87R2614 KKR-D
 
  By: Coleman H.B. No. 4144
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to coverage for certain services relating to postpartum
  depression under the medical assistance and CHIP perinatal
  programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 62, Health and Safety Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E. CHIP PERINATAL PROGRAM
         Sec. 62.201.  DEFINITION. In this subchapter, "postpartum
  depression" means a disorder with postpartum onset that is
  categorized as a mood disorder by the American Psychiatric
  Association in the Diagnostic and Statistical Manual of Mental
  Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by
  rule by the executive commissioner.
         Sec. 62.202.  COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)
  The covered services under the CHIP perinatal program must include,
  for each woman who gives birth to a child who is enrolled in the CHIP
  perinatal program before birth, screening and treatment for
  postpartum depression for the 12-month period after the date the
  woman gives birth to the child.
         (b)  The coverage for postpartum depression provided under
  Subsection (a):
               (1)  must provide mental health services to a woman
  regardless of whether the woman has been found to be a danger to
  herself or others; and
               (2)  may not place an arbitrary or artificial limit on
  the amount of services that may be provided.
         (c)  The executive commissioner shall adopt rules necessary
  to implement this section.
         SECTION 2.  Section 32.024, Human Resources Code, is amended
  by adding Subsection (l-1) to read as follows:
         (l-1)  The commission shall continue to provide medical
  assistance to a woman who is eligible for medical assistance for
  pregnant women for a period of not less than 12 months following the
  date the woman gives birth.
         SECTION 3.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02491 to read as follows:
         Sec. 32.02491.  SERVICES RELATED TO POSTPARTUM DEPRESSION.  
  (a)  For purposes of this section, "postpartum depression" means a
  disorder with postpartum onset that is categorized as a mood
  disorder by the American Psychiatric Association in the Diagnostic
  and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or
  a subsequent edition adopted by rule by the executive commissioner.
         (b)  The commission shall provide to a woman who receives
  medical assistance benefits during a pregnancy screening and
  treatment for postpartum depression for the 12-month period after
  the date the woman gives birth.
         (c)  The commission shall provide mental health services to a
  woman under Subsection (b) regardless of whether the woman has been
  found to be a danger to herself or others.
         (d)  The commission may not place an arbitrary or artificial
  limit on the amount of services that may be provided under
  Subsection (b).
         (e)  The executive commissioner shall adopt rules necessary
  to implement this section.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall develop and seek a waiver or other
  appropriate authorization from the Centers for Medicare and
  Medicaid Services to extend the number of postpartum visits a woman
  may receive under the CHIP perinatal program in order to implement
  Section 62.202, Health and Safety Code, as added by this Act.
         SECTION 5.  If before implementing any provision of this Act
  a state agency determines that an additional waiver or additional
  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 6.  This Act takes effect September 1, 2021.