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A BILL TO BE ENTITLED
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AN ACT
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relating to required notice of the cost and health benefit plan |
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coverage of newborn screening tests. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 33, Health and Safety |
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Code, is amended by adding Section 33.019 to read as follows: |
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Sec. 33.019. NOTICE OF COST. (a) The department shall |
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publish on its Internet website the cost of a newborn screening test |
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kit to be used to comply with the test requirements of Section |
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33.011. |
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(b) The department may change the cost published under |
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Subsection (a) not later than the 90th day before the date the |
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department publishes notice of the change on its Internet website. |
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If the department changes the cost under this subsection, the |
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department shall retain a record of the previous cost until the |
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first anniversary of the date of the change. |
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SECTION 2. Section 1271.154, Insurance Code, is amended to |
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read as follows: |
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Sec. 1271.154. WELL-CHILD CARE FROM BIRTH. (a) In this |
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section, "well-child care from birth" has the meaning used under |
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Section 1302, Public Health Service Act (42 U.S.C. Section 300e-1), |
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and its subsequent amendments. The term includes administration of |
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newborn screening required by the [Texas] Department of State |
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Health Services and the cost of the newborn screening test kit |
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described by Section 33.019, Health and Safety Code. |
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(b) A health maintenance organization shall ensure that |
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each health care plan provided by the health maintenance |
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organization includes well-child care from birth that complies |
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with: |
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(1) federal requirements adopted under Chapter XI, |
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Public Health Service Act (42 U.S.C. Section 300e et seq.), and its |
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subsequent amendments; and |
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(2) the rules adopted by the executive commissioner |
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[Texas Department] of the Health and Human Services Commission to |
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implement those requirements, including rules on the cost of the |
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newborn screening test kit described by Section 33.019, Health and |
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Safety Code. |
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SECTION 3. Section 1367.003, Insurance Code, is amended to |
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read as follows: |
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Sec. 1367.003. CERTAIN LIMITATIONS ON COVERAGE FOR NEWBORN |
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CHILDREN PROHIBITED. A health benefit plan that provides maternity |
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benefits or accident and health coverage for additional newborn |
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children may not be issued in this state if the plan excludes or |
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limits: |
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(1) initial coverage of a newborn child for a period of |
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time; [or] |
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(2) coverage for congenital defects of a newborn |
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child; or |
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(3) coverage for administration of the newborn |
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screening tests required by Section 33.011, Health and Safety Code, |
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including for the cost of a newborn screening test kit in the amount |
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provided by the Department of State Health Services on its Internet |
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website under Section 33.019 of that code on the date the test was |
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administered. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement this |
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Act. |
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SECTION 5. The change in law made by this Act applies only |
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to a health benefit plan delivered, issued for delivery, or renewed |
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on or after January 1, 2020. A health benefit plan delivered, |
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issued for delivery, or renewed before January 1, 2020, is governed |
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by the law as it existed immediately before the effective date of |
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this Act, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |