By: Kolkhorst  S.B. No. 747
         (In the Senate - Filed February 11, 2019; March 1, 2019,
  read first time and referred to Committee on Business & Commerce;
  March 27, 2019, reported favorably by the following vote:  Yeas 9,
  Nays 0; March 27, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to required notice of the cost and health benefit plan
  coverage of newborn screening tests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 33, Health and Safety
  Code, is amended by adding Section 33.019 to read as follows:
         Sec. 33.019.  NOTICE OF COST. (a)  The department shall
  publish on its Internet website the cost of a newborn screening test
  kit to be used to comply with the test requirements of Section
  33.011.
         (b)  The department may change the cost published under
  Subsection (a) not later than the 90th day before the date the
  department publishes notice of the change on its Internet website.
  If the department changes the cost under this subsection, the
  department shall retain a record of the previous cost until the
  first anniversary of the date of the change.
         SECTION 2.  Section 1271.154, Insurance Code, is amended to
  read as follows:
         Sec. 1271.154.  WELL-CHILD CARE FROM BIRTH.  (a)  In this
  section, "well-child care from birth" has the meaning used under
  Section 1302, Public Health Service Act (42 U.S.C. Section 300e-1),
  and its subsequent amendments.  The term includes administration of 
  newborn screening required by the [Texas] Department of State
  Health Services and the cost of the newborn screening test kit
  described by Section 33.019, Health and Safety Code.
         (b)  A health maintenance organization shall ensure that
  each health care plan provided by the health maintenance
  organization includes well-child care from birth that complies
  with:
               (1)  federal requirements adopted under Chapter XI,
  Public Health Service Act (42 U.S.C. Section 300e et seq.), and its
  subsequent amendments; and
               (2)  the rules adopted by the executive commissioner
  [Texas Department] of the Health and Human Services Commission to
  implement those requirements, including rules on the cost of the
  newborn screening test kit described by Section 33.019, Health and
  Safety Code.
         SECTION 3.  Section 1367.003, Insurance Code, is amended to
  read as follows:
         Sec. 1367.003.  CERTAIN LIMITATIONS ON COVERAGE FOR NEWBORN
  CHILDREN PROHIBITED. A health benefit plan that provides maternity
  benefits or accident and health coverage for additional newborn
  children may not be issued in this state if the plan excludes or
  limits:
               (1)  initial coverage of a newborn child for a period of
  time; [or]
               (2)  coverage for congenital defects of a newborn
  child; or
               (3)  coverage for administration of the newborn
  screening tests required by Section 33.011, Health and Safety Code,
  including for the cost of a newborn screening test kit in the amount
  provided by the Department of State Health Services on its Internet
  website under Section 33.019 of that code on the date the test was
  administered.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement this
  Act.
         SECTION 5.  The change in law made by 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 6.  This Act takes effect September 1, 2019.
 
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