1 | 1 | | 81R9536 KLA-D |
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2 | 2 | | By: Turner of Harris H.B. No. 2376 |
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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 eligibility for and strengthening outreach activities |
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8 | 8 | | under the child health plan program. |
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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 62.056, Health and Safety Code, is |
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11 | 11 | | amended by amending Subsection (a) and adding Subsections (f) and |
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12 | 12 | | (g) to read as follows: |
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13 | 13 | | (a) The commission shall strengthen the [conduct a] |
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14 | 14 | | community outreach and education campaign in a manner that is |
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15 | 15 | | designed to aggressively and proactively [to] provide information |
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16 | 16 | | relating to the availability of health benefits for children under |
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17 | 17 | | this chapter. The commission shall conduct the campaign in a |
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18 | 18 | | manner that: |
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19 | 19 | | (1) promotes enrollment in, and minimizes duplication |
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20 | 20 | | of effort among, all state-administered child health programs; and |
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21 | 21 | | (2) initially prioritizes enrolling in the program |
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22 | 22 | | children whose net family income is at or below 200 percent of the |
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23 | 23 | | federal poverty level and, after the commission establishes the |
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24 | 24 | | income eligibility level in accordance with Section 62.101(b-2), |
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25 | 25 | | subsequently prioritizes enrolling in the program children whose |
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26 | 26 | | net family income is at or below 300 percent of the federal poverty |
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27 | 27 | | level. |
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28 | 28 | | (f) To strengthen the community outreach and education |
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29 | 29 | | campaign as required by Subsection (a), the commission shall |
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30 | 30 | | establish a partnership with stakeholders who will provide outreach |
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31 | 31 | | and benefits application assistance that is supplemental to the |
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32 | 32 | | outreach conducted by contractors under Subsection (c) by: |
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33 | 33 | | (1) fostering the exchange of information regarding, |
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34 | 34 | | and promoting, best practices for obtaining health benefits |
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35 | 35 | | coverage for children; |
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36 | 36 | | (2) conducting the outreach in a manner consistent |
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37 | 37 | | with the priorities stated in Subsection (a)(2); and |
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38 | 38 | | (3) disseminating successful outreach models across |
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39 | 39 | | this state under which entities such as hospitals, school |
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40 | 40 | | districts, and local businesses partner to identify children |
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41 | 41 | | without health benefits coverage. |
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42 | 42 | | (g) The partnership established under Subsection (f) must |
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43 | 43 | | include entities that contract with the commission to perform |
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44 | 44 | | eligibility determination and enrollment functions, |
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45 | 45 | | community-based organizations that contract with the commission, |
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46 | 46 | | health benefit plan providers, Texas Health Steps program |
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47 | 47 | | contractors, health care providers, consumer advocates, and other |
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48 | 48 | | interested stakeholders. |
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49 | 49 | | SECTION 2. Section 62.101, Health and Safety Code, is |
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50 | 50 | | amended by amending Subsections (b) and (c) and adding Subsections |
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51 | 51 | | (b-2) and (d) to read as follows: |
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52 | 52 | | (b) Subject to Subsection (b-2), the [The] commission shall |
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53 | 53 | | establish income eligibility levels consistent with Title XXI, |
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54 | 54 | | Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended, |
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55 | 55 | | and any other applicable law or regulations, and subject to the |
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56 | 56 | | availability of appropriated money, so that a child who is younger |
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57 | 57 | | than 19 years of age and whose net family income is at or below 200 |
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58 | 58 | | percent of the federal poverty level is eligible for health |
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59 | 59 | | benefits coverage under the program. In addition to the income |
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60 | 60 | | eligibility levels established under this subsection or Subsection |
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61 | 61 | | (b-2), the commission may establish eligibility standards |
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62 | 62 | | regarding the amount and types of allowable assets for a family |
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63 | 63 | | whose net family income is above 150 percent of the federal poverty |
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64 | 64 | | level. |
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65 | 65 | | (b-2) As soon as possible after the date the commission |
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66 | 66 | | determines that 80 percent or more of children in this state who are |
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67 | 67 | | eligible for health benefits coverage under the child health plan |
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68 | 68 | | program are enrolled in the program or in other adequate health |
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69 | 69 | | benefits plan coverage, the commission shall establish income |
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70 | 70 | | eligibility levels consistent with Title XXI, Social Security Act |
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71 | 71 | | (42 U.S.C. Section 1397aa et seq.), as amended, and any other |
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72 | 72 | | applicable law or regulations, and subject to the availability of |
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73 | 73 | | appropriated money, so that a child who is younger than 19 years of |
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74 | 74 | | age and whose net family income is at or below 300 percent of the |
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75 | 75 | | federal poverty level is eligible for health benefits coverage |
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76 | 76 | | under the program. |
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77 | 77 | | (c) The commissioner shall evaluate enrollment levels and |
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78 | 78 | | program impact [every six months during the first 12 months of |
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79 | 79 | | implementation and] at least annually [thereafter] and shall submit |
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80 | 80 | | a finding of fact to the Legislative Budget Board and the Governor's |
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81 | 81 | | Office of Budget and Planning as to: |
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82 | 82 | | (1) the adequacy of funding and the ability of the |
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83 | 83 | | program to sustain enrollment at the eligibility level established |
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84 | 84 | | by Subsection (b); and |
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85 | 85 | | (2) the percentage of children in this state who are |
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86 | 86 | | eligible for health benefits coverage under the child health plan |
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87 | 87 | | program and who are enrolled in the program or in other adequate |
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88 | 88 | | health benefits plan coverage. |
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89 | 89 | | (d) In the event that appropriated money is insufficient to |
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90 | 90 | | sustain enrollment at the authorized eligibility level, the |
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91 | 91 | | commissioner shall: |
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92 | 92 | | (1) suspend enrollment in the child health plan; |
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93 | 93 | | (2) establish a waiting list for applicants for |
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94 | 94 | | coverage; and |
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95 | 95 | | (3) establish a process for periodic or continued |
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96 | 96 | | enrollment of applicants in the child health plan program as the |
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97 | 97 | | availability of money allows. |
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98 | 98 | | SECTION 3. Section 62.1011, Health and Safety Code, is |
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99 | 99 | | amended to read as follows: |
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100 | 100 | | Sec. 62.1011. VERIFICATION OF INCOME. The commission |
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101 | 101 | | shall continue employing methods of verifying the net income of the |
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102 | 102 | | individuals considered in the calculation of an applicant's net |
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103 | 103 | | family income. The commission shall verify income under this |
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104 | 104 | | section unless the applicant reports a net family income that |
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105 | 105 | | exceeds the income eligibility level established under Section |
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106 | 106 | | 62.101(b) or, if applicable, Section 62.101(b-2). |
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107 | 107 | | SECTION 4. If before implementing any provision of this Act |
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108 | 108 | | a state agency determines that a waiver or authorization from a |
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109 | 109 | | federal agency is necessary for implementation of that provision, |
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110 | 110 | | the agency affected by the provision shall request the waiver or |
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111 | 111 | | authorization and may delay implementing that provision until the |
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112 | 112 | | waiver or authorization is granted. |
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113 | 113 | | SECTION 5. This Act takes effect September 1, 2009. |
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