Bill Text: TX HB2813 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to health benefit plan coverage for ovarian cancer screening.

Sponsorship: Slight Partisan Bill (Republican 65-33)

Status: (Passed) 2015-05-28 - Effective on 9/1/15 [HB2813 Detail]

Download: Texas-2015-HB2813-Enrolled.html

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H.B. No. 2813

AN ACT
relating to health benefit plan coverage for ovarian cancer
screening.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 1370, Insurance Code, is
amended to read as follows:
CHAPTER 1370. CERTAIN TESTS FOR DETECTION OF HUMAN PAPILLOMAVIRUS,
OVARIAN CANCER, AND CERVICAL CANCER
SECTION 2. Section 1370.002, Insurance Code, is amended to
read as follows:
Sec. 1370.002. EXCEPTIONS [EXCEPTION]. (a) This chapter
does not apply to:
(1) a plan that provides coverage:
(A) only for benefits for a specified disease or
for another limited benefit, other than a plan that provides
benefits for cancer treatment or similar services;
(B) only for accidental death or dismemberment;
(C) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury;
(D) as a supplement to a liability insurance
policy;
(E) only for dental or vision care; or
(F) only for indemnity for hospital confinement;
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
(3) a workers' compensation insurance policy;
(4) medical payment insurance coverage provided under
an automobile insurance policy;
(5) a credit insurance policy;
(6) a limited benefit policy that does not provide
coverage for physical examinations or wellness exams; or
(7) a long-term care insurance policy, including a
nursing home fixed indemnity policy, unless the commissioner
determines that the policy provides benefit coverage so
comprehensive that the policy is a health benefit plan as described
by Section 1370.001.
(b) To the extent that providing coverage for ovarian cancer
screening under this chapter would otherwise require this state to
make a payment under 42 U.S.C. Section 18031(d)(3)(B)(ii), a
qualified health plan, as defined by 45 C.F.R. Section 155.20, is
not required to provide a benefit for the ovarian cancer screening
under this chapter that exceeds the specified essential health
benefits required under 42 U.S.C. Section 18022(b).
SECTION 3. Sections 1370.003(a) and (b), Insurance Code,
are amended to read as follows:
(a) A health benefit plan t
hat provides coverage for
diagnostic medical procedures must provide to each woman 18 years
of age or older enrolled in the plan coverage for expenses for an
annual medically recognized diagnostic examination for the early
detection of ovarian cancer and cervical cancer.
(b) Coverage required under this section includes at a
minimum:
(1) a CA 125 blood test; and
(2) a conventional Pap smear screening or a screening
using liquid-based cytology methods, as approved by the United
States Food and Drug Administration, alone or in combination with a
test approved by the United States Food and Drug Administration for
the detection of the human papillomavirus.
SECTION 4. The change in law made by this Act applies only
to a health benefit plan that is delivered, issued for delivery, or
renewed on or after the effective date of this Act. A plan that is
delivered, issued for delivery, or renewed before the effective
date of this Act 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2813 was passed by the House on April
22, 2015, by the following vote: Yeas 129, Nays 8, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2813 on May 18, 2015, by the following vote: Yeas 123, Nays 6,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2813 was passed by the Senate, with
amendments, on May 13, 2015, by the following vote: Yeas 22, Nays
9.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor