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A BILL TO BE ENTITLED
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AN ACT
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relating to coverage for certain services relating to postpartum |
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depression under the Medicaid and CHIP perinatal programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 62, Health and Safety Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. CHIP PERINATAL PROGRAM |
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Sec. 62.201. DEFINITION. In this subchapter, "postpartum |
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depression" means a disorder with postpartum onset that is |
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categorized as a mood disorder by the American Psychiatric |
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Association in the Diagnostic and Statistical Manual of Mental |
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Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by |
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rule by the executive commissioner. |
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Sec. 62.202. COVERAGE FOR POSTPARTUM DEPRESSION SCREENING |
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AND TREATMENT. (a) The covered services under the CHIP perinatal |
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program must include, for each woman who gives birth to a child who |
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is enrolled in the CHIP perinatal program before birth, screening |
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and treatment for postpartum depression for the 12-month period |
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after the date the woman gives birth to the child. |
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(b) The coverage for postpartum depression provided under |
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Subsection (a): |
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(1) must provide mental health services to a woman |
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regardless of whether the woman has been found to be a danger to |
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herself or others; and |
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(2) may not place an arbitrary or artificial limit on |
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the amount of services that may be provided. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. Section 32.024(l-1), Human Resources Code, is |
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amended to read as follows: |
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(l-1) The commission shall continue to provide medical |
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assistance to a woman who is eligible for medical assistance for |
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pregnant women for a period of not less than 12 [six] months |
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following the date the woman gives birth [delivers or experiences |
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an involuntary miscarriage]. |
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SECTION 3. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02491 to read as follows: |
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Sec. 32.02491. SCREENING AND TREATMENT SERVICES FOR |
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POSTPARTUM DEPRESSION. (a) For purposes of this section, |
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"postpartum depression" has the meaning assigned by Section |
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62.201, Health and Safety Code. |
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(b) The commission shall provide a woman who receives |
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medical assistance benefits during a pregnancy screening and |
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treatment for postpartum depression for the 12-month period after |
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the date the woman gives birth. |
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(c) The commission shall provide mental health services to a |
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woman under Subsection (b) regardless of whether the woman has been |
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found to be a danger to herself or others. |
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(d) The commission may not place an arbitrary or artificial |
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limit on the amount of services that may be provided under |
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Subsection (b). |
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(e) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall develop and seek a waiver or other |
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appropriate authorization from the Centers for Medicare and |
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Medicaid Services to extend the number of postpartum visits a woman |
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may receive under the CHIP perinatal program in order to implement |
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Section 62.202, Health and Safety Code, as added by this Act. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that an additional waiver or additional |
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authorization from a federal agency is necessary for implementation |
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of that provision, the agency affected by the provision shall |
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request the waiver or authorization and may delay implementing that |
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provision until the waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2023. |