Bill Text: TX HB1649 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to health benefit coverage for certain fertility preservation services and notice regarding certain risks of impaired fertility.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB1649 Detail]
Download: Texas-2023-HB1649-Enrolled.html
| H.B. No. 1649 | ||
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| relating to health benefit coverage for certain fertility | ||
| preservation services and notice regarding certain risks of | ||
| impaired fertility. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
| by adding Subchapter X to read as follows: | ||
| SUBCHAPTER X. INFORMATION REGARDING RISK OF IMPAIRED FERTILITY FROM | ||
| CANCER TREATMENTS | ||
| Sec. 161.681. NOTICE FOR CHILDREN RECEIVING CHEMOTHERAPY OR | ||
| RADIATION. (a) A health care facility at which a child will begin | ||
| receiving chemotherapy or radiation that may directly or indirectly | ||
| cause impaired fertility must, before the treatment begins, notify | ||
| the child's parents or legal guardians of the risk of impaired | ||
| fertility from treatment. | ||
| (b) The department shall develop and make available a | ||
| written notice for a health care facility to use for purposes of | ||
| this section. | ||
| SECTION 2. 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. DEFINITION. In this subchapter, "fertility | ||
| preservation services": | ||
| (1) means the collection and preservation of sperm, | ||
| unfertilized oocytes, and ovarian tissue; and | ||
| (2) does not include the storage of such unfertilized | ||
| genetic materials. | ||
| Sec. 1366.102. 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. 1366.103. 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. 1366.104. 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 for cancer, including | ||
| surgery, chemotherapy, or 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 3. Subchapter X, Chapter 161, Health and Safety | ||
| Code, as added by this Act, applies only to a child who will begin | ||
| chemotherapy or radiation on or after the effective date of this | ||
| Act. | ||
| SECTION 4. Subchapter C, Chapter 1366, Insurance Code, as | ||
| added by this Act, applies only to a health benefit plan that is | ||
| delivered, issued for delivery, or renewed on or after January 1, | ||
| 2024. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 1649 was passed by the House on May 6, | ||
| 2023, by the following vote: Yeas 104, Nays 31, 2 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 1649 on May 25, 2023, by the following vote: Yeas 114, Nays 30, | ||
| 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 1649 was passed by the Senate, with | ||
| amendments, on May 23, 2023, by the following vote: Yeas 27, Nays | ||
| 4. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
