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AN ACT
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relating to health benefit coverage for certain fertility |
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preservation services and notice regarding certain risks of |
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impaired fertility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter X to read as follows: |
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SUBCHAPTER X. INFORMATION REGARDING RISK OF IMPAIRED FERTILITY FROM |
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CANCER TREATMENTS |
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Sec. 161.681. NOTICE FOR CHILDREN RECEIVING CHEMOTHERAPY OR |
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RADIATION. (a) A health care facility at which a child will begin |
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receiving chemotherapy or radiation that may directly or indirectly |
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cause impaired fertility must, before the treatment begins, notify |
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the child's parents or legal guardians of the risk of impaired |
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fertility from treatment. |
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(b) The department shall develop and make available a |
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written notice for a health care facility to use for purposes of |
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this section. |
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SECTION 2. Chapter 1366, Insurance Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. COVERAGE FOR CERTAIN FERTILITY PRESERVATION SERVICES |
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Sec. 1366.101. DEFINITION. In this subchapter, "fertility |
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preservation services": |
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(1) means the collection and preservation of sperm, |
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unfertilized oocytes, and ovarian tissue; and |
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(2) does not include the storage of such unfertilized |
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genetic materials. |
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Sec. 1366.102. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies only to a health benefit plan that provides |
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benefits for medical or surgical expenses incurred as a result of a |
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health condition, accident, or sickness, including an individual, |
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group, blanket, or franchise insurance policy or insurance |
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agreement, a group hospital service contract, or an individual or |
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group evidence of coverage or similar coverage document that is |
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issued in this state by: |
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(1) an insurance company; |
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(2) a group hospital service corporation operating |
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under Chapter 842; |
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(3) a health maintenance organization operating under |
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Chapter 843; |
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(4) an approved nonprofit health corporation that |
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holds a certificate of authority under Chapter 844; |
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(5) a multiple employer welfare arrangement that holds |
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a certificate of authority under Chapter 846; |
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(6) a stipulated premium company operating under |
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Chapter 884; |
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(7) a fraternal benefit society operating under |
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Chapter 885; |
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(8) a Lloyd's plan operating under Chapter 941; or |
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(9) an exchange operating under Chapter 942. |
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(b) Notwithstanding any other law, this subchapter applies |
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to: |
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(1) a small employer health benefit plan subject to |
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Chapter 1501, including coverage provided through a health group |
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cooperative under Subchapter B of that chapter; and |
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(2) a standard health benefit plan issued under |
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Chapter 1507. |
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Sec. 1366.103. EXCEPTIONS. This subchapter does not apply |
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to: |
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(1) a health benefit plan that provides coverage: |
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(A) for wages or payments in lieu of wages for a |
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period during which an employee is absent from work because of |
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sickness or injury; or |
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(B) only for hospital expenses; |
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(2) Medicaid managed care programs operated under |
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Chapter 533, Government Code; |
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(3) Medicaid programs operated under Chapter 32, Human |
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Resources Code; or |
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(4) the state child health plan operated under Chapter |
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62 or 63, Health and Safety Code. |
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Sec. 1366.104. REQUIRED COVERAGE. (a) Subject to |
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Subsection (b), a health benefit plan must provide coverage for |
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fertility preservation services to a covered person who will |
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receive a medically necessary treatment for cancer, including |
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surgery, chemotherapy, or radiation, that the American Society of |
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Clinical Oncology or the American Society for Reproductive Medicine |
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has established may directly or indirectly cause impaired |
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fertility. |
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(b) The fertility preservation services described by |
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Subsection (a) must be standard procedures to preserve fertility |
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consistent with established medical practices or professional |
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guidelines published by the American Society of Clinical Oncology |
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or the American Society for Reproductive Medicine. |
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SECTION 3. Subchapter X, Chapter 161, Health and Safety |
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Code, as added by this Act, applies only to a child who will begin |
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chemotherapy or radiation on or after the effective date of this |
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Act. |
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SECTION 4. Subchapter C, Chapter 1366, Insurance Code, as |
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added by this Act, applies only to a health benefit plan that is |
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delivered, issued for delivery, or renewed on or after January 1, |
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2024. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1649 was passed by the House on May 6, |
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2023, by the following vote: Yeas 104, Nays 31, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1649 on May 25, 2023, by the following vote: Yeas 114, Nays 30, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1649 was passed by the Senate, with |
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amendments, on May 23, 2023, by the following vote: Yeas 27, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |