Texas 2009 - 81st Regular

Texas House Bill HB1303 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Menendez, Homer, Geren, Gattis, Pitts, H.B. No. 1303
2	2	et al.
3	3	Substitute the following for H.B. No. 1303:
4	4	By: Pitts C.S.H.B. No. 1303
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to continued health insurance coverage for eligible
10	10	survivors of certain public servants killed in the line of duty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 615.073(c), Government Code, is amended
13	13	to read as follows:
14	14	(c) The surviving spouse is entitled to continue to purchase
15	15	health insurance coverage until [the earlier of:
16	16	[(1) the date the surviving spouse remarries;
17	17	[(2) the date the surviving spouse becomes eligible
18	18	for group health insurance through another employer; or
19	19	[(3)] the date the surviving spouse becomes eligible
20	20	for federal Medicare benefits.
21	21	SECTION 2. Section 615.074, Government Code, is amended to
22	22	read as follows:
23	23	Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible
24	24	surviving dependent who is a minor child is entitled to continue
25	25	health insurance coverage until [the earlier of:
26	26	[(1)] the date the dependent reaches the age of 18
27	27	[years; or
28	28	[(2) the date the dependent becomes eligible for group
29	29	health insurance through another employer].
30	30	(b) An eligible surviving dependent who is not a minor child
31	31	is entitled to continue health insurance coverage until the earlier
32	32	of:
33	33	(1) [the date the dependent marries;
34	34	[(2)] the date the dependent becomes eligible for
35	35	group health insurance through another employer; or
36	36	(2) [(3)] the date the dependent becomes eligible for
37	37	federal Medicare benefits.
38	38	SECTION 3. Sections 615.075(a) and (c), Government Code,
39	39	are amended to read as follows:
40	40	(a) An employing entity shall provide written notice to an
41	41	eligible survivor to whom this subchapter may apply of the
42	42	survivor's rights under this subchapter not later than the 10th day
43	43	after the date of the decedent's death. Not later than the 150th
44	44	day after the date of the decedent's death, the employing entity
45	45	shall send a subsequent written notice under this subsection by
46	46	certified mail to any eligible survivor who has not already elected
47	47	to continue coverage on or before that date.
48	48	(c) To receive continued coverage under this subchapter,
49	49	the employing entity must be informed not later than the 180th
50	50	[90th] day after the date the decedent died that the eligible
51	51	survivor elects to continue coverage.
52	52	SECTION 4. Section 615.077, Government Code, is amended to
53	53	read as follows:
54	54	Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is
55	55	entitled to continued coverage under this subchapter [is entitled
56	56	to]:
57	57	(1) is entitled to:
58	58	(A) make payments for the coverage or have
59	59	payments made on the survivor's behalf at the same time and to the
60	60	same entity that payments for coverage are made by current
61	61	employees of the employing entity; and
62	62	(B) obtain [(2) purchase] the coverage at the
63	63	[group] rate paid by current employees of the employing entity for
64	64	that coverage; and
65	65	(2) may not be required to pay a premium amount for the
66	66	coverage that is greater than the premium amount that a current
67	67	employee of the employing entity without a spouse is required to pay
68	68	to cover the employee alone or to cover the employee and the
69	69	employee's dependent children, as applicable to the eligible
70	70	survivor [that exists at the time of payment].
71	71	SECTION 5. Subchapter D, Chapter 615, Government Code, is
72	72	amended by adding Sections 615.080 and 615.081 to read as follows:
73	73	Sec. 615.080. GRACE PERIOD. Health insurance benefits
74	74	coverage in force on the date of the decedent's death under which a
75	75	deceased individual listed under Section 615.071 covered one or
76	76	more other persons may not lapse before the 181st day after the date
77	77	of the decedent's death for failure to pay the premium.
78	78	Sec. 615.081. LIMITED OPPORTUNITY FOR CERTAIN ELIGIBLE
79	79	SURVIVORS TO REAPPLY FOR COVERAGE. (a) This section applies only
80	80	to an eligible survivor of a deceased individual listed under
81	81	Section 615.071 who died on or after September 1, 1993.
82	82	(b) Notwithstanding any other provision of this subchapter
83	83	or other law, an eligible survivor to whom this section applies who
84	84	did not purchase continued health insurance benefits under this
85	85	subchapter or under the law codified by this subchapter within the
86	86	time allowed after the listed individual's death, or who
87	87	discontinued coverage under this subchapter or under the law
88	88	codified by this subchapter after the listed individual's death,
89	89	may reapply for coverage under the employing entity's health
90	90	insurance benefits plan not later than March 1, 2010.
91	91	(c) An eligible survivor who reapplies for coverage under
92	92	Subsection (b) is entitled to purchase the coverage according to
93	93	the same rate schedule and coverage options as would apply had the
94	94	eligible survivor continued coverage under this subchapter after
95	95	the listed individual's death.
96	96	(d) This section expires September 1, 2010.
97	97	SECTION 6. This Act takes effect immediately if it receives
98	98	a vote of two-thirds of all the members elected to each house, as
99	99	provided by Section 39, Article III, Texas Constitution. If this
100	100	Act does not receive the vote necessary for immediate effect, this
101	101	Act takes effect September 1, 2009.