Texas 2009 - 81st Regular

Texas House Bill HB4278 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Herrero H.B. No. 4278
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the child health plan program.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 62.101(b), and (b-1) of the Health and
9	9	Safety Code, are amended to read as follows:
10	10	(b) The commission shall establish income eligibility
11	11	levels consistent with Title XXI, Social Security Act (42 U.S.C.
12	12	Section 1397aa et seq.), as amended, and any other applicable law or
13	13	regulations, and subject to the availability of appropriated money,
14	14	so that a child who is younger than 19 years of age and whose net
15	15	family income is at or below 300 [200] percent of the federal
16	16	poverty level is eligible for health benefits coverage under the
17	17	program. In addition, the commission may establish eligibility
18	18	standards regarding the amount and types of allowable assets for a
19	19	family whose net family income is above 250 [150] percent of the
20	20	federal poverty level.
21	21	SECTION 2. Section 62.102(b), Health and Safety Code, is
22	22	amended to read as follows:
23	23	(b) During the sixth month following the date of initial
24	24	enrollment or reenrollment of an individual whose net family income
25	25	exceeds 285 [185] percent of the federal poverty level, the
26	26	commission shall:
27	27	(1) review the individual's net family income and may
28	28	use electronic technology if available and appropriate; and
29	29	(2) continue to provide coverage if the individual's
30	30	net family income does not exceed the income eligibility limits
31	31	prescribed by this chapter.
32	32	SECTION 3. Section 62.101(b), Health and Safety Code, as
33	33	amended by this Act, applies to a determination of eligibility of a
34	34	person for coverage under the child health plan under Chapter 62,
35	35	Health and Safety Code, made on or after the effective date of this
36	36	Act, regardless of the date the person applied for that coverage.
37	37	SECTION 4. Section 62.102(b), Health and Safety Code, as
38	38	amended by this Act, applies to an enrollee under the child health
39	39	plan under Chapter 62, Health and Safety Code, beginning on the
40	40	effective date of this Act, regardless of the date the enrollment
41	41	period began.
42	42	SECTION 5. If before implementing any provision of this Act
43	43	a state agency determines that a waiver or authorization from a
44	44	federal agency is necessary for implementation of that provision,
45	45	the agency affected by the provision shall request a waiver or
46	46	authorization and may delay implementing that provision until the
47	47	waiver or authorization is granted.
48	48	SECTION 6. This Act takes effect September 1, 2009.
49	49	(b-1) The eligibility standards adopted under Subsection
50	50	(b) related to allowable assets:
51	51	(1) must allow a family to own at least $20,000
52	52	[$10,000] in allowable assets; and
53	53	(2) may not in calculating the amount of allowable
54	54	assets under Subdivision (1) consider:
55	55	(A) the value of one vehicle that qualifies for
56	56	an exemption under commission rule based on its use;
57	57	(B) the value of a second or subsequent vehicle
58	58	that qualifies for an exemption under commission rule based on its
59	59	use if:
60	60	(i) the vehicle is worth $18,000 or less; or
61	61	(ii) the vehicle has been modified to
62	62	provide transportation for a household member with a disability;
63	63	(C) if no vehicle qualifies for an exemption
64	64	based on its use under commission rule, the [first $18,000 of] value
65	65	of the highest valued vehicle; or
66	66	(D) the first $7,500 of value of any vehicle not
67	67	described by Paragraph (A), (B), or (C).
68	68	SECTION 2. Subchapter C, Chapter 62, Health and Safety
69	69	Code, is amended by adding Section 62.1012 to read as follows:
70	70	Sec. 62.1012. FULL COST BUY-IN PROGRAM. (a) The commission
71	71	may establish a full cost buy-in program under which a family pays
72	72	premiums in an amount that fully offsets the cost of coverage under
73	73	the child health plan.
74	74	(b) A child who is not eligible for the child health plan
75	75	because the family's allowable assets exceed the amount established
76	76	under Section 62.101(b) is eligible to participate in a full cost
77	77	buy-in program established under this section.
78	78	SECTION 3. If before implementing any provision of this Act
79	79	a state agency determines that a waiver or authorization from a
80	80	federal agency is necessary for implementation of that provision,
81	81	the agency affected by the provision shall request the waiver or
82	82	authorization and may delay implementing that provision until the
83	83	waiter or authorization is granted.
84	84	SECTION 4. This Act takes effect September 1, 2009.