| 1 | 1 | | 81R3942 SJM-D |
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| 2 | 2 | | By: Jackson H.B. No. 1744 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to employer liability for the cost of health care services |
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| 8 | 8 | | provided to certain indigent employees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 61.007, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 61.007. INFORMATION PROVIDED BY APPLICANT. The |
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| 13 | 13 | | executive commissioner of the Health and Human Services Commission |
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| 14 | 14 | | [department] by rule shall require each applicant to provide at |
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| 15 | 15 | | least the following information: |
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| 16 | 16 | | (1) the applicant's full name and address; |
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| 17 | 17 | | (2) the applicant's social security number, if |
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| 18 | 18 | | available; |
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| 19 | 19 | | (3) the number of persons in the applicant's |
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| 20 | 20 | | household, excluding persons receiving Temporary Assistance for |
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| 21 | 21 | | Needy Families, Supplemental Security Income, or Medicaid |
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| 22 | 22 | | benefits; |
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| 23 | 23 | | (4) the applicant's county of residence; |
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| 24 | 24 | | (5) the existence of insurance coverage or other |
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| 25 | 25 | | hospital or health care benefits for which the applicant is |
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| 26 | 26 | | eligible; |
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| 27 | 27 | | (6) any transfer of title to real property that the |
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| 28 | 28 | | applicant has made in the preceding 24 months; |
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| 29 | 29 | | (7) the applicant's annual household income, excluding |
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| 30 | 30 | | the income of any household member receiving Temporary Assistance |
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| 31 | 31 | | for Needy Families, Supplemental Security Income, or Medicaid |
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| 32 | 32 | | benefits; [and] |
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| 33 | 33 | | (8) the amount of the applicant's liquid assets and the |
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| 34 | 34 | | equity value of the applicant's car and real property; and |
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| 35 | 35 | | (9) the name and address of the applicant's employer, |
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| 36 | 36 | | if available. |
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| 37 | 37 | | SECTION 2. Chapter 61, Health and Safety Code, is amended by |
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| 38 | 38 | | adding Subchapter D to read as follows: |
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| 39 | 39 | | SUBCHAPTER D. EMPLOYER RESPONSIBILITY FOR CERTAIN EMPLOYEES |
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| 40 | 40 | | Sec. 61.081. DEFINITION. In this subchapter, "illegal |
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| 41 | 41 | | alien" means an individual who is not a citizen or national of the |
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| 42 | 42 | | United States whose presence in the country is not authorized by |
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| 43 | 43 | | federal law. |
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| 44 | 44 | | Sec. 61.082. EMPLOYER LIABILITY. (a) This section applies |
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| 45 | 45 | | to an individual who is an illegal alien and who would otherwise |
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| 46 | 46 | | qualify under this chapter as an eligible resident of the county, |
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| 47 | 47 | | public hospital, or hospital district in which the services were |
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| 48 | 48 | | provided at the time the individual received health care services. |
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| 49 | 49 | | (b) An employer who knowingly employs an individual |
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| 50 | 50 | | described by Subsection (a) is liable to the county, public |
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| 51 | 51 | | hospital, or hospital district that is responsible for providing |
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| 52 | 52 | | the services to eligible residents for the cost of the services |
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| 53 | 53 | | provided. |
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| 54 | 54 | | (c) A county, public hospital, or hospital district may |
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| 55 | 55 | | bring an action against the employer described by Subsection (b) to |
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| 56 | 56 | | recover costs under Subsection (b). The costs collected under this |
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| 57 | 57 | | subsection may be retained by the county, public hospital, or |
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| 58 | 58 | | hospital district. |
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| 59 | 59 | | (d) In adopting an application procedure under Section |
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| 60 | 60 | | 61.024 or 61.053 a county, public hospital, or hospital district |
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| 61 | 61 | | shall require an applicant to provide available employer |
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| 62 | 62 | | information. |
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| 63 | 63 | | SECTION 3. (a) Not later than January 1, 2010: |
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| 64 | 64 | | (1) the executive commissioner of the Health and Human |
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| 65 | 65 | | Services Commission shall adopt the rules necessary to implement |
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| 66 | 66 | | the changes in law made by this Act; and |
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| 67 | 67 | | (2) a county, public hospital, or hospital district |
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| 68 | 68 | | shall adopt the application procedure as required by Section |
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| 69 | 69 | | 61.082(d), Health and Safety Code, as added by this Act. |
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| 70 | 70 | | (b) Notwithstanding Section 61.082(b), Health and Safety |
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| 71 | 71 | | Code, as added by this Act, an employer is not liable for costs |
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| 72 | 72 | | under that section that accrue before April 1, 2010. |
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| 73 | 73 | | SECTION 4. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2009. |
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