefit level than is provided
97- for other prescription drugs.
98- SECTION 7. Section 1355.003(b), Insurance Code, is
78+ SECTION 6. Section 1355.003(b), Insurance Code, is
9979 repealed.
100- SECTION 8. The changes in law made by this Act apply only to
80+ SECTION 7. The changes in law made by this Act apply only to
10181 a plan year that commences on or after January 1, 2026. A plan year
10282 that commenced before January 1, 2026, is governed by the law as it
10383 existed immediately before the effective date of this Act, and that
10484 law is continued in effect for that purpose.
105- SECTION 9. This Act takes effect September 1, 2025.
106- * * * * *
85+ SECTION 8. This Act takes effect September 1, 2025.