Tex. Ins. Code § 1372.003 · Chapter 1372. COVERAGE FOR BIOMARKER TESTING
COVERAGE REQUIRED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Subject to Subsection (b), a health benefit plan must provide coverage for biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of an enrollee's disease or condition to guide treatment when the test is supported by the following kinds of medical and scientific evidence:
(1) a labeled indication for a test approved or cleared by the United States Food and Drug Administration;
(2) an indicated test for a drug approved by the United States Food and Drug Administration;
(3) a national coverage determination made by the Centers for Medicare and Medicaid Services or a local coverage determination made by a Medicare administrative contractor;
(4) nationally recognized clinical practice guidelines; or
(5) consensus statements.
(b) A health benefit plan issuer must provide coverage under Subsection (a) only when use of biomarker testing provides clinical utility because use of the test for the condition:
(1) is evidence-based;
(2) is scientifically valid based on the medical and scientific evidence described by Subsection (a);
(3) informs a patient's outcome and a provider's clinical decision; and
(4) predominately addresses the acute or chronic issue for which the test is being ordered, except that a test may include some information that cannot be immediately used in the formulation of a clinical decision.
(c) A health benefit plan must provide coverage under Subsection (a) in a manner that limits disruptions in care, including limiting the number of biopsies and biospecimen samples.
Notes and commentary — not statutory text
History
Added by Acts 2023, 88th Leg., R.S., Ch. 279 (S.B. 989), Sec. 1, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1372.htm
- Text hash
- sha256 fca70bf4cff30fef47cdc509fff08348efd0270609d10f17c42033b254ccff9c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.