88R12307 CJD-D
 
  By: Jones of Dallas H.B. No. 2985
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prior authorization for prescription drug benefits
  related to the prevention of human immunodeficiency virus
  infections.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1369, Insurance Code, is amended by
  adding Subchapter P to read as follows:
  SUBCHAPTER P. COVERAGE OF PRESCRIPTION DRUGS FOR PREVENTING HUMAN
  IMMUNODEFICIENCY VIRUS INFECTION
         Sec. 1369.751.  DEFINITION. In this subchapter,
  "prescription drug" has the meaning assigned by Section 551.003,
  Occupations Code.
         Sec. 1369.752.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies only to a health benefit plan that provides
  benefits for medical, surgical, or prescription drug expenses
  incurred as a result of a health condition, accident, or sickness,
  including an individual, group, blanket, or franchise insurance
  policy or insurance agreement, a group hospital service contract,
  or an individual or group evidence of coverage or similar coverage
  document that is issued by:
               (1)  an insurance company;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a health maintenance organization operating under
  Chapter 843;
               (4)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844;
               (5)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846;
               (6)  a stipulated premium company operating under
  Chapter 884;
               (7)  a fraternal benefit society operating under
  Chapter 885;
               (8)  a Lloyd's plan operating under Chapter 941; or
               (9)  an exchange operating under Chapter 942.
         (b)  Notwithstanding any other law, this subchapter applies
  to:
               (1)  a small employer health benefit plan subject to
  Chapter 1501, including coverage provided through a health group
  cooperative under Subchapter B of that chapter;
               (2)  a standard health benefit plan issued under
  Chapter 1507;
               (3)  a basic coverage plan under Chapter 1551;
               (4)  a basic plan under Chapter 1575;
               (5)  a primary care coverage plan under Chapter 1579;
               (6)  a plan providing basic coverage under Chapter
  1601;
               (7)  health benefits provided by or through a church
  benefits board under Subchapter I, Chapter 22, Business
  Organizations Code;
               (8)  the state Medicaid program, including the Medicaid
  managed care program operated under Chapter 533, Government Code;
               (9)  the child health plan program under Chapter 62,
  Health and Safety Code;
               (10)  a self-funded health benefit plan sponsored by a
  professional employer organization under Chapter 91, Labor Code;
               (11)  county employee group health benefits provided
  under Chapter 157, Local Government Code; and
               (12)  health and accident coverage provided by a risk
  pool created under Chapter 172, Local Government Code.
         (c)  This subchapter applies to coverage under a group health
  benefit plan provided to a resident of this state regardless of
  whether the group policy, agreement, or contract is delivered,
  issued for delivery, or renewed in this state.
         Sec. 1369.753.  EXCEPTION. This subchapter does not apply
  to an individual health benefit plan issued on or before March 23,
  2010, that has not had any significant changes since that date that
  reduce benefits or increase costs to the individual.
         Sec. 1369.754.  PROHIBITION ON PRIOR AUTHORIZATION. A
  health benefit plan issuer that provides prescription drug benefits
  may not require an enrollee to receive a prior authorization of the
  prescription drug benefit for a prescription drug prescribed to
  prevent human immunodeficiency virus infection.
         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.  The changes in law made by this Act apply only to
  a health benefit plan delivered, issued for delivery, or renewed on
  or after January 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.