Bill Text: TX SB747 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the administration of the newborn screening program.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB747 Detail]
Download: Texas-2019-SB747-Enrolled.html
S.B. No. 747 |
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relating to the administration of the newborn screening program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 33.004(f), Health and Safety Code, is | ||
amended to read as follows: | ||
(f) The executive commissioner by rule shall [ |
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establish the amounts charged for newborn screening fees, including | ||
fees assessed for follow-up services, tracking confirmatory | ||
testing, and diagnosis. In adopting rules under this subsection, | ||
the executive commissioner shall ensure that amounts charged for | ||
newborn screening fees are sufficient to cover the costs of | ||
performing the screening. | ||
SECTION 2. Subchapter B, Chapter 33, Health and Safety | ||
Code, is amended by adding Section 33.019 to read as follows: | ||
Sec. 33.019. NOTICE OF COST AND CLAIM PROCESS. (a) The | ||
department shall publish on its Internet website the cost of and | ||
instructions on the full claim and reimbursement process for a | ||
newborn screening test kit to be used to comply with the test | ||
requirements of Section 33.011. | ||
(b) The department may change the cost published under | ||
Subsection (a) not later than the 90th day before the date the | ||
department publishes notice of the change on its Internet website. | ||
If the department changes the cost under this subsection, the | ||
department shall retain a record of the previous cost until the | ||
first anniversary of the date of the change. | ||
SECTION 3. Chapter 33, Health and Safety Code, is amended by | ||
adding Subchapter D to read as follows: | ||
SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT | ||
Sec. 33.051. DEFINITION. In this subchapter, "account" | ||
means the newborn screening preservation account established under | ||
Section 33.052. | ||
Sec. 33.052. CREATION OF ACCOUNT. (a) The newborn | ||
screening preservation account is a dedicated account in the | ||
general revenue fund. Money in the account may be appropriated only | ||
to the department and only for the purpose of carrying out the | ||
newborn screening program established under this chapter. | ||
(b) On November 1 of each year, the comptroller shall | ||
transfer to the account any unexpended and unencumbered money from | ||
Medicaid reimbursements collected by the department for newborn | ||
screening services during the preceding state fiscal year. | ||
(c) The account is composed of: | ||
(1) money transferred to the account under Subsection | ||
(b); | ||
(2) gifts, grants, donations, and legislative | ||
appropriations; and | ||
(3) interest earned on the investment of money in the | ||
account. | ||
(d) Section 403.0956, Government Code, does not apply to the | ||
account. | ||
(e) The department administers the account. The department | ||
may solicit and receive gifts, grants, and donations from any | ||
source for the benefit of the account. | ||
Sec. 33.053. DEDICATED USE. (a) The department may use | ||
any money remaining in the account after paying the costs of | ||
operating the newborn screening program established under this | ||
chapter only to: | ||
(1) pay the costs of offering additional newborn | ||
screening tests not offered under this chapter before September 1, | ||
2019, including the operational costs incurred during the first | ||
year of implementing the additional tests; and | ||
(2) pay for capital assets, equipment, and renovations | ||
for the laboratory established by the department to ensure the | ||
continuous operation of the newborn screening program. | ||
(b) The department may not use money from the account for | ||
the department's general operating expenses. | ||
Sec. 33.054. REPORT. If the department requires an | ||
additional newborn screening test under Subchapter B the costs of | ||
which are funded with money appropriated from the newborn screening | ||
preservation account, the department shall, not later than | ||
September 1 of each even-numbered year, prepare and submit to the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, and each standing committee of the legislature | ||
having primary jurisdiction over the department a written report | ||
that: | ||
(1) summarizes the implementation plan for the test, | ||
including anticipated completion dates for implementing the test | ||
and potential barriers to conducting the test; and | ||
(2) summarizes the actions taken by the department to | ||
fund and implement the test during the preceding two years. | ||
SECTION 4. Section 1271.154, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 1271.154. WELL-CHILD CARE FROM BIRTH. (a) In this | ||
section, "well-child care from birth" has the meaning used under | ||
Section 1302, Public Health Service Act (42 U.S.C. Section 300e-1), | ||
and its subsequent amendments. The term includes administration of | ||
newborn screening required by the [ |
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Health Services and the cost of the newborn screening test kit | ||
described by Section 33.019, Health and Safety Code. | ||
(b) A health maintenance organization shall ensure that | ||
each health care plan provided by the health maintenance | ||
organization includes well-child care from birth that complies | ||
with: | ||
(1) federal requirements adopted under Chapter XI, | ||
Public Health Service Act (42 U.S.C. Section 300e et seq.), and its | ||
subsequent amendments; and | ||
(2) the rules adopted by the executive commissioner | ||
[ |
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implement those requirements, including rules on the cost of the | ||
newborn screening test kit described by Section 33.019, Health and | ||
Safety Code. | ||
SECTION 5. Section 1367.003, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 1367.003. CERTAIN LIMITATIONS ON COVERAGE FOR NEWBORN | ||
CHILDREN PROHIBITED. A health benefit plan that provides maternity | ||
benefits or accident and health coverage for additional newborn | ||
children may not be issued in this state if the plan excludes or | ||
limits: | ||
(1) initial coverage of a newborn child for a period of | ||
time; [ |
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(2) coverage for congenital defects of a newborn | ||
child; or | ||
(3) coverage for administration of the newborn | ||
screening tests required by Section 33.011, Health and Safety Code, | ||
including for the cost of a newborn screening test kit in the amount | ||
provided by the Department of State Health Services on its Internet | ||
website under Section 33.019 of that code on the date the test was | ||
administered. | ||
SECTION 6. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules necessary to implement this | ||
Act. | ||
SECTION 7. Notwithstanding Section 33.054, Health and | ||
Safety Code, as added by this Act, the Department of State Health | ||
Services shall submit the first report required by that section not | ||
later than December 1, 2019. | ||
SECTION 8. Section 33.019, Health and Safety Code, as added | ||
by this Act, and Sections 1271.154 and 1367.003, Insurance Code, as | ||
amended by this Act, apply only to a health benefit plan delivered, | ||
issued for delivery, or renewed on or after January 1, 2020. A | ||
health benefit plan delivered, issued for delivery, or renewed | ||
before January 1, 2020, 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 9. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 747 passed the Senate on | ||
April 11, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 23, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 747 passed the House, with | ||
amendments, on May 14, 2019, by the following vote: Yeas 139, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |