85R1586 AJZ-D     By: Wu H.B. No. 717       A BILL TO BE ENTITLED   AN ACT   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 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 shall adopt rules to   require the commission 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 [REQUIREMENT].          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, 2018. A health benefit plan that is delivered, issued   for delivery, or renewed before January 1, 2018, 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, 2018.          (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, 2018.          SECTION 11.  This Act takes effect September 1, 2017.