Bill Text: TX HB2595 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to a parity complaint portal and educational materials and parity law training regarding benefits for mental health conditions and substance use disorders to be made available through the portal and otherwise; designating October as mental health condition and substance use disorder parity awareness month.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB2595 Detail]
Download: Texas-2021-HB2595-Enrolled.html
| H.B. No. 2595 | ||
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| relating to a parity complaint portal and educational materials and | ||
| parity law training regarding benefits for mental health conditions | ||
| and substance use disorders to be made available through the portal | ||
| and otherwise; designating October as mental health condition and | ||
| substance use disorder parity awareness month. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 662, Government Code, is | ||
| amended by adding Section 662.115 to read as follows: | ||
| Sec. 662.115. MENTAL HEALTH CONDITION AND SUBSTANCE USE | ||
| DISORDER PARITY AWARENESS MONTH. (a) October is Mental Health | ||
| Condition and Substance Use Disorder Parity Awareness Month to | ||
| increase awareness of and compliance with state and federal rules, | ||
| regulations, and statutes concerning the availability of, and terms | ||
| and conditions of, benefits for mental health conditions and | ||
| substance use disorders. | ||
| (b) Mental Health Condition and Substance Use Disorder | ||
| Parity Awareness Month may be regularly observed through | ||
| appropriate activities in communities to increase awareness of and | ||
| education on the available benefits for mental health conditions | ||
| and substance use disorders. | ||
| SECTION 2. Subchapter F, Chapter 1355, Insurance Code, is | ||
| amended by adding Sections 1355.2571 and 1355.2572 to read as | ||
| follows: | ||
| Sec. 1355.2571. PARITY COMPLAINT PORTAL. (a) The | ||
| commissioner shall develop and maintain a parity complaint portal | ||
| that is an integrated system that allows for the enrollee of a | ||
| health benefit plan to submit complaints of suspected violations of | ||
| the provisions of this subchapter. The parity complaint portal | ||
| must: | ||
| (1) allow for an enrollee to submit a complaint | ||
| through multiple ways; | ||
| (2) provide updates on the status of an enrollee's | ||
| complaint; | ||
| (3) ensure timely, effective, and equitable | ||
| resolution for submitted complaints; | ||
| (4) include educational materials regarding: | ||
| (A) benefits for mental health conditions and | ||
| substance use disorders required under this subchapter; | ||
| (B) an enrollee's rights and responsibilities | ||
| under a health benefit plan concerning coverage under this | ||
| subchapter; | ||
| (C) circumstances under which a claim may be | ||
| denied; and | ||
| (D) the processes for reviewing a complaint | ||
| submitted through the portal; | ||
| (5) adhere to national best practices as determined by | ||
| the commissioner; and | ||
| (6) include the findings of the report required by | ||
| Section 1355.2572(b). | ||
| (b) In developing the parity complaint portal under | ||
| Subsection (a), the commissioner: | ||
| (1) shall conduct an assessment of complaint portals | ||
| and similar systems used by other relevant public or private | ||
| entities; | ||
| (2) shall develop best practice standards for | ||
| complaint submissions and tracking consistent with the findings of | ||
| the assessment conducted under Subdivision (1); and | ||
| (3) may develop a new complaint portal or modify an | ||
| existing complaint portal. | ||
| (c) The Health and Human Services Commission shall appoint a | ||
| liaison to the department to receive reports of concerns, | ||
| complaints, and potential violations submitted through the parity | ||
| complaint portal established under Subsection (a). | ||
| Sec. 1355.2572. EDUCATIONAL MATERIALS AND PARITY LAW | ||
| TRAINING; REPORT. (a) The commissioner, in collaboration with the | ||
| Health and Human Services Commission's ombudsman for behavioral | ||
| health, shall develop educational materials and parity law training | ||
| sessions regarding the coverage for mental health conditions and | ||
| substance use disorders required under this subchapter. The | ||
| commissioner shall ensure that the materials and training sessions: | ||
| (1) are available to health benefit plan issuers and | ||
| enrollees; | ||
| (2) include online, print, and in-person formats; | ||
| (3) are made available through the parity complaint | ||
| portal established under Section 1355.2571 and at relevant | ||
| locations and settings, including: | ||
| (A) any relevant agency offices; | ||
| (B) health benefit plan provider service | ||
| locations; and | ||
| (C) relevant professional conferences and trade | ||
| association meetings; and | ||
| (4) include a list of relevant third-party | ||
| organization educational and parity law awareness materials that | ||
| provide additional information regarding mental health conditions | ||
| and substance use disorder parity and, if provided in an online | ||
| format, provide the links needed to access those materials online. | ||
| (b) Not later than September 1 of each year, the | ||
| commissioner, in collaboration with the Health and Human Services | ||
| Commission's ombudsman for behavioral health, shall: | ||
| (1) prepare and submit a report to the appropriate | ||
| committees of the legislature and the appropriate state agencies on | ||
| the status of: | ||
| (A) rights and responsibilities for mental | ||
| health condition and substance use disorder benefits; and | ||
| (B) resolved and unresolved complaints submitted | ||
| through the parity complaint portal established under Section | ||
| 1355.2571(a); and | ||
| (2) publish the findings of the report under | ||
| Subdivision (1) to the parity complaint portal established under | ||
| Section 1355.2571(a). | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the commissioner of insurance shall develop: | ||
| (1) the parity complaint portal required by Section | ||
| 1355.2571, Insurance Code, as added by this Act; and | ||
| (2) the educational materials and parity law training | ||
| sessions required by Section 1355.2572, Insurance Code, as added by | ||
| this Act. | ||
| SECTION 4. This Act takes effect September 1, 2021. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2595 was passed by the House on May 6, | ||
| 2021, by the following vote: Yeas 122, Nays 24, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2595 was passed by the Senate on May | ||
| 27, 2021, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
