85R303 MEW-D
 
  By: Davis of Harris H.B. No. 1161
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health benefit plan coverage of prescription
  contraceptive drugs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1369.102, Insurance Code, is amended to
  read as follows:
         Sec. 1369.102.  APPLICABILITY OF SUBCHAPTER. Except as
  otherwise provided by this subchapter, this [This] subchapter
  applies only to a health benefit plan, including a 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 health maintenance organization operating under
  Chapter 843;
               (7)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846; or
               (8)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844.
         SECTION 2.  Subchapter C, Chapter 1369, Insurance Code, is
  amended by adding Section 1369.1031 to read as follows:
         Sec. 1369.1031.  CERTAIN COVERAGE REQUIRED. (a)  This
  section applies to a health benefit plan described by Section
  1369.102.
         (b)  This section applies to group health coverage made
  available by a school district in accordance with Section 22.004,
  Education Code.
         (c)  Notwithstanding Section 172.014, Local Government Code,
  or any other law, this section applies to health and accident
  coverage provided by a risk pool created under Chapter 172, Local
  Government Code.
         (d)  Notwithstanding any provision in Chapter 1551, 1575,
  1579, or 1601 or any other law, this section 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.
         (e)  Notwithstanding Sections 1507.004 and 1507.053, or any
  other law, this section applies to a consumer choice of benefits
  plan issued under Chapter 1507.
         (f)  To the extent allowed by federal law, the child health
  plan program operated under Chapter 62, Health and Safety Code, the
  health benefits plan for children operated under Chapter 63, Health
  and Safety Code, the state Medicaid program, and a managed care
  organization that contracts with the Health and Human Services
  Commission to provide health care services to recipients through a
  managed care plan shall provide the coverage required under this
  section to a recipient.
         (g)  A health benefit plan that provides benefits for a
  prescription contraceptive drug must provide for an enrollee to
  obtain up to a 12-month supply of the covered prescription
  contraceptive drug at one time.
         SECTION 3.  The change in law made by this Act applies only
  to a health benefit plan that is delivered, issued for delivery, or
  renewed on or after January 1, 2018. A health benefit plan that is
  delivered, issued for delivery, or renewed before January 1, 2018,
  is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 4.  This Act takes effect September 1, 2017.