1 | 1 | | 81R10200 PMO-D |
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2 | 2 | | By: Morrison H.B. No. 3793 |
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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 establishing a health and wellness initiative program |
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8 | 8 | | to reduce health plan costs for certain public 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. Subchapter E, Chapter 1551, Insurance Code, is |
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11 | 11 | | amended by adding Section 1551.226 to read as follows: |
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12 | 12 | | Sec. 1551.226. ESTABLISHMENT OF HEALTH AND WELLNESS |
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13 | 13 | | INITIATIVE PROGRAM. (a) In this section: |
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14 | 14 | | (1) "Critical illness" means an illness designated by |
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15 | 15 | | the board of trustees as a critical illness, including: |
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16 | 16 | | (A) a major cancer, Alzheimer's disease, |
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17 | 17 | | multiple sclerosis, HIV/AIDS contracted during a blood transfusion |
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18 | 18 | | or operation, or Parkinson's disease; |
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19 | 19 | | (B) an organ failure or organ transplant; |
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20 | 20 | | (C) the loss of independent existence; and |
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21 | 21 | | (D) any terminal illness. |
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22 | 22 | | (2) "Initiative program" means the health and wellness |
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23 | 23 | | initiative program established under this section. |
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24 | 24 | | (b) The board of trustees by rule shall design and establish |
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25 | 25 | | a health and wellness initiative program. The initiative program |
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26 | 26 | | must: |
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27 | 27 | | (1) include: |
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28 | 28 | | (A) an early detection incentive for individuals |
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29 | 29 | | covered by the group benefits program who participate in the |
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30 | 30 | | initiative program; |
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31 | 31 | | (B) a no-smoking campaign; and |
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32 | 32 | | (C) a plan designed to match an individual to a |
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33 | 33 | | clinical trial; |
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34 | 34 | | (2) encourage an individual who participates in the |
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35 | 35 | | initiative program to: |
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36 | 36 | | (A) obtain a second opinion from a physician or |
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37 | 37 | | other health care provider about: |
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38 | 38 | | (i) a diagnosis of cancer or other critical |
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39 | 39 | | illness; or |
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40 | 40 | | (ii) treatment options; or |
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41 | 41 | | (B) visit a certified National Cancer Institute; |
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42 | 42 | | (3) from available funds, provide a $100 wellness |
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43 | 43 | | benefit to an employee for undergoing eligible screening tests as |
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44 | 44 | | designated by the board of trustees; and |
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45 | 45 | | (4) be available to individuals covered by the group |
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46 | 46 | | benefits program regardless of the individual's health history. |
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47 | 47 | | (c) The board of trustees shall establish an Internet |
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48 | 48 | | website for the initiative program. The board of trustees may |
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49 | 49 | | develop a list of eligible resources and support services, which |
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50 | 50 | | may be posted on the website, for individuals diagnosed with cancer |
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51 | 51 | | or other critical illness. |
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52 | 52 | | (d) The eligible resources and support services designated |
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53 | 53 | | under Subsection (c) may provide to individuals diagnosed with |
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54 | 54 | | cancer or another critical illness and those individuals' friends |
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55 | 55 | | and families: |
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56 | 56 | | (1) information about health-related topics, |
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57 | 57 | | including: |
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58 | 58 | | (A) obtaining a positive prognosis after a |
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59 | 59 | | diagnosis; |
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60 | 60 | | (B) living a healthy lifestyle; and |
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61 | 61 | | (C) reducing the risk of illness; |
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62 | 62 | | (2) one-on-one support; |
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63 | 63 | | (3) counseling and referrals to other resources; and |
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64 | 64 | | (4) information regarding financial and insurance |
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65 | 65 | | concerns. |
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66 | 66 | | (e) The board of trustees shall periodically update the list |
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67 | 67 | | established under Subsection (c). |
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68 | 68 | | SECTION 2. Subchapter D, Chapter 1575, Insurance Code, is |
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69 | 69 | | amended by adding Section 1575.172 to read as follows: |
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70 | 70 | | Sec. 1575.172. ESTABLISHMENT OF HEALTH AND WELLNESS |
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71 | 71 | | INITIATIVE PROGRAM. (a) In this section: |
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72 | 72 | | (1) "Critical illness" means an illness designated by |
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73 | 73 | | the board of trustees as a critical illness, including: |
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74 | 74 | | (A) a major cancer, Alzheimer's disease, |
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75 | 75 | | multiple sclerosis, HIV/AIDS contracted during a blood transfusion |
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76 | 76 | | or operation, or Parkinson's disease; |
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77 | 77 | | (B) an organ failure or organ transplant; |
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78 | 78 | | (C) the loss of independent existence; and |
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79 | 79 | | (D) any terminal illness. |
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80 | 80 | | (2) "Initiative program" means the health and wellness |
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81 | 81 | | initiative program established under this section. |
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82 | 82 | | (b) The trustee by rule shall design and establish a health |
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83 | 83 | | and wellness initiative program. The initiative program must: |
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84 | 84 | | (1) include: |
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85 | 85 | | (A) an early detection incentive for individuals |
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86 | 86 | | covered by the group program who participate in the initiative |
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87 | 87 | | program; |
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88 | 88 | | (B) a no-smoking campaign; and |
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89 | 89 | | (C) a plan designed to match an individual to a |
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90 | 90 | | clinical trial; |
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91 | 91 | | (2) encourage an individual who participates in the |
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92 | 92 | | initiative program to: |
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93 | 93 | | (A) obtain a second opinion from a physician or |
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94 | 94 | | other health care provider about: |
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95 | 95 | | (i) a diagnosis of cancer or other critical |
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96 | 96 | | illness; or |
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97 | 97 | | (ii) treatment options; or |
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98 | 98 | | (B) visit a certified National Cancer Institute; |
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99 | 99 | | (3) from available funds, provide a $100 wellness |
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100 | 100 | | benefit to a retiree for undergoing eligible screening tests as |
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101 | 101 | | designated by the trustee; and |
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102 | 102 | | (4) be available to individuals covered by the group |
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103 | 103 | | program regardless of the individual's health history. |
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104 | 104 | | (c) The trustee shall establish an Internet website for the |
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105 | 105 | | initiative program. The trustee may develop a list of eligible |
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106 | 106 | | resources and support services, which may be posted on the website, |
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107 | 107 | | for individuals diagnosed with cancer or other critical illness. |
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108 | 108 | | (d) The eligible resources and support services designated |
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109 | 109 | | under Subsection (c) may provide to individuals diagnosed with |
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110 | 110 | | cancer or another critical illness and those individuals' friends |
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111 | 111 | | and families: |
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112 | 112 | | (1) information about health-related topics, |
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113 | 113 | | including: |
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114 | 114 | | (A) obtaining a positive prognosis after a |
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115 | 115 | | diagnosis; |
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116 | 116 | | (B) living a healthy lifestyle; and |
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117 | 117 | | (C) reducing the risk of illness; |
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118 | 118 | | (2) one-on-one support; |
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119 | 119 | | (3) counseling and referrals to other resources; and |
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120 | 120 | | (4) information regarding financial and insurance |
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121 | 121 | | concerns. |
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122 | 122 | | (e) The trustee shall periodically update the list |
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123 | 123 | | established under Subsection (c). |
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124 | 124 | | SECTION 3. Subchapter C, Chapter 1579, Insurance Code, is |
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125 | 125 | | amended by adding Section 1579.110 to read as follows: |
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126 | 126 | | Sec. 1579.110. ESTABLISHMENT OF HEALTH AND WELLNESS |
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127 | 127 | | INITIATIVE PROGRAM. (a) In this section: |
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128 | 128 | | (1) "Critical illness" means an illness designated by |
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129 | 129 | | the board of trustees as a critical illness, including: |
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130 | 130 | | (A) a major cancer, Alzheimer's disease, |
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131 | 131 | | multiple sclerosis, HIV/AIDS contracted during a blood transfusion |
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132 | 132 | | or operation, or Parkinson's disease; |
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133 | 133 | | (B) an organ failure or organ transplant; |
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134 | 134 | | (C) the loss of independent existence; and |
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135 | 135 | | (D) any terminal illness. |
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136 | 136 | | (2) "Initiative program" means the health and wellness |
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137 | 137 | | initiative program established under this section. |
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138 | 138 | | (b) The trustee by rule shall design and establish a health |
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139 | 139 | | and wellness initiative program. The initiative program must: |
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140 | 140 | | (1) include: |
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141 | 141 | | (A) an early detection incentive for individuals |
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142 | 142 | | covered by the uniform group coverage program who participate in |
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143 | 143 | | the initiative program; |
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144 | 144 | | (B) a no-smoking campaign; and |
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145 | 145 | | (C) a plan designed to match an individual to a |
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146 | 146 | | clinical trial; |
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147 | 147 | | (2) encourage an individual who participates in the |
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148 | 148 | | initiative program to: |
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149 | 149 | | (A) obtain a second opinion from a physician or |
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150 | 150 | | other health care provider about: |
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151 | 151 | | (i) a diagnosis of cancer or other critical |
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152 | 152 | | illness; or |
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153 | 153 | | (ii) treatment options; or |
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154 | 154 | | (B) visit a certified National Cancer Institute; |
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155 | 155 | | (3) from available funds, provide a $100 wellness |
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156 | 156 | | benefit to an employee for undergoing eligible screening tests as |
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157 | 157 | | designated by the trustee; and |
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158 | 158 | | (4) be available to individuals covered by the uniform |
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159 | 159 | | group coverage program regardless of the individual's health |
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160 | 160 | | history. |
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161 | 161 | | (c) The trustee shall establish an Internet website for the |
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162 | 162 | | initiative program. The trustee may develop a list of eligible |
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163 | 163 | | resources and support services, which may be posted on the website, |
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164 | 164 | | for individuals diagnosed with cancer or other critical illness. |
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165 | 165 | | (d) The eligible resources and support services designated |
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166 | 166 | | under Subsection (c) may provide to individuals diagnosed with |
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167 | 167 | | cancer or another critical illness and those individuals' friends |
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168 | 168 | | and families: |
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169 | 169 | | (1) information about health-related topics, |
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170 | 170 | | including: |
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171 | 171 | | (A) obtaining a positive prognosis after a |
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172 | 172 | | diagnosis; |
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173 | 173 | | (B) living a healthy lifestyle; and |
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174 | 174 | | (C) reducing the risk of illness; |
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175 | 175 | | (2) one-on-one support; |
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176 | 176 | | (3) counseling and referrals to other resources; and |
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177 | 177 | | (4) information regarding financial and insurance |
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178 | 178 | | concerns. |
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179 | 179 | | (e) The trustee shall periodically update the list |
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180 | 180 | | established under Subsection (c). |
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181 | 181 | | SECTION 4. Subchapter C, Chapter 1601, Insurance Code, is |
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182 | 182 | | amended by adding Section 1601.112 to read as follows: |
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183 | 183 | | Sec. 1601.112. ESTABLISHMENT OF HEALTH AND WELLNESS |
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184 | 184 | | INITIATIVE PROGRAM. (a) In this section: |
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185 | 185 | | (1) "Critical illness" means an illness designated by |
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186 | 186 | | the board of trustees as a critical illness, including: |
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187 | 187 | | (A) a major cancer, Alzheimer's disease, |
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188 | 188 | | multiple sclerosis, HIV/AIDS contracted during a blood transfusion |
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189 | 189 | | or operation, or Parkinson's disease; |
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190 | 190 | | (B) an organ failure or organ transplant; |
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191 | 191 | | (C) the loss of independent existence; and |
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192 | 192 | | (D) any terminal illness. |
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193 | 193 | | (2) "Initiative program" means the health and wellness |
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194 | 194 | | initiative program established under this section. |
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195 | 195 | | (b) Each system by rule shall design and establish a health |
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196 | 196 | | and wellness initiative program. The initiative program must: |
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197 | 197 | | (1) include: |
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198 | 198 | | (A) an early detection incentive for individuals |
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199 | 199 | | covered by a uniform program who participate in the initiative |
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200 | 200 | | program; |
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201 | 201 | | (B) a no-smoking campaign; and |
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202 | 202 | | (C) a plan designed to match an individual to a |
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203 | 203 | | clinical trial; |
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204 | 204 | | (2) encourage an individual who participates in the |
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205 | 205 | | initiative program to: |
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206 | 206 | | (A) obtain a second opinion from a physician or |
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207 | 207 | | other health care provider about: |
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208 | 208 | | (i) a diagnosis of cancer or other critical |
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209 | 209 | | illness; or |
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210 | 210 | | (ii) treatment options; or |
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211 | 211 | | (B) visit a certified National Cancer Institute; |
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212 | 212 | | (3) from available funds, provide a $100 wellness |
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213 | 213 | | benefit to an employee for undergoing eligible screening tests as |
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214 | 214 | | designated by the system; and |
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215 | 215 | | (4) be available to individuals covered by a uniform |
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216 | 216 | | program regardless of the individual's health history. |
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217 | 217 | | (c) Each system shall establish an Internet website for the |
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218 | 218 | | initiative program. The system may develop a list of eligible |
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219 | 219 | | resources and support services, which may be posted on the website, |
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220 | 220 | | for individuals diagnosed with cancer or other critical illness. |
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221 | 221 | | (d) The eligible resources and support services designated |
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222 | 222 | | under Subsection (c) may provide to individuals diagnosed with |
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223 | 223 | | cancer or another critical illness and those individuals' friends |
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224 | 224 | | and families: |
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225 | 225 | | (1) information about health-related topics, |
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226 | 226 | | including: |
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227 | 227 | | (A) obtaining a positive prognosis after a |
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228 | 228 | | diagnosis; |
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229 | 229 | | (B) living a healthy lifestyle; and |
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230 | 230 | | (C) reducing the risk of illness; |
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231 | 231 | | (2) one-on-one support; |
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232 | 232 | | (3) counseling and referrals to other resources; and |
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233 | 233 | | (4) information regarding financial and insurance |
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234 | 234 | | concerns. |
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235 | 235 | | (e) Each system shall periodically update the list |
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236 | 236 | | established under Subsection (c). |
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237 | 237 | | SECTION 5. The changes in law made by this Act apply only to |
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238 | 238 | | health benefit plans provided under Chapters 1551, 1575, 1579, and |
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239 | 239 | | 1601, Insurance Code, beginning with the 2009-2010 plan year. A |
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240 | 240 | | plan year before 2009-2010 is governed by the law as it existed |
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241 | 241 | | immediately before September 1, 2009, and that law is continued in |
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242 | 242 | | effect for that purpose. |
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243 | 243 | | SECTION 6. This Act takes effect September 1, 2009. |
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