The bill, S.B. No. 351, amends the Health and Safety Code regarding covered benefits under the child health plan in Texas. It modifies existing provisions to ensure that while primary and preventive health benefits exclude reproductive services, with the exception of prenatal care and related conditions, the child health plan must now include coverage for prescription contraceptive drugs, supplies, or devices approved by the FDA. However, it explicitly states that coverage for abortifacients or any drugs or devices that terminate a pregnancy is not permitted.

Additionally, the bill introduces a requirement for obtaining consent when providing contraceptive coverage for enrolled children under 18 years of age. Specifically, the prescribing or dispensing healthcare provider must secure written consent from the child's parent, guardian, or another authorized adult, or from the child themselves if permitted under the Family Code. The bill also includes a provision allowing state agencies to delay implementation of any part of the act until necessary federal waivers or authorizations are obtained. The act is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.

Statutes affected:
Introduced: Health and Safety Code 62.151 (Health and Safety Code 62)