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
 
 
 
 
AN ACT
  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 [may]
  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 [Texas] Department of State
  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
  [Texas Department] of the Health and Human Services Commission to
  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; [or]
               (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
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