81R8522 SJM-D
 
  By: Davis of Dallas H.B. No. 1379
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of HIV and AIDS tests and to health
  benefit plan coverage of HIV and AIDS tests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 85, Health and Safety
  Code, is amended by adding Section 85.090 to read as follows:
         Sec. 85.090.  OPT-OUT HIV TESTING IN CERTAIN ROUTINE MEDICAL
  SCREENINGS. (a)  A health care provider that takes a sample of a
  person's blood as part of a routine medical screening shall submit
  the sample for an HIV diagnostic test, regardless of whether an HIV
  test is part of a primary diagnosis, unless the person opts out of
  the HIV test.
         (b)  Before taking a sample of a person's blood, a health
  care provider must verbally inform a person that an HIV test will be
  performed unless the person opts out of the HIV test.
         (c)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules to implement this section.  
  In adopting rules, the executive commissioner must consider the
  most recent recommendations of the federal Centers for Disease
  Control and Prevention for HIV testing of adults and adolescents.
         SECTION 2.  Section 32.024, Human Resources Code, is amended
  by adding Subsection (ee) to read as follows:
         (ee)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules to require the department to
  provide an HIV test in accordance with Chapter 85, Health and Safety
  Code, to a person who receives medical assistance.
         SECTION 3.  Chapter 1364, Insurance Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D.  COVERAGE OF CERTAIN TESTING REQUIRED
         Sec. 1364.151.  DEFINITIONS. In this subchapter, "AIDS" and
  "HIV" have the meanings assigned by Section 81.101, Health and
  Safety Code.
         Sec. 1364.152.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies only to a health benefit plan, including a large
  or small employer health benefit plan written under Chapter 1501,
  that provides benefits for medical or surgical expenses incurred as
  a result of a health condition, accident, or sickness, including an
  individual, group, blanket, or franchise insurance policy or
  insurance agreement, a group hospital service contract, or an
  individual or group evidence of coverage or similar coverage
  document that is offered by:
               (1)  an insurance company;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a fraternal benefit society operating under
  Chapter 885;
               (4)  a stipulated premium company operating under
  Chapter 884;
               (5)  a reciprocal exchange operating under Chapter 942;
               (6)  a Lloyd's plan operating under Chapter 941;
               (7)  a health maintenance organization operating under
  Chapter 843;
               (8)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846; or
               (9)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844.
         (b)  Notwithstanding any provision in Chapter 1551, 1575,
  1579, or 1601 or any other law, this chapter applies to:
               (1)  a basic coverage plan under Chapter 1551;
               (2)  a basic plan under Chapter 1575;
               (3)  a primary care coverage plan under Chapter 1579;
  and
               (4)  basic coverage under Chapter 1601.
         Sec. 1364.153.  COVERAGE OF CERTAIN TESTING REQUIRED. A
  health benefit plan issuer may not exclude or deny coverage for the
  performance of medical tests or procedures to determine HIV
  infection, antibodies to HIV, or infection with any other probable
  causative agent of AIDS, regardless of whether the test or medical
  procedure is related to the primary diagnosis of the health
  condition, accident, or sickness for which the enrollee seeks
  medical or surgical treatment.
         Sec. 1364.154.  RULES. The commissioner may adopt rules
  necessary to implement this subchapter.
         SECTION 4.  The heading to Section 1507.004, Insurance Code,
  is amended to read as follows:
         Sec. 1507.004.  STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
  MINIMUM REQUIREMENTS [REQUIREMENT].
         SECTION 5.  Section 1507.004, Insurance Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Any standard health benefit plan must include coverage
  for tests or procedures to determine HIV infection, antibodies to
  HIV, or infection with any other probable causative agent of AIDS
  under Subchapter D, Chapter 1364.
         SECTION 6.  Section 1507.054, Insurance Code, is amended to
  read as follows:
         Sec. 1507.054.  STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
  MINIMUM REQUIREMENTS.  (a) A health maintenance organization
  authorized to issue an evidence of coverage in this state may offer
  one or more standard health benefit plans.
         (b)  Any standard health benefit plan must include coverage
  for tests or procedures to determine HIV infection, antibodies to
  HIV, or infection with any other probable causative agent of AIDS
  under Subchapter D, Chapter 1364.
         SECTION 7.  If before implementing the change in law made by
  Section 32.024(ee), Human Resources Code, as added by this Act, a
  state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that change in
  law, the agency affected by the change in law shall request the
  waiver or authorization and may delay implementing that change in
  law until the waiver or authorization is granted.
         SECTION 8.  Subchapter D, Chapter 1364, Insurance Code, as
  added by this Act, and Sections 1507.004 and 1507.054, Insurance
  Code, as amended by this Act, apply 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 covered by the
  law in effect at the time the health benefit plan was delivered,
  issued for delivery, or renewed, and that law is continued in effect
  for that purpose.
         SECTION 9.  (a)  The executive commissioner of the Health and
  Human Services Commission shall adopt the rules required by Section
  85.090, Health and Safety Code, as added by this Act, and Section
  32.024(ee), Human Resources Code, as added by this Act, not later
  than January 1, 2010.
         (b)  Notwithstanding Section 85.090, Health and Safety Code,
  as added by this Act, a health care provider is not required to
  comply with that section until January 1, 2010.
         SECTION 10.  This Act takes effect September 1, 2009.