86R1361 KKR-D
 
  By: Wu H.B. No. 762
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to HIV and AIDS tests and to health benefit plan coverage
  of HIV and AIDS tests.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter D, Chapter 85, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER D.  HIV TESTING, TESTING PROGRAMS, AND COUNSELING
         SECTION 2.  Subchapter D, Chapter 85, Health and Safety
  Code, is amended by adding Section 85.0815 to read as follows:
         Sec. 85.0815.  OPT-OUT HIV TESTING IN CERTAIN ROUTINE
  MEDICAL SCREENINGS. (a)  A health care provider who takes a sample
  of a person's blood as part of an annual medical screening shall
  submit the sample for an HIV diagnostic test, regardless of whether
  an HIV test is part of a primary diagnosis, unless the person opts
  out of the HIV test.
         (b)  Before taking a sample of a person's blood as part of an
  annual medical screening, a health care provider must verbally
  inform the person that an HIV test will be performed unless the
  person opts out of the HIV test.
         (c)  The executive commissioner shall adopt rules to
  implement this section.  In adopting rules, the executive
  commissioner must consider the most recent recommendations of the
  Centers for Disease Control and Prevention for HIV testing of
  adults and adolescents.
         SECTION 3.  Section 32.024, Human Resources Code, is amended
  by adding Subsection (ee) to read as follows:
         (ee)  The executive commissioner shall adopt rules to
  require the commission to provide an HIV test in accordance with
  Section 85.0815, Health and Safety Code, to a person who receives
  medical assistance.
         SECTION 4.  Chapter 1364, Insurance Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D.  COVERAGE OF CERTAIN TESTING REQUIRED
         Sec. 1364.151.  DEFINITIONS. In this subchapter, "AIDS" and
  "HIV" have the meanings assigned by Section 81.101, Health and
  Safety Code.
         Sec. 1364.152.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies only to a health benefit plan, including a large
  or small employer health benefit plan written under Chapter 1501,
  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 offered by:
               (1)  an insurance company;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a fraternal benefit society operating under
  Chapter 885;
               (4)  a stipulated premium company operating under
  Chapter 884;
               (5)  a reciprocal exchange operating under Chapter 942;
               (6)  a Lloyd's plan operating under Chapter 941;
               (7)  a health maintenance organization operating under
  Chapter 843;
               (8)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846; or
               (9)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844.
         (b)  Notwithstanding any provision in Chapter 1551, 1575,
  1579, or 1601 or any other law, this subchapter applies to:
               (1)  a basic coverage plan under Chapter 1551;
               (2)  a basic plan under Chapter 1575;
               (3)  a primary care coverage plan under Chapter 1579;
  and
               (4)  basic coverage under Chapter 1601.
         Sec. 1364.153.  COVERAGE OF CERTAIN TESTING REQUIRED. A
  health benefit plan issuer may not exclude or deny coverage for the
  performance of medical tests or procedures to determine HIV
  infection, antibodies to HIV, or infection with any other probable
  causative agent of AIDS, regardless of whether the test or medical
  procedure is related to the primary diagnosis of the health
  condition, accident, or sickness for which the enrollee seeks
  medical or surgical treatment.
         Sec. 1364.154.  RULES. The commissioner may adopt rules
  necessary to implement this subchapter.
         SECTION 5.  The heading to Section 1507.004, Insurance Code,
  is amended to read as follows:
         Sec. 1507.004.  STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
  MINIMUM REQUIREMENTS [REQUIREMENT].
         SECTION 6.  Section 1507.004, Insurance Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  Any standard health benefit plan must include coverage
  for tests or procedures to determine HIV infection, antibodies to
  HIV, or infection with any other probable causative agent of AIDS as
  required by Subchapter D, Chapter 1364.
         SECTION 7.  Section 1507.054, Insurance Code, is amended to
  read as follows:
         Sec. 1507.054.  STANDARD HEALTH BENEFIT PLANS AUTHORIZED;
  MINIMUM REQUIREMENTS.  (a) A health maintenance organization
  authorized to issue an evidence of coverage in this state may offer
  one or more standard health benefit plans.
         (b)  Any standard health benefit plan must include coverage
  for tests or procedures to determine HIV infection, antibodies to
  HIV, or infection with any other probable causative agent of AIDS as
  required by Subchapter D, Chapter 1364.
         SECTION 8.  If before implementing the change in law made by
  Section 32.024(ee), Human Resources Code, as added by this Act, a
  state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that change in
  law, the agency affected by the change in law shall request the
  waiver or authorization and may delay implementing that change in
  law until the waiver or authorization is granted.
         SECTION 9.  Subchapter D, Chapter 1364, Insurance Code, as
  added by this Act, and Sections 1507.004 and 1507.054, Insurance
  Code, as amended by this Act, apply only to a health benefit plan
  that is delivered, issued for delivery, or renewed on or after
  January 1, 2020. A health benefit plan that is delivered, issued
  for delivery, or renewed before January 1, 2020, is covered by the
  law in effect at the time the health benefit plan was delivered,
  issued for delivery, or renewed, and that law is continued in effect
  for that purpose.
         SECTION 10.  (a)  The executive commissioner of the Health
  and Human Services Commission shall adopt the rules required by
  Section 85.0815, Health and Safety Code, as added by this Act, and
  Section 32.024(ee), Human Resources Code, as added by this Act, not
  later than January 1, 2020.
         (b)  Notwithstanding Section 85.0815, Health and Safety
  Code, as added by this Act, a health care provider is not required
  to comply with that section until January 1, 2020.
         SECTION 11.  This Act takes effect September 1, 2019.