81R10200 PMO-D By: Morrison H.B. No. 3793 A BILL TO BE ENTITLED AN ACT relating to establishing a health and wellness initiative program to reduce health plan costs for certain public employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 1551, Insurance Code, is amended by adding Section 1551.226 to read as follows: Sec. 1551.226. ESTABLISHMENT OF HEALTH AND WELLNESS INITIATIVE PROGRAM. (a) In this section: (1) "Critical illness" means an illness designated by the board of trustees as a critical illness, including: (A) a major cancer, Alzheimer's disease, multiple sclerosis, HIV/AIDS contracted during a blood transfusion or operation, or Parkinson's disease; (B) an organ failure or organ transplant; (C) the loss of independent existence; and (D) any terminal illness. (2) "Initiative program" means the health and wellness initiative program established under this section. (b) The board of trustees by rule shall design and establish a health and wellness initiative program. The initiative program must: (1) include: (A) an early detection incentive for individuals covered by the group benefits program who participate in the initiative program; (B) a no-smoking campaign; and (C) a plan designed to match an individual to a clinical trial; (2) encourage an individual who participates in the initiative program to: (A) obtain a second opinion from a physician or other health care provider about: (i) a diagnosis of cancer or other critical illness; or (ii) treatment options; or (B) visit a certified National Cancer Institute; (3) from available funds, provide a $100 wellness benefit to an employee for undergoing eligible screening tests as designated by the board of trustees; and (4) be available to individuals covered by the group benefits program regardless of the individual's health history. (c) The board of trustees shall establish an Internet website for the initiative program. The board of trustees may develop a list of eligible resources and support services, which may be posted on the website, for individuals diagnosed with cancer or other critical illness. (d) The eligible resources and support services designated under Subsection (c) may provide to individuals diagnosed with cancer or another critical illness and those individuals' friends and families: (1) information about health-related topics, including: (A) obtaining a positive prognosis after a diagnosis; (B) living a healthy lifestyle; and (C) reducing the risk of illness; (2) one-on-one support; (3) counseling and referrals to other resources; and (4) information regarding financial and insurance concerns. (e) The board of trustees shall periodically update the list established under Subsection (c). SECTION 2. Subchapter D, Chapter 1575, Insurance Code, is amended by adding Section 1575.172 to read as follows: Sec. 1575.172. ESTABLISHMENT OF HEALTH AND WELLNESS INITIATIVE PROGRAM. (a) In this section: (1) "Critical illness" means an illness designated by the board of trustees as a critical illness, including: (A) a major cancer, Alzheimer's disease, multiple sclerosis, HIV/AIDS contracted during a blood transfusion or operation, or Parkinson's disease; (B) an organ failure or organ transplant; (C) the loss of independent existence; and (D) any terminal illness. (2) "Initiative program" means the health and wellness initiative program established under this section. (b) The trustee by rule shall design and establish a health and wellness initiative program. The initiative program must: (1) include: (A) an early detection incentive for individuals covered by the group program who participate in the initiative program; (B) a no-smoking campaign; and (C) a plan designed to match an individual to a clinical trial; (2) encourage an individual who participates in the initiative program to: (A) obtain a second opinion from a physician or other health care provider about: (i) a diagnosis of cancer or other critical illness; or (ii) treatment options; or (B) visit a certified National Cancer Institute; (3) from available funds, provide a $100 wellness benefit to a retiree for undergoing eligible screening tests as designated by the trustee; and (4) be available to individuals covered by the group program regardless of the individual's health history. (c) The trustee shall establish an Internet website for the initiative program. The trustee may develop a list of eligible resources and support services, which may be posted on the website, for individuals diagnosed with cancer or other critical illness. (d) The eligible resources and support services designated under Subsection (c) may provide to individuals diagnosed with cancer or another critical illness and those individuals' friends and families: (1) information about health-related topics, including: (A) obtaining a positive prognosis after a diagnosis; (B) living a healthy lifestyle; and (C) reducing the risk of illness; (2) one-on-one support; (3) counseling and referrals to other resources; and (4) information regarding financial and insurance concerns. (e) The trustee shall periodically update the list established under Subsection (c). SECTION 3. Subchapter C, Chapter 1579, Insurance Code, is amended by adding Section 1579.110 to read as follows: Sec. 1579.110. ESTABLISHMENT OF HEALTH AND WELLNESS INITIATIVE PROGRAM. (a) In this section: (1) "Critical illness" means an illness designated by the board of trustees as a critical illness, including: (A) a major cancer, Alzheimer's disease, multiple sclerosis, HIV/AIDS contracted during a blood transfusion or operation, or Parkinson's disease; (B) an organ failure or organ transplant; (C) the loss of independent existence; and (D) any terminal illness. (2) "Initiative program" means the health and wellness initiative program established under this section. (b) The trustee by rule shall design and establish a health and wellness initiative program. The initiative program must: (1) include: (A) an early detection incentive for individuals covered by the uniform group coverage program who participate in the initiative program; (B) a no-smoking campaign; and (C) a plan designed to match an individual to a clinical trial; (2) encourage an individual who participates in the initiative program to: (A) obtain a second opinion from a physician or other health care provider about: (i) a diagnosis of cancer or other critical illness; or (ii) treatment options; or (B) visit a certified National Cancer Institute; (3) from available funds, provide a $100 wellness benefit to an employee for undergoing eligible screening tests as designated by the trustee; and (4) be available to individuals covered by the uniform group coverage program regardless of the individual's health history. (c) The trustee shall establish an Internet website for the initiative program. The trustee may develop a list of eligible resources and support services, which may be posted on the website, for individuals diagnosed with cancer or other critical illness. (d) The eligible resources and support services designated under Subsection (c) may provide to individuals diagnosed with cancer or another critical illness and those individuals' friends and families: (1) information about health-related topics, including: (A) obtaining a positive prognosis after a diagnosis; (B) living a healthy lifestyle; and (C) reducing the risk of illness; (2) one-on-one support; (3) counseling and referrals to other resources; and (4) information regarding financial and insurance concerns. (e) The trustee shall periodically update the list established under Subsection (c). SECTION 4. Subchapter C, Chapter 1601, Insurance Code, is amended by adding Section 1601.112 to read as follows: Sec. 1601.112. ESTABLISHMENT OF HEALTH AND WELLNESS INITIATIVE PROGRAM. (a) In this section: (1) "Critical illness" means an illness designated by the board of trustees as a critical illness, including: (A) a major cancer, Alzheimer's disease, multiple sclerosis, HIV/AIDS contracted during a blood transfusion or operation, or Parkinson's disease; (B) an organ failure or organ transplant; (C) the loss of independent existence; and (D) any terminal illness. (2) "Initiative program" means the health and wellness initiative program established under this section. (b) Each system by rule shall design and establish a health and wellness initiative program. The initiative program must: (1) include: (A) an early detection incentive for individuals covered by a uniform program who participate in the initiative program; (B) a no-smoking campaign; and (C) a plan designed to match an individual to a clinical trial; (2) encourage an individual who participates in the initiative program to: (A) obtain a second opinion from a physician or other health care provider about: (i) a diagnosis of cancer or other critical illness; or (ii) treatment options; or (B) visit a certified National Cancer Institute; (3) from available funds, provide a $100 wellness benefit to an employee for undergoing eligible screening tests as designated by the system; and (4) be available to individuals covered by a uniform program regardless of the individual's health history. (c) Each system shall establish an Internet website for the initiative program. The system may develop a list of eligible resources and support services, which may be posted on the website, for individuals diagnosed with cancer or other critical illness. (d) The eligible resources and support services designated under Subsection (c) may provide to individuals diagnosed with cancer or another critical illness and those individuals' friends and families: (1) information about health-related topics, including: (A) obtaining a positive prognosis after a diagnosis; (B) living a healthy lifestyle; and (C) reducing the risk of illness; (2) one-on-one support; (3) counseling and referrals to other resources; and (4) information regarding financial and insurance concerns. (e) Each system shall periodically update the list established under Subsection (c). SECTION 5. The changes in law made by this Act apply only to health benefit plans provided under Chapters 1551, 1575, 1579, and 1601, Insurance Code, beginning with the 2009-2010 plan year. A plan year before 2009-2010 is governed by the law as it existed immediately before September 1, 2009, and that law is continued in effect for that purpose. SECTION 6. This Act takes effect September 1, 2009.