SB 636 proposes amendments to the Texas Insurance Code to strengthen and expand mental health and substance use disorder (MH/SUD) coverage under state-operated health benefit plans. The bill addresses gaps in the application of mental health parity laws by clarifying that several state group health insurance programs—including those under Chapters 1551 (covering state employees), 1575 (teacher retirement), 1579 (school employees), and 1601 (university employees)—are subject to the same mental health parity standards that apply to private insurance plans. These parity requirements mandate that coverage for MH/SUD services must be no more restrictive than coverage for medical and surgical care, both in terms of treatment limitations and access.
Specifically, S.B. 636 amends multiple sections of the Insurance Code to remove outdated exclusions and establish that these government-sponsored plans cannot impose more stringent benefit limits on mental health care. It requires these plans to assess their coverage for compliance in areas such as inpatient care, outpatient care, emergency services, and prescription drugs, using both quantitative (e.g., copays, visit limits) and nonquantitative (e.g., prior authorization, network limitations) measures. While the Texas Department of Insurance continues to enforce compliance for most plans, the bill assigns enforcement responsibility for public employee plans to their respective trustees or administrative systems.
The legislation also repeals a prior provision that exempted certain plans from these parity requirements. The intent of the bill is to bring Texas state health benefit plans into greater alignment with federal parity laws, ensuring equitable access to mental health treatment across all public health programs. By codifying these changes, SB 636 promotes fair treatment of mental health conditions, expands access to care for public workers, and reduces discrepancies among different public health systems in Texas.
The originally filed version of SB 636 and the Committee Substitute are largely aligned in their intent—to expand the application of mental health and substance use disorder (MH/SUD) parity laws to include various state-administered health benefit plans. However, there are subtle structural and procedural distinctions between the two versions.
In both versions, the bill amends Section 1355.002(b) of the Insurance Code to explicitly include plans under Chapters 1551 (state employees), 1575 (teacher retirement), 1579 (school employees), and 1601 (university employees) in the scope of mental health parity rules. Additionally, both versions add a new subsection (d) to Section 1355.252, reinforcing that these same plans are subject to the requirements of that subchapter. Also, Section 1355.255 is amended in both versions to assign compliance monitoring for those plans to the respective trustees or systems rather than to the Commissioner of Insurance.
The Committee Substitute introduces only modest changes to the bill’s structure, such as slight wording shifts for consistency or clarity. One key distinction lies in the addition of legislative context in the committee substitute—namely, that it was reported with a favorable vote following a substitution. This procedural step reflects the formal committee action and support but does not alter the substance of the proposed amendments.
Furthermore, both versions repeal Section 1355.003(b), removing exclusions that previously exempted certain government health plans from parity laws.
However, the committee substitute omits transitional language found in the originally filed version, such as the clause in Section 7 specifying the application of the law only to plan years beginning on or after January 1, 2026. This omission suggests the committee may have opted for immediate or more flexible implementation timelines, although this could also be addressed in supplemental rulemaking or an amendment on the floor.
In summary, the Committee Substitute maintains the legislative objectives of the filed version but may reflect refinements in language and implementation strategy. It confirms broad bipartisan support for expanding mental health parity across state-operated health plans without significantly altering the bill’s scope or enforcement mechanisms.