By: Thompson of Harris, et al. H.B. No. 1584
        (Senate Sponsor - Buckingham)
         (In the Senate - Received from the House May 7, 2019;
  May 10, 2019, read first time and referred to Committee on Business &
  Commerce; May 20, 2019, reported favorably by the following vote:  
  Yeas 8, Nays 0; May 20, 2019, sent to printer.)
Click here to see the committee vote
  relating to health benefit plan coverage of prescription drugs for
  stage-four advanced, metastatic cancer.
         SECTION 1.  Chapter 1369, Insurance Code, is amended by
  adding Subchapter E-1 to read as follows:
         Sec. 1369.211.  DEFINITIONS. In this subchapter:
               (1)  "Associated conditions" means the symptoms or side
  effects associated with stage-four advanced, metastatic cancer or
  its treatment and which, in the judgment of the health care
  practitioner, further jeopardize the health of a patient if left
               (2)  "Stage-four advanced, metastatic cancer" means
  cancer that has spread from the primary or original site of the
  cancer to nearby tissues, lymph nodes, or other areas or parts of
  the body.
         Sec. 1369.212.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies only to a health benefit plan that provides
  benefits for medical or surgical expenses or pharmacy benefits
  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 issued by:
               (1)  an insurance company;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a health maintenance organization operating under
  Chapter 843;
               (4)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844;
               (5)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846;
               (6)  a stipulated premium company operating under
  Chapter 884;
               (7)  a fraternal benefit society operating under
  Chapter 885;
               (8)  a Lloyd's plan operating under Chapter 941; or
               (9)  an exchange operating under Chapter 942.
         (b)  Notwithstanding any other law, this subchapter applies
               (1)  a small employer health benefit plan subject to
  Chapter 1501, including coverage provided through a health group
  cooperative under Subchapter B of that chapter;
               (2)  a standard health benefit plan issued under
  Chapter 1507;
               (3)  a basic coverage plan under Chapter 1551;
               (4)  a basic plan under Chapter 1575;
               (5)  a primary care coverage plan under Chapter 1579;
               (6)  a plan providing basic coverage under Chapter
               (7)  health benefits provided by or through a church
  benefits board under Subchapter I, Chapter 22, Business
  Organizations Code;
               (8)  group health coverage made available by a school
  district in accordance with Section 22.004, Education Code;
               (9)  the state Medicaid program, including the Medicaid
  managed care program operated under Chapter 533, Government Code;
               (10)  the child health plan program under Chapter 62,
  Health and Safety Code;
               (11)  a regional or local health care program operated
  under Section 75.104, Health and Safety Code; and
               (12)  a self-funded health benefit plan sponsored by a
  professional employer organization under Chapter 91, Labor Code.
         (c)  This subchapter applies to coverage under a group health
  benefit plan provided to a resident of this state regardless of
  whether the group policy, agreement, or contract is delivered,
  issued for delivery, or renewed in this state.
         Sec. 1369.213.  PROHIBITED CONDUCT. (a) A health benefit
  plan that provides coverage for stage-four advanced, metastatic
  cancer and associated conditions may not require, before the health
  benefit plan provides coverage of a prescription drug approved by
  the United States Food and Drug Administration, that the enrollee:
               (1)  fail to successfully respond to a different drug;
               (2)  prove a history of failure of a different drug.
         (b)  This section applies only to a drug the use of which is:
               (1)  consistent with best practices for the treatment
  of stage-four advanced, metastatic cancer or an associated
  condition; and
               (2)  supported by peer-reviewed medical literature.
         SECTION 2.  This Act applies only to a health benefit plan
  delivered, issued for delivery, or renewed on or after January 1,
  2020. A health benefit plan delivered, issued for delivery, or
  renewed before January 1, 2020, 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 3.  This Act takes effect September 1, 2019.
  * * * * *