Texas 2009 - 81st Regular

Texas House Bill HB743 Compare Versions

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

Old	New	Differences
1	1	81R5011 KFF-D
2	2	By: Dukes H.B. No. 743
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health benefits coverage for certain persons under the
8	8	child health plan and other programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 62.101(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) The commission shall establish income eligibility
13	13	levels consistent with Title XXI, Social Security Act (42 U.S.C.
14	14	Section 1397aa et seq.), as amended, and any other applicable law or
15	15	regulations, and subject to the availability of appropriated money,
16	16	so that a child who is younger than 19 years of age and whose net
17	17	family income is at or below 300 [200] percent of the federal
18	18	poverty level is eligible for health benefits coverage under the
19	19	program. In addition, the commission may establish eligibility
20	20	standards regarding the amount and types of allowable assets for a
21	21	family whose net family income is above 150 percent of the federal
22	22	poverty level.
23	23	SECTION 2. Subtitle C, Title 2, Health and Safety Code, is
24	24	amended by adding Chapter 65 to read as follows:
25	25	CHAPTER 65. DEMONSTRATION PROJECT TO PROVIDE HEALTH BENEFITS PLAN
26	26	COVERAGE TO CERTAIN PARENTS
27	27	Sec. 65.001. DEFINITIONS. In this chapter:
28	28	(1) "Commission" means the Health and Human Services
29	29	Commission.
30	30	(2) "Executive commissioner" means the executive
31	31	commissioner of the Health and Human Services Commission.
32	32	Sec. 65.002. NOT AN ENTITLEMENT. This chapter does not
33	33	establish an entitlement to assistance in obtaining health
34	34	benefits.
35	35	Sec. 65.003. HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN
36	36	PARENTS. (a) The executive commissioner shall develop and seek a
37	37	waiver under Section 1115 of the federal Social Security Act (42
38	38	U.S.C. Section 1315) to implement a demonstration project to
39	39	provide health benefits plan coverage to an individual who:
40	40	(1) is the parent of a child receiving medical
41	41	assistance under Chapter 32, Human Resources Code, or of a child
42	42	enrolled in the child health plan under Chapter 62;
43	43	(2) has a net family income, as defined by Section
44	44	62.002, that is equal to or less than 300 percent of the federal
45	45	poverty level;
46	46	(3) is not eligible for medical assistance; and
47	47	(4) is not covered by a health benefits plan offering
48	48	adequate benefits, as determined by the commission.
49	49	(b) The demonstration project developed under this section
50	50	must be designed and administered in a manner that:
51	51	(1) qualifies for federal funding; and
52	52	(2) is, to the extent practical, substantively
53	53	identical to the manner in which the child health plan program is
54	54	administered under Chapter 62, except as otherwise provided by this
55	55	chapter.
56	56	Sec. 65.004. COST-SHARING REQUIREMENTS. The commission
57	57	shall require that an individual provided health benefits plan
58	58	coverage under this chapter pay:
59	59	(1) 100 percent of the plan premium; and
60	60	(2) deductibles, coinsurance, or other cost-sharing
61	61	payments as determined by the executive commissioner.
62	62	Sec. 65.005. BENEFITS COVERAGE REQUIRED. To the extent
63	63	possible, a health benefits plan offered under this chapter must
64	64	provide benefits similar to the benefits provided under the child
65	65	health plan program under Section 62.151.
66	66	Sec. 65.006. CROWD-OUT. To the extent allowed by federal
67	67	law, the demonstration project under this chapter must include
68	68	provisions designed to discourage:
69	69	(1) employers and other persons from electing to
70	70	discontinue offering health benefits plan coverage for individuals
71	71	under employee or other group health benefit plans; and
72	72	(2) individuals with access to adequate health benefit
73	73	plan coverage, other than coverage under the health benefits plan
74	74	offered under this chapter, from electing to not obtain, or to
75	75	discontinue, that coverage.
76	76	Sec. 65.007. RULES. The executive commissioner shall adopt
77	77	rules as necessary to implement the demonstration project under
78	78	this chapter.
79	79	SECTION 3. Section 62.101(b), Health and Safety Code, as
80	80	amended by this Act, applies to a determination of eligibility of a
81	81	person for coverage under the child health plan under Chapter 62,
82	82	Health and Safety Code, made on or after the effective date of this
83	83	Act, regardless of the date the person applied for that coverage.
84	84	SECTION 4. As soon as practicable after the effective date
85	85	of this Act, the executive commissioner of the Health and Human
86	86	Services Commission shall apply for and actively pursue the waiver
87	87	from the federal Centers for Medicare and Medicaid Services or any
88	88	other federal agency required by Section 65.003, Health and Safety
89	89	Code, as added by this Act. The commission may delay implementing
90	90	Chapter 65, Health and Safety Code, as added by this Act, until the
91	91	waiver applied for under this section is granted.
92	92	SECTION 5. If before implementing any provision of this Act
93	93	a state agency determines that a waiver or authorization from a
94	94	federal agency, other than the waiver required by Section 65.003,
95	95	Health and Safety Code, as added by this Act, is necessary for
96	96	implementation of that provision, the agency affected by the
97	97	provision shall request the waiver or authorization and may delay
98	98	implementing that provision until the waiver or authorization is
99	99	granted.
100	100	SECTION 6. This Act takes effect September 1, 2009.