Texas 2009 - 81st Regular

Texas House Bill HB3793 Compare Versions

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11 81R10200 PMO-D
22 By: Morrison H.B. No. 3793
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to establishing a health and wellness initiative program
88 to reduce health plan costs for certain public employees.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter E, Chapter 1551, Insurance Code, is
1111 amended by adding Section 1551.226 to read as follows:
1212 Sec. 1551.226. ESTABLISHMENT OF HEALTH AND WELLNESS
1313 INITIATIVE PROGRAM. (a) In this section:
1414 (1) "Critical illness" means an illness designated by
1515 the board of trustees as a critical illness, including:
1616 (A) a major cancer, Alzheimer's disease,
1717 multiple sclerosis, HIV/AIDS contracted during a blood transfusion
1818 or operation, or Parkinson's disease;
1919 (B) an organ failure or organ transplant;
2020 (C) the loss of independent existence; and
2121 (D) any terminal illness.
2222 (2) "Initiative program" means the health and wellness
2323 initiative program established under this section.
2424 (b) The board of trustees by rule shall design and establish
2525 a health and wellness initiative program. The initiative program
2626 must:
2727 (1) include:
2828 (A) an early detection incentive for individuals
2929 covered by the group benefits program who participate in the
3030 initiative program;
3131 (B) a no-smoking campaign; and
3232 (C) a plan designed to match an individual to a
3333 clinical trial;
3434 (2) encourage an individual who participates in the
3535 initiative program to:
3636 (A) obtain a second opinion from a physician or
3737 other health care provider about:
3838 (i) a diagnosis of cancer or other critical
3939 illness; or
4040 (ii) treatment options; or
4141 (B) visit a certified National Cancer Institute;
4242 (3) from available funds, provide a $100 wellness
4343 benefit to an employee for undergoing eligible screening tests as
4444 designated by the board of trustees; and
4545 (4) be available to individuals covered by the group
4646 benefits program regardless of the individual's health history.
4747 (c) The board of trustees shall establish an Internet
4848 website for the initiative program. The board of trustees may
4949 develop a list of eligible resources and support services, which
5050 may be posted on the website, for individuals diagnosed with cancer
5151 or other critical illness.
5252 (d) The eligible resources and support services designated
5353 under Subsection (c) may provide to individuals diagnosed with
5454 cancer or another critical illness and those individuals' friends
5555 and families:
5656 (1) information about health-related topics,
5757 including:
5858 (A) obtaining a positive prognosis after a
5959 diagnosis;
6060 (B) living a healthy lifestyle; and
6161 (C) reducing the risk of illness;
6262 (2) one-on-one support;
6363 (3) counseling and referrals to other resources; and
6464 (4) information regarding financial and insurance
6565 concerns.
6666 (e) The board of trustees shall periodically update the list
6767 established under Subsection (c).
6868 SECTION 2. Subchapter D, Chapter 1575, Insurance Code, is
6969 amended by adding Section 1575.172 to read as follows:
7070 Sec. 1575.172. ESTABLISHMENT OF HEALTH AND WELLNESS
7171 INITIATIVE PROGRAM. (a) In this section:
7272 (1) "Critical illness" means an illness designated by
7373 the board of trustees as a critical illness, including:
7474 (A) a major cancer, Alzheimer's disease,
7575 multiple sclerosis, HIV/AIDS contracted during a blood transfusion
7676 or operation, or Parkinson's disease;
7777 (B) an organ failure or organ transplant;
7878 (C) the loss of independent existence; and
7979 (D) any terminal illness.
8080 (2) "Initiative program" means the health and wellness
8181 initiative program established under this section.
8282 (b) The trustee by rule shall design and establish a health
8383 and wellness initiative program. The initiative program must:
8484 (1) include:
8585 (A) an early detection incentive for individuals
8686 covered by the group program who participate in the initiative
8787 program;
8888 (B) a no-smoking campaign; and
8989 (C) a plan designed to match an individual to a
9090 clinical trial;
9191 (2) encourage an individual who participates in the
9292 initiative program to:
9393 (A) obtain a second opinion from a physician or
9494 other health care provider about:
9595 (i) a diagnosis of cancer or other critical
9696 illness; or
9797 (ii) treatment options; or
9898 (B) visit a certified National Cancer Institute;
9999 (3) from available funds, provide a $100 wellness
100100 benefit to a retiree for undergoing eligible screening tests as
101101 designated by the trustee; and
102102 (4) be available to individuals covered by the group
103103 program regardless of the individual's health history.
104104 (c) The trustee shall establish an Internet website for the
105105 initiative program. The trustee may develop a list of eligible
106106 resources and support services, which may be posted on the website,
107107 for individuals diagnosed with cancer or other critical illness.
108108 (d) The eligible resources and support services designated
109109 under Subsection (c) may provide to individuals diagnosed with
110110 cancer or another critical illness and those individuals' friends
111111 and families:
112112 (1) information about health-related topics,
113113 including:
114114 (A) obtaining a positive prognosis after a
115115 diagnosis;
116116 (B) living a healthy lifestyle; and
117117 (C) reducing the risk of illness;
118118 (2) one-on-one support;
119119 (3) counseling and referrals to other resources; and
120120 (4) information regarding financial and insurance
121121 concerns.
122122 (e) The trustee shall periodically update the list
123123 established under Subsection (c).
124124 SECTION 3. Subchapter C, Chapter 1579, Insurance Code, is
125125 amended by adding Section 1579.110 to read as follows:
126126 Sec. 1579.110. ESTABLISHMENT OF HEALTH AND WELLNESS
127127 INITIATIVE PROGRAM. (a) In this section:
128128 (1) "Critical illness" means an illness designated by
129129 the board of trustees as a critical illness, including:
130130 (A) a major cancer, Alzheimer's disease,
131131 multiple sclerosis, HIV/AIDS contracted during a blood transfusion
132132 or operation, or Parkinson's disease;
133133 (B) an organ failure or organ transplant;
134134 (C) the loss of independent existence; and
135135 (D) any terminal illness.
136136 (2) "Initiative program" means the health and wellness
137137 initiative program established under this section.
138138 (b) The trustee by rule shall design and establish a health
139139 and wellness initiative program. The initiative program must:
140140 (1) include:
141141 (A) an early detection incentive for individuals
142142 covered by the uniform group coverage program who participate in
143143 the initiative program;
144144 (B) a no-smoking campaign; and
145145 (C) a plan designed to match an individual to a
146146 clinical trial;
147147 (2) encourage an individual who participates in the
148148 initiative program to:
149149 (A) obtain a second opinion from a physician or
150150 other health care provider about:
151151 (i) a diagnosis of cancer or other critical
152152 illness; or
153153 (ii) treatment options; or
154154 (B) visit a certified National Cancer Institute;
155155 (3) from available funds, provide a $100 wellness
156156 benefit to an employee for undergoing eligible screening tests as
157157 designated by the trustee; and
158158 (4) be available to individuals covered by the uniform
159159 group coverage program regardless of the individual's health
160160 history.
161161 (c) The trustee shall establish an Internet website for the
162162 initiative program. The trustee may develop a list of eligible
163163 resources and support services, which may be posted on the website,
164164 for individuals diagnosed with cancer or other critical illness.
165165 (d) The eligible resources and support services designated
166166 under Subsection (c) may provide to individuals diagnosed with
167167 cancer or another critical illness and those individuals' friends
168168 and families:
169169 (1) information about health-related topics,
170170 including:
171171 (A) obtaining a positive prognosis after a
172172 diagnosis;
173173 (B) living a healthy lifestyle; and
174174 (C) reducing the risk of illness;
175175 (2) one-on-one support;
176176 (3) counseling and referrals to other resources; and
177177 (4) information regarding financial and insurance
178178 concerns.
179179 (e) The trustee shall periodically update the list
180180 established under Subsection (c).
181181 SECTION 4. Subchapter C, Chapter 1601, Insurance Code, is
182182 amended by adding Section 1601.112 to read as follows:
183183 Sec. 1601.112. ESTABLISHMENT OF HEALTH AND WELLNESS
184184 INITIATIVE PROGRAM. (a) In this section:
185185 (1) "Critical illness" means an illness designated by
186186 the board of trustees as a critical illness, including:
187187 (A) a major cancer, Alzheimer's disease,
188188 multiple sclerosis, HIV/AIDS contracted during a blood transfusion
189189 or operation, or Parkinson's disease;
190190 (B) an organ failure or organ transplant;
191191 (C) the loss of independent existence; and
192192 (D) any terminal illness.
193193 (2) "Initiative program" means the health and wellness
194194 initiative program established under this section.
195195 (b) Each system by rule shall design and establish a health
196196 and wellness initiative program. The initiative program must:
197197 (1) include:
198198 (A) an early detection incentive for individuals
199199 covered by a uniform program who participate in the initiative
200200 program;
201201 (B) a no-smoking campaign; and
202202 (C) a plan designed to match an individual to a
203203 clinical trial;
204204 (2) encourage an individual who participates in the
205205 initiative program to:
206206 (A) obtain a second opinion from a physician or
207207 other health care provider about:
208208 (i) a diagnosis of cancer or other critical
209209 illness; or
210210 (ii) treatment options; or
211211 (B) visit a certified National Cancer Institute;
212212 (3) from available funds, provide a $100 wellness
213213 benefit to an employee for undergoing eligible screening tests as
214214 designated by the system; and
215215 (4) be available to individuals covered by a uniform
216216 program regardless of the individual's health history.
217217 (c) Each system shall establish an Internet website for the
218218 initiative program. The system may develop a list of eligible
219219 resources and support services, which may be posted on the website,
220220 for individuals diagnosed with cancer or other critical illness.
221221 (d) The eligible resources and support services designated
222222 under Subsection (c) may provide to individuals diagnosed with
223223 cancer or another critical illness and those individuals' friends
224224 and families:
225225 (1) information about health-related topics,
226226 including:
227227 (A) obtaining a positive prognosis after a
228228 diagnosis;
229229 (B) living a healthy lifestyle; and
230230 (C) reducing the risk of illness;
231231 (2) one-on-one support;
232232 (3) counseling and referrals to other resources; and
233233 (4) information regarding financial and insurance
234234 concerns.
235235 (e) Each system shall periodically update the list
236236 established under Subsection (c).
237237 SECTION 5. The changes in law made by this Act apply only to
238238 health benefit plans provided under Chapters 1551, 1575, 1579, and
239239 1601, Insurance Code, beginning with the 2009-2010 plan year. A
240240 plan year before 2009-2010 is governed by the law as it existed
241241 immediately before September 1, 2009, and that law is continued in
242242 effect for that purpose.
243243 SECTION 6. This Act takes effect September 1, 2009.