85R4955 MEW-D
 
  By: Farrar H.B. No. 2603
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to coverage for serious mental illness under certain group
  health benefit plans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1355.001, Insurance Code, is amended by
  amending Subdivision (1) and adding Subdivision (5) to read as
  follows:
               (1)  "Serious mental illness" means the following
  psychiatric illnesses as defined by the American Psychiatric
  Association in the Diagnostic and Statistical Manual of Mental
  Disorders (DSM), fifth edition, or a later edition adopted by the
  commissioner:
                     (A)  bipolar disorders (hypomanic, manic,
  depressive, and mixed);
                     (B)  depression in childhood and adolescence;
                     (C)  major depressive disorders (single episode
  or recurrent);
                     (D)  obsessive-compulsive disorders;
                     (E)  paranoid and other psychotic disorders;
                     (F)  posttraumatic stress disorder;
                     (G)  schizo-affective disorders (bipolar or
  depressive); and
                     (H) [(G)]  schizophrenia.
               (5)  "Posttraumatic stress disorder" means a disorder
  that:
                     (A)  meets the diagnostic criteria for
  posttraumatic stress disorder specified by the American
  Psychiatric Association in the Diagnostic and Statistical Manual of
  Mental Disorders, fifth edition, or a later edition adopted by the
  commissioner; and
                     (B)  results in an impairment of a person's
  functioning in the person's community, employment, family, school,
  or social group.
         SECTION 2.  The heading to Section 1355.003, Insurance Code,
  is amended to read as follows:
         Sec. 1355.003.  EXCEPTIONS [EXCEPTION].
         SECTION 3.  Section 1355.003, Insurance Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  This subchapter, or the applicable portion of this
  subchapter, does not apply to a qualified health plan to the extent
  that a determination is made under 45 C.F.R. Section 155.170 that:
               (1)  this subchapter or a portion of this subchapter
  requires the plan to offer benefits in addition to the essential
  health benefits required under 42 U.S.C. Section 18022(b); and
               (2)  this state is required to defray the cost of the
  benefits mandated under this subchapter or a portion of this
  subchapter.
         SECTION 4.  The change in law made by this Act applies only
  to a group health benefit plan that is delivered, issued for
  delivery, or renewed on or after January 1, 2018. A group health
  benefit plan that is delivered, issued for delivery, or renewed
  before January 1, 2018, is governed by the law as it existed
  immediately before the effective date of this Act, and that law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2017.