85R8759 KKR-D     By: Coleman H.B. No. 2135       A BILL TO BE ENTITLED   AN ACT   relating to coverage for certain services and the provision of   certain information relating to postpartum depression under the   medical assistance and CHIP perinatal programs.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 62, Health and Safety Code, is amended by   adding Subchapter E to read as follows:   SUBCHAPTER E. CHIP PERINATAL PROGRAM          Sec. 62.201.  DEFINITION. In this subchapter, "postpartum   depression" means a disorder with postpartum onset that is   categorized as a mood disorder by the American Psychiatric   Association in the Diagnostic and Statistical Manual of Mental   Disorders, 5th Edition (DSM-5), or a subsequent edition adopted by   rule by the executive commissioner.          Sec. 62.202.  COVERAGE FOR CERTAIN SERVICES REQUIRED. (a)   The covered services under the CHIP perinatal program must include,   for each woman who gives birth to a child who is enrolled in the CHIP   perinatal program before birth, screening and treatment for   postpartum depression for the 12-month period after the date the   woman gives birth to the child.          (b)  The coverage for postpartum depression provided under   Subsection (a):                (1)  must provide mental health services to a woman   regardless of whether the woman has been found to be a danger to   herself or others; and                (2)  may not place an arbitrary or artificial limit on   the amount of services that may be provided.          (c)  The executive commissioner shall adopt rules necessary   to implement this section.          SECTION 2.  Section 32.024, Human Resources Code, is amended   by adding Subsection (l-1) to read as follows:          (l-1)  The commission shall continue to provide medical   assistance to a woman who is eligible for medical assistance for   pregnant women for a period of not less than 12 months following the   date the woman gives birth.          SECTION 3.  Subchapter B, Chapter 32, Human Resources Code,   is amended by adding Section 32.02491 to read as follows:          Sec. 32.02491.  SERVICES RELATED TO POSTPARTUM DEPRESSION.     (a)  For purposes of this section, "postpartum depression" means a   disorder with postpartum onset that is categorized as a mood   disorder by the American Psychiatric Association in the Diagnostic   and Statistical Manual of Mental Disorders, 5th Edition (DSM-5), or   a subsequent edition adopted by rule by the executive commissioner.          (b)  The commission shall provide to a woman who receives   medical assistance benefits during a pregnancy screening and   treatment for postpartum depression for the 12-month period after   the date the woman gives birth.          (c)  The commission shall provide mental health services to a   woman under Subsection (b) regardless of whether the woman has been   found to be a danger to herself or others.          (d)  The commission may not place an arbitrary or artificial   limit on the amount of services that may be provided under   Subsection (b).          (e)  The executive commissioner shall adopt rules necessary   to implement this section.          SECTION 4.  Chapter 159, Occupations Code, is amended by   adding Section 159.012 to read as follows:          Sec. 159.012.  INFORMATION ABOUT BIRTH SPACING. A physician   who provides health care services to a patient under Section   62.202, Health and Safety Code, or Section 32.02491, Human   Resources Code, shall inform the patient about the evidence-based   benefits of birth spacing for mothers and their children.          SECTION 5.  As soon as practicable after the effective date   of this Act, the executive commissioner of the Health and Human   Services Commission shall develop and seek a waiver or other   appropriate authorization from the Centers for Medicare and   Medicaid Services to extend the number of postpartum visits a woman   may receive under the CHIP perinatal program in order to implement   Section 62.202, Health and Safety Code, as added by this Act.          SECTION 6.  If before implementing any provision of this Act   a state agency determines that an additional waiver or additional   authorization from a federal agency is necessary for implementation   of that provision, the agency affected by the provision shall   request the waiver or authorization and may delay implementing that   provision until the waiver or authorization is granted.          SECTION 7.  This Act takes effect September 1, 2017.