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A BILL TO BE ENTITLED
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AN ACT
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relating to mental health services for women with postpartum |
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depression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0249 to read as follows: |
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Sec. 32.0249. MENTAL HEALTH SERVICES FOR CERTAIN PERSONS |
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WITH POSTPARTUM DEPRESSION. (a) The department shall, within the |
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12-month period following the date on which a woman gives birth, |
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provide mental health services, in accordance with rules adopted by |
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the executive commissioner of the Health and Human Services |
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Commission, to a woman who is: |
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(1) diagnosed with postpartum depression, as defined |
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by Section 1366.0565, Insurance Code; and |
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(2) eligible for medical assistance under this |
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chapter. |
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(b) The department shall provide mental health services to a |
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woman under Subsection (a) regardless of whether the woman has been |
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found to be a danger to herself or others. |
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(c) The department may not place an arbitrary or artificial |
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limit on the amount of services that may be provided under |
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Subsection (a). |
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SECTION 2. Subchapter B, Chapter 1366, Insurance Code, is |
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amended by adding Section 1366.0565 to read as follows: |
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Sec. 1366.0565. COVERAGE FOR POSTPARTUM DEPRESSION. (a) |
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In this section, "postpartum depression" means a disorder with |
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postpartum onset that is categorized as a mood disorder by the |
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American Psychiatric Association in the Diagnostic and Statistical |
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Manual of Mental Disorders, fourth edition, or a subsequent edition |
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of that manual that the commissioner by rule adopts to take the |
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place of the fourth edition. |
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(b) A health benefit plan that provides maternity benefits, |
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including benefits for childbirth, must provide to a woman who has |
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given birth to a child coverage for postpartum depression. |
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(c) A health benefit plan may not impose treatment |
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limitations or financial requirements, including copayment, |
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coinsurance, or deductible requirements, on coverage provided |
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under this section that are different from the limitations or |
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requirements imposed on coverage for other medical conditions under |
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the plan. |
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(d) Subchapter A, Chapter 1355, does not apply to coverage |
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provided under this section. |
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(e) Notwithstanding any other law, a standard health |
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benefit plan provided under Chapter 1507 must provide the coverage |
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required by this section. |
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SECTION 3. Section 1366.0565, Insurance Code, as added by |
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this Act, applies only to a health benefit plan that is delivered, |
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issued for delivery, or renewed on or after January 1, 2008. A |
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health benefit plan that is delivered, issued for delivery, or |
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renewed before January 1, 2008, is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2007. |