By: Howard H.B. No. 835
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to covered benefits under the child health plan.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.151, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsections (g) and
  (h) to read as follows:
         (c)  In modifying the plan, the executive commissioner,
  except as provided by Subsection (g), shall ensure that primary and
  preventive health benefits do not include reproductive services,
  other than prenatal care and care related to diseases, illnesses,
  or abnormalities related to the reproductive system.
         (g)  Subject to Subsection (h), the child health plan must
  provide as covered benefits prescription contraceptive drugs,
  supplies, or devices approved by the United States Food and Drug
  Administration. The child health plan may not provide coverage for
  abortifacients or any other drug or device that terminates a
  pregnancy.
         (h)  The child health plan may provide as covered benefits
  prescription contraceptive drugs, supplies, or devices for an
  enrolled child younger than 18 years of age for the purpose of
  primary and preventive reproductive health care only if the
  prescribing or dispensing health care provider receives written
  consent from the enrolled child's parent, guardian, or managing
  conservator, or from the enrolled child or other adult if
  authorized under Sections 32.001 or 32.003, Family Code, for the
  prescription or dispensing of the contraceptive drug, supply, or
  device.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.