81R6436 PMO-D
 
  By: Ortiz, Jr. H.B. No. 1059
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to benefits under certain health benefit plans for
  prenatal care, birth of a child, and postdelivery care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 1366, Insurance Code, is
  amended by adding Sections 1366.0545, 1366.0546, and 1366.0547 to
  read as follows:
         Sec. 1366.0545.  COVERAGE FOR PRENATAL CARE REQUIRED. A
  health benefit plan must provide to a pregnant enrollee benefits
  for prenatal care that are:
               (1)  recommended under generally accepted standards of
  medical practice; or
               (2)  medically necessary for the enrollee.
         Sec. 1366.0546.  COVERAGE FOR BIRTH OF CHILD REQUIRED. A
  health benefit plan must provide coverage to a female enrollee and
  the enrollee's child for medical and other health care services
  provided in connection with the birth of the child.
         Sec. 1366.0547.  ACCESS TO OBSTETRICAL OR GYNECOLOGICAL
  CARE.  Except as otherwise provided by this subchapter, coverage
  under Sections 1366.0545 and 1366.0546 is subject to Subchapter F,
  Chapter 1451.
         SECTION 2.  Section 1366.055(a), Insurance Code, is amended
  to read as follows:
         (a)  Except as provided by Subsection (b), a health benefit
  plan [that provides maternity benefits, including benefits for
  childbirth,] must provide to a woman who has given birth to a child
  and the newborn child coverage for inpatient care in a health care
  facility for not less than:
               (1)  48 hours after an uncomplicated vaginal delivery;
  and
               (2)  96 hours after an uncomplicated delivery by
  cesarean section.
         SECTION 3.  Section 1366.059, Insurance Code, is amended to
  read as follows:
         Sec. 1366.059.  RULES.  The commissioner, in accordance with
  Subchapter A, Chapter 36, shall adopt rules necessary to administer
  this subchapter.  The rules may coordinate benefits required under
  this subchapter with analogous benefits required under federal law.
         SECTION 4.  This Act applies only to a health benefit plan
  that is delivered, issued for delivery, or renewed on or after
  January 1, 2010. A health benefit plan that is delivered, issued for
  delivery, or renewed before January 1, 2010, is governed by the law
  as it existed immediately before the effective date of this Act, and
  that law is continued in effect for this purpose.
         SECTION 5.  This Act takes effect September 1, 2009.