Bill Text: TX HB389 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to health benefit coverage for certain fertility preservation services under certain health benefit plans.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2023-05-11 - Postponed 1/1/24 10:00 AM [HB389 Detail]
Download: Texas-2023-HB389-Comm_Sub.html
| 88R1770 CJD-F | ||
| By: Collier, Button, Thierry, Ordaz | H.B. No. 389 | |
|
|
||
|
|
||
| relating to health benefit coverage for certain fertility | ||
| preservation services under certain health benefit plans. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 1366, Insurance Code, is amended by | ||
| adding Subchapter C to read as follows: | ||
| SUBCHAPTER C. COVERAGE FOR CERTAIN FERTILITY PRESERVATION SERVICES | ||
| Sec. 1366.101. APPLICABILITY OF SUBCHAPTER. (a) This | ||
| subchapter applies only to a health benefit plan that provides | ||
| benefits for medical or surgical expenses incurred as a result of a | ||
| health condition, accident, or sickness, including an individual, | ||
| group, blanket, or franchise insurance policy or insurance | ||
| agreement, a group hospital service contract, or an individual or | ||
| group evidence of coverage or similar coverage document that is | ||
| issued in this state by: | ||
| (1) an insurance company; | ||
| (2) a group hospital service corporation operating | ||
| under Chapter 842; | ||
| (3) a health maintenance organization operating under | ||
| Chapter 843; | ||
| (4) an approved nonprofit health corporation that | ||
| holds a certificate of authority under Chapter 844; | ||
| (5) a multiple employer welfare arrangement that holds | ||
| a certificate of authority under Chapter 846; | ||
| (6) a stipulated premium company operating under | ||
| Chapter 884; | ||
| (7) a fraternal benefit society operating under | ||
| Chapter 885; | ||
| (8) a Lloyd's plan operating under Chapter 941; or | ||
| (9) an exchange operating under Chapter 942. | ||
| (b) Notwithstanding any other law, this subchapter applies | ||
| to: | ||
| (1) a small employer health benefit plan subject to | ||
| Chapter 1501, including coverage provided through a health group | ||
| cooperative under Subchapter B of that chapter; and | ||
| (2) a standard health benefit plan issued under | ||
| Chapter 1507. | ||
| Sec. 1366.102. EXCEPTIONS. This subchapter does not apply | ||
| to: | ||
| (1) a health benefit plan that provides coverage: | ||
| (A) for wages or payments in lieu of wages for a | ||
| period during which an employee is absent from work because of | ||
| sickness or injury; or | ||
| (B) only for hospital expenses; | ||
| (2) Medicaid managed care programs operated under | ||
| Chapter 533, Government Code; | ||
| (3) Medicaid programs operated under Chapter 32, Human | ||
| Resources Code; or | ||
| (4) the state child health plan operated under Chapter | ||
| 62 or 63, Health and Safety Code. | ||
| Sec. 1366.103. REQUIRED COVERAGE. (a) Subject to | ||
| Subsection (b), a health benefit plan must provide coverage for | ||
| fertility preservation services to a covered person who will | ||
| receive a medically necessary treatment, including surgery, | ||
| chemotherapy, and radiation, that the American Society of Clinical | ||
| Oncology or the American Society for Reproductive Medicine has | ||
| established may directly or indirectly cause impaired fertility. | ||
| (b) The fertility preservation services described by | ||
| Subsection (a) must be standard procedures to preserve fertility | ||
| consistent with established medical practices or professional | ||
| guidelines published by the American Society of Clinical Oncology | ||
| or the American Society for Reproductive Medicine. | ||
| SECTION 2. This Act applies only to a health benefit plan | ||
| that is delivered, issued for delivery, or renewed on or after | ||
| January 1, 2024. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
