By: Herrero H.B. No. 4278
A BILL TO BE ENTITLED
AN ACT
relating to the child health plan program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 62.101(b), and (b-1) of the Health and
Safety Code, are amended to read as follows:
(b) 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 [200] percent of the federal
poverty level is eligible for health benefits coverage under the
program. In addition, the commission may establish eligibility
standards regarding the amount and types of allowable assets for a
family whose net family income is above 250 [150] percent of the
federal poverty level.
SECTION 2. Section 62.102(b), Health and Safety Code, is
amended to read as follows:
(b) During the sixth month following the date of initial
enrollment or reenrollment of an individual whose net family income
exceeds 285 [185] percent of the federal poverty level, the
commission shall:
(1) review the individual's net family income and may
use electronic technology if available and appropriate; and
(2) continue to provide coverage if the individual's
net family income does not exceed the income eligibility limits
prescribed by this chapter.
SECTION 3. Section 62.101(b), Health and Safety Code, as
amended by this Act, applies to a determination of eligibility of a
person for coverage under the child health plan under Chapter 62,
Health and Safety Code, made on or after the effective date of this
Act, regardless of the date the person applied for that coverage.
SECTION 4. Section 62.102(b), Health and Safety Code, as
amended by this Act, applies to an enrollee under the child health
plan under Chapter 62, Health and Safety Code, beginning on the
effective date of this Act, regardless of the date the enrollment
period began.
SECTION 5. 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 a waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 6. This Act takes effect September 1, 2009.
(b-1) The eligibility standards adopted under Subsection
(b) related to allowable assets:
(1) must allow a family to own at least $20,000
[$10,000] in allowable assets; and
(2) may not in calculating the amount of allowable
assets under Subdivision (1) consider:
(A) the value of one vehicle that qualifies for
an exemption under commission rule based on its use;
(B) the value of a second or subsequent vehicle
that qualifies for an exemption under commission rule based on its
use if:
(i) the vehicle is worth $18,000 or less; or
(ii) the vehicle has been modified to
provide transportation for a household member with a disability;
(C) if no vehicle qualifies for an exemption
based on its use under commission rule, the [first $18,000 of] value
of the highest valued vehicle; or
(D) the first $7,500 of value of any vehicle not
described by Paragraph (A), (B), or (C).
SECTION 2. Subchapter C, Chapter 62, Health and Safety
Code, is amended by adding Section 62.1012 to read as follows:
Sec. 62.1012. FULL COST BUY-IN PROGRAM. (a) The commission
may establish a full cost buy-in program under which a family pays
premiums in an amount that fully offsets the cost of coverage under
the child health plan.
(b) A child who is not eligible for the child health plan
because the family's allowable assets exceed the amount established
under Section 62.101(b) is eligible to participate in a full cost
buy-in program established under this section.
SECTION 3. 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
waiter or authorization is granted.
SECTION 4. This Act takes effect September 1, 2009.