81R9536 KLA-D
By: Turner of Harris H.B. No. 2376
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for and strengthening outreach activities
under the child health plan program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.056, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (f) and
(g) to read as follows:
(a) The commission shall strengthen the [conduct a]
community outreach and education campaign in a manner that is
designed to aggressively and proactively [to] provide information
relating to the availability of health benefits for children under
this chapter. The commission shall conduct the campaign in a
manner that:
(1) promotes enrollment in, and minimizes duplication
of effort among, all state-administered child health programs; and
(2) initially prioritizes enrolling in the program
children whose net family income is at or below 200 percent of the
federal poverty level and, after the commission establishes the
income eligibility level in accordance with Section 62.101(b-2),
subsequently prioritizes enrolling in the program children whose
net family income is at or below 300 percent of the federal poverty
level.
(f) To strengthen the community outreach and education
campaign as required by Subsection (a), the commission shall
establish a partnership with stakeholders who will provide outreach
and benefits application assistance that is supplemental to the
outreach conducted by contractors under Subsection (c) by:
(1) fostering the exchange of information regarding,
and promoting, best practices for obtaining health benefits
coverage for children;
(2) conducting the outreach in a manner consistent
with the priorities stated in Subsection (a)(2); and
(3) disseminating successful outreach models across
this state under which entities such as hospitals, school
districts, and local businesses partner to identify children
without health benefits coverage.
(g) The partnership established under Subsection (f) must
include entities that contract with the commission to perform
eligibility determination and enrollment functions,
community-based organizations that contract with the commission,
health benefit plan providers, Texas Health Steps program
contractors, health care providers, consumer advocates, and other
interested stakeholders.
SECTION 2. Section 62.101, Health and Safety Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(b-2) and (d) to read as follows:
(b) Subject to Subsection (b-2), the [The] commission shall
establish income eligibility levels consistent with Title XXI,
Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended,
and any other applicable law or regulations, and subject to the
availability of appropriated money, so that a child who is younger
than 19 years of age and whose net family income is at or below 200
percent of the federal poverty level is eligible for health
benefits coverage under the program. In addition to the income
eligibility levels established under this subsection or Subsection
(b-2), the commission may establish eligibility standards
regarding the amount and types of allowable assets for a family
whose net family income is above 150 percent of the federal poverty
level.
(b-2) As soon as possible after the date the commission
determines that 80 percent or more of children in this state who are
eligible for health benefits coverage under the child health plan
program are enrolled in the program or in other adequate health
benefits plan coverage, the commission shall establish income
eligibility levels consistent with Title XXI, Social Security Act
(42 U.S.C. Section 1397aa et seq.), as amended, and any other
applicable law or regulations, and subject to the availability of
appropriated money, so that a child who is younger than 19 years of
age and whose net family income is at or below 300 percent of the
federal poverty level is eligible for health benefits coverage
under the program.
(c) The commissioner shall evaluate enrollment levels and
program impact [every six months during the first 12 months of
implementation and] at least annually [thereafter] and shall submit
a finding of fact to the Legislative Budget Board and the Governor's
Office of Budget and Planning as to:
(1) the adequacy of funding and the ability of the
program to sustain enrollment at the eligibility level established
by Subsection (b); and
(2) the percentage of children in this state who are
eligible for health benefits coverage under the child health plan
program and who are enrolled in the program or in other adequate
health benefits plan coverage.
(d) In the event that appropriated money is insufficient to
sustain enrollment at the authorized eligibility level, the
commissioner shall:
(1) suspend enrollment in the child health plan;
(2) establish a waiting list for applicants for
coverage; and
(3) establish a process for periodic or continued
enrollment of applicants in the child health plan program as the
availability of money allows.
SECTION 3. Section 62.1011, Health and Safety Code, is
amended to read as follows:
Sec. 62.1011. VERIFICATION OF INCOME. The commission
shall continue employing methods of verifying the net income of the
individuals considered in the calculation of an applicant's net
family income. The commission shall verify income under this
section unless the applicant reports a net family income that
exceeds the income eligibility level established under Section
62.101(b) or, if applicable, Section 62.101(b-2).
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect September 1, 2009.