1. (a) Purpose. The purpose of this subchapter is to:

   1. (1) ensure that enrollees in health benefit plans receive coverage for certain services for acquired brain injury and to facilitate the recovery and progressive rehabilitation of survivors of acquired brain injuries to the extent possible to their pre-injury condition by making available therapies that are medically necessary, clinically proven, goal-oriented, efficacious, based on individualized treatment plans, and provided by, or ordered and provided under the direction of a licensed healthcare practitioner with the goal of returning the individual to, or maintaining the individual in, the most integrated living environment appropriate to the individual;
   2. (2) ensure that an issuer provides coverage for services related to an acquired brain injury under the medical/surgical provisions of the health benefit plan;
   3. (3) require the issuer of a health benefit plan to provide adequate training of individuals responsible for preauthorization of coverage or utilization review under the plan in order to prevent wrongful denial of coverage required under Article 21.53Q and this subchapter, and to avoid confusion of medical/surgical benefits with mental/behavioral health benefits; and
   4. (4) gather information to allow the department to cooperate with, and to assist, the Sunset Advisory Commission in determining to what extent the coverage required by Article 21.53Q and this subchapter is being used by enrollees in health benefit plans to which the article and this subchapter apply, and to determine the impact of the required coverage on the cost of those health benefit plans.
2. (b) Severability. If a court of competent jurisdiction holds that any provision of this subchapter is inconsistent with any statutes of this state, is unconstitutional, or for any other reason is invalid, the remaining provisions shall remain in full effect. If a court of competent jurisdiction holds that the application of any provision of this subchapter to particular persons, or in particular circumstances, is inconsistent with any statutes of this state, is unconstitutional, or for any other reason is invalid, the provision shall remain in full effect as to other persons or circumstances.

3. (c) Applicability.

   1. (1) These sections apply to all health benefit plans delivered, issued for delivery, or renewed on or after January 1, 2002.
   2. (2) Nothing in this subchapter requires the issuer of a health benefit plan to provide coverage for services that are not medically necessary, clinically proven, goal-oriented, efficacious, based on an individualized treatment plan, or provided by, or ordered and provided under the direction of a licensed healthcare practitioner.

Source Note:The provisions of this §21.3101 adopted to be effective August 26, 2002, 27 TexReg 7814.