Bill Text: TX HB786 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to HIV and AIDS tests and to health benefit plan coverage of HIV and AIDS tests.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-02-23 - Referred to Insurance [HB786 Detail]
Download: Texas-2011-HB786-Introduced.html
| 82R1858 SJM-D | ||
| By: Davis of Dallas | H.B. No. 786 | |
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| 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 that takes a sample | ||
| of a person's blood as part of a routine 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, a health | ||
| care provider must verbally inform a person that an HIV test will be | ||
| performed unless the person opts out of the HIV test. | ||
| (c) The executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules to implement this section. | ||
| In adopting rules, the executive commissioner must consider the | ||
| most recent recommendations of the federal 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 of the Health and Human | ||
| Services Commission shall adopt rules to require the department 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 chapter 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 [ |
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| 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, 2012. A health benefit plan that is delivered, issued | ||
| for delivery, or renewed before January 1, 2012, 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, 2012. | ||
| (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, 2012. | ||
| SECTION 11. This Act takes effect September 1, 2011. | ||
