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A BILL TO BE ENTITLED
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AN ACT
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relating to covered benefits under the child health plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.151, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsections (g) and |
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(h) to read as follows: |
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(c) In modifying the plan, the executive commissioner, |
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except as provided by Subsection (g), shall ensure that primary and |
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preventive health benefits do not include reproductive services, |
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other than prenatal care and care related to diseases, illnesses, |
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or abnormalities related to the reproductive system. |
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(g) Subject to Subsection (h), the child health plan must |
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provide coverage for prescription contraceptive drugs, supplies, |
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or devices approved by the United States Food and Drug |
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Administration. The child health plan may not provide coverage for |
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abortifacients or any other drug or device that terminates a |
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pregnancy. |
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(h) The child health plan may provide coverage for |
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prescription contraceptive drugs, supplies, or devices for an |
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enrolled child younger than 18 years of age for the purpose of |
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primary and preventive reproductive health care only if the |
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prescribing or dispensing health care provider receives written |
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consent from the enrolled child's parent, guardian, or managing |
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conservator, from another adult if authorized under Section 32.001, |
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Family Code, or from the enrolled child if authorized under Section |
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32.003, Family Code, for the prescription or dispensing of the |
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contraceptive drug, supply, or device. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |