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A BILL TO BE ENTITLED
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AN ACT
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relating to a parity complaint portal and educational materials and |
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parity law training regarding benefits for mental health conditions |
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and substance use disorders to be made available through the portal |
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and otherwise; designating October as mental health condition and |
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substance use disorder parity awareness month. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 662, Government Code, is |
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amended by adding Section 662.115 to read as follows: |
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Sec. 662.115. MENTAL HEALTH CONDITION AND SUBSTANCE USE |
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DISORDER PARITY AWARENESS MONTH. (a) October is Mental Health |
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Condition and Substance Use Disorder Parity Awareness Month to |
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increase awareness of and compliance with state and federal rules, |
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regulations, and statutes concerning the availability of, and terms |
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and conditions of, benefits for mental health conditions and |
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substance use disorders. |
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(b) Mental Health Condition and Substance Use Disorder |
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Parity Awareness Month may be regularly observed through |
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appropriate activities in communities to increase awareness of and |
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education on the available benefits for mental health conditions |
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and substance use disorders. |
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SECTION 2. Subchapter F, Chapter 1355, Insurance Code, is |
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amended by adding Sections 1355.2571 and 1355.2572 to read as |
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follows: |
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Sec. 1355.2571. PARITY COMPLAINT PORTAL. (a) The |
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commissioner shall develop and maintain a parity complaint portal |
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that is an integrated system that allows for the enrollee of a |
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health benefit plan to submit complaints of suspected violations of |
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the provisions of this subchapter. The parity complaint portal |
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must: |
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(1) allow for an enrollee to submit a complaint |
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through multiple ways; |
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(2) provide updates on the status of an enrollee's |
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complaint; |
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(3) ensure timely, effective, and equitable |
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resolution for submitted complaints; |
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(4) include educational materials regarding: |
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(A) benefits for mental health conditions and |
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substance use disorders required under this subchapter; |
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(B) an enrollee's rights and responsibilities |
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under a health benefit plan concerning coverage under this |
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subchapter; |
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(C) circumstances under which a claim may be |
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denied; and |
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(D) the processes for reviewing a complaint |
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submitted through the portal; |
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(5) adhere to national best practices as determined by |
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the commissioner; and |
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(6) include the findings of the report required by |
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Section 1355.2572(b). |
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(b) In developing the parity complaint portal under |
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Subsection (a), the commissioner: |
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(1) shall conduct an assessment of complaint portals |
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and similar systems used by other relevant public or private |
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entities; |
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(2) shall develop best practice standards for |
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complaint submissions and tracking consistent with the findings of |
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the assessment conducted under Subdivision (1); and |
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(3) may develop a new complaint portal or modify an |
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existing complaint portal. |
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(c) The Health and Human Services Commission shall appoint a |
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liaison to the department to receive reports of concerns, |
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complaints, and potential violations submitted through the parity |
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complaint portal established under Subsection (a). |
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Sec. 1355.2572. EDUCATIONAL MATERIALS AND PARITY LAW |
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TRAINING; REPORT. (a) The commissioner, in collaboration with the |
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Health and Human Services Commission's ombudsman for behavioral |
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health, shall develop educational materials and parity law training |
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sessions regarding the coverage for mental health conditions and |
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substance use disorders required under this subchapter. The |
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commissioner shall ensure that the materials and training sessions: |
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(1) are available to health benefit plan issuers and |
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enrollees; |
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(2) include online, print, and in-person formats; |
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(3) are made available through the parity complaint |
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portal established under Section 1355.2571 and at relevant |
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locations and settings, including: |
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(A) any relevant agency offices; |
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(B) health benefit plan provider service |
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locations; and |
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(C) relevant professional conferences and trade |
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association meetings; and |
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(4) include a list of relevant third-party |
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organization educational and parity law awareness materials that |
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provide additional information regarding mental health conditions |
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and substance use disorder parity and, if provided in an online |
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format, provide the links needed to access those materials online. |
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(b) Not later than September 1 of each year, the |
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commissioner, in collaboration with the Health and Human Services |
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Commission's ombudsman for behavioral health, shall: |
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(1) prepare and submit a report to the appropriate |
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committees of the legislature and the appropriate state agencies on |
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the status of: |
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(A) rights and responsibilities for mental |
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health condition and substance use disorder benefits; and |
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(B) resolved and unresolved complaints submitted |
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through the parity complaint portal established under Section |
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1355.2571(a); and |
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(2) publish the findings of the report under |
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Subdivision (1) to the parity complaint portal established under |
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Section 1355.2571(a). |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the commissioner of insurance shall develop: |
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(1) the parity complaint portal required by Section |
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1355.2571, Insurance Code, as added by this Act; and |
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(2) the educational materials and parity law training |
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sessions required by Section 1355.2572, Insurance Code, as added by |
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this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |