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A BILL TO BE ENTITLED
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AN ACT
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relating to the coverage by certain health benefit plans of |
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mammograms performed by certain health care providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1356, Insurance Code, is amended to read |
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as follows: |
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CHAPTER 1356. LOW-DOSE MAMMOGRAPHY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1356.001. DEFINITIONS. [DEFINITION.] In this |
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chapter: |
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(1) "Enrollee" means an individual enrolled in a |
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health benefit plan. |
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(2) "Low-dose mammography" [, "low-dose mammography"] |
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means the x-ray examination of the breast using equipment dedicated |
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specifically for mammography, including an x-ray tube, filter, |
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compression device, screens, films, and cassettes, with an average |
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radiation exposure delivery of less than one rad mid-breast, with |
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two views for each breast. |
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Sec. 1356.002. APPLICABILITY OF CHAPTER. This chapter |
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applies only to a health benefit plan that is delivered, issued for |
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delivery, or renewed in this state and that is an individual or |
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group accident and health insurance policy, including a policy |
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issued by a group hospital service corporation operating under |
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Chapter 842. |
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Sec. 1356.003. APPLICABILITY OF GENERAL PROVISIONS OF OTHER |
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LAW. The provisions of Chapter 1201, including provisions |
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relating to the applicability, purpose, and enforcement of that |
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chapter, construction of policies under that chapter, rulemaking |
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under that chapter, and definitions of terms applicable in that |
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chapter, apply to this chapter. |
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Sec. 1356.004. EXCEPTION. This chapter does not apply to a |
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plan that provides coverage only for a specified disease or for |
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another limited benefit. |
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SUBCHAPTER B. COVERAGE OF CERTAIN PROCEDURES REQUIRED |
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Sec. 1356.051. [1356.005.] COVERAGE REQUIRED. (a) A health |
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benefit plan that provides coverage to a female who is 35 years of |
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age or older must include coverage for an annual screening by |
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low-dose mammography for the presence of occult breast cancer. |
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(b) Coverage required by this section: |
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(1) may not be less favorable than coverage for other |
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radiological examinations under the plan; and |
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(2) must be subject to the same dollar limits, |
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deductibles, and coinsurance factors as coverage for other |
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radiological examinations under the plan. |
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SUBCHAPTER C. CHOICE OF PROVIDER |
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Sec. 1356.101. APPLICABILITY OF SUBCHAPTER. In addition to |
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a health benefit plan subject to this chapter under Sections |
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1356.002 and 1356.003, this subchapter also applies to a health |
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benefit plan that is delivered, issued for delivery, or renewed in |
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this state and that is an individual or group evidence of coverage |
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issued by a health maintenance organization operating under Chapter |
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843. |
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Sec. 1356.102. CHOICE OF PROVIDER; PRIOR APPROVAL. (a) A |
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health benefit plan that provides coverage for low-dose mammography |
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may allow an enrollee to have a covered mammogram performed by a |
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physician or provider selected by the enrollee other than the |
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enrollee's primary care physician or primary care provider. |
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(b) A health benefit plan may require an enrollee to receive |
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prior approval before having a covered mammogram performed by a |
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physician or provider other than the enrollee's primary care |
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physician or primary care provider. |
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(c) This section does not affect the authority of a health |
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benefit plan issuer to establish selection criteria for physicians |
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and providers who provide services under the plan. |
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(d) A physician or provider that performs a mammogram |
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described by Subsection (a) must provide a copy of the mammogram |
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report to the enrollee's primary care physician. |
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SECTION 2. The change in law made by this Act applies only |
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to a health benefit plan that is delivered, issued for delivery, or |
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renewed on or after January 1, 2014. A health benefit plan that is |
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delivered, issued for delivery, or renewed before January 1, 2014, |
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is covered by the law in effect at the time the health benefit plan |
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was delivered, issued for delivery, or renewed, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |