87R24737 MEW-D
 
  By: Alvarado, et al. S.B. No. 1065
 
  (Bernal)
 
  Substitute the following for S.B. No. 1065:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to coverage for diagnostic imaging for breast cancer under
  certain health benefit plans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 1356, Insurance Code, is
  amended to read as follows:
  CHAPTER 1356. MAMMOGRAPHY AND OTHER BREAST IMAGING
         SECTION 2.  Section 1356.001(1-a), Insurance Code, is
  amended to read as follows:
               (1-a)  "Diagnostic imaging [mammogram]" means an
  imaging examination using mammography, ultrasound imaging, or
  magnetic resonance imaging that is designed to evaluate:
                     (A)  a subjective or objective abnormality
  detected by a physician or patient in a breast;
                     (B)  an abnormality seen by a physician on a
  screening mammogram;
                     (C)  an abnormality previously identified by a
  physician as probably benign in a breast for which follow-up
  imaging is recommended by a physician; or
                     (D)  an individual with a personal history of
  breast cancer or dense breast tissue.
         SECTION 3.  Section 1356.005(a-1), Insurance Code, is
  amended to read as follows:
         (a-1)  A health benefit plan that provides coverage for a
  screening mammogram must provide coverage for [a] diagnostic
  imaging [mammogram] that is no less favorable than the coverage for
  a screening mammogram.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  The change in law made by this Act applies only
  to a health benefit plan that is delivered, issued for delivery, or
  renewed on or after January 1, 2022.  A health benefit plan that is
  delivered, issued for delivery, or renewed before January 1, 2022,
  is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 6.  The Texas Department of Insurance, the Employees
  Retirement System of Texas, the Teacher Retirement System of Texas,
  The University of Texas System, The Texas A&M University System,
  and any other state agency or institution subject to this Act are
  required to implement a provision of this Act only if the
  legislature appropriates money specifically for that purpose.  If
  the legislature does not appropriate money specifically for that
  purpose, those agencies may, but are not required to, implement a
  provision of this Act using other appropriations available for that
  purpose.
         SECTION 7.  This Act takes effect September 1, 2021.