Bill Text: TX HB2135 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to coverage for certain services relating to postpartum depression under the medical assistance and CHIP perinatal programs.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2017-05-04 - Committee report sent to Calendars [HB2135 Detail]
Download: Texas-2017-HB2135-Comm_Sub.html
| 85R18350 KKR-D | |||
| By: Coleman, Farrar, Guillen | H.B. No. 2135 | ||
| Substitute the following for H.B. No. 2135: | |||
| By: Cortez | C.S.H.B. No. 2135 | ||
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| 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, 2017. | ||
