Texas 2009 - 81st Regular

Texas Senate Bill SB1434 Compare Versions

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

Old	New	Differences
1	1	81R6755 KLA-D
2	2	By: Watson S.B. No. 1434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration of and eligibility for the child
8	8	health plan program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 62, Health and Safety
11	11	Code, is amended by adding Section 62.0511 to read as follows:
12	12	Sec. 62.0511. ADDITIONAL DUTIES RELATING TO
13	13	APPROPRIATIONS. (a) Not later than September 1 of each
14	14	even-numbered year, the commission and the Legislative Budget Board
15	15	shall jointly determine and submit to the comptroller:
16	16	(1) the anticipated average number of enrollees in the
17	17	child health plan program for the state fiscal biennium beginning
18	18	September 1 of the following year; and
19	19	(2) the estimated state cost per enrollee for coverage
20	20	under the program during that biennium.
21	21	(b) The anticipated average number of enrollees reported as
22	22	required by Subsection (a)(1) must be based on:
23	23	(1) the income eligibility level that will be in
24	24	effect under Section 62.101(b) during that state fiscal biennium;
25	25	(2) the number of enrollees in the child health plan
26	26	program for the current state fiscal biennium;
27	27	(3) historical data relating to the number of new
28	28	enrollees covered under the program each state fiscal biennium and
29	29	the number of enrollees who are disenrolled during each biennium;
30	30	(4) state demographic data; and
31	31	(5) any other relevant factors.
32	32	(c) The estimated state cost per enrollee reported as
33	33	required by Subsection (a)(2) must be based on:
34	34	(1) statewide cost trends in health benefits coverage,
35	35	including cost trends relating to prescription drug benefits;
36	36	(2) historical data relating to the maximum federal
37	37	allotment for the program;
38	38	(3) the estimated anticipated maximum federal
39	39	allotment for the program for that state fiscal biennium; and
40	40	(4) any other relevant factors.
41	41	(d) The comptroller shall determine, based on the
42	42	information submitted by the commission and the Legislative Budget
43	43	Board as required by Subsection (a) and other appropriate fiscal
44	44	estimates, an estimate of the amount of state money that will be
45	45	appropriated under Section 51-a, Article III, Texas Constitution,
46	46	for the child health plan program. Not later than December 1 of
47	47	each even-numbered year, the comptroller shall certify that amount
48	48	to the Senate Finance Committee, or its successor, the House
49	49	Appropriations Committee, or its successor, and the Legislative
50	50	Budget Board.
51	51	SECTION 2. Effective September 1, 2010, Section 62.101(b),
52	52	Health and Safety Code, is amended to read as follows:
53	53	(b) The commission shall establish income eligibility
54	54	levels consistent with Title XXI, Social Security Act (42 U.S.C.
55	55	Section 1397aa et seq.), as amended, and any other applicable law or
56	56	regulations, [and subject to the availability of appropriated
57	57	money,] so that a child who is younger than 19 years of age and whose
58	58	net family income is at or below 200 percent of the federal poverty
59	59	level is eligible for health benefits coverage under the
60	60	program. [In addition, the commission may establish eligibility
61	61	standards regarding the amount and types of allowable assets for a
62	62	family whose net family income is above 150 percent of the federal
63	63	poverty level.]
64	64	SECTION 3. Effective September 1, 2011, Section 62.101(b),
65	65	Health and Safety Code, is amended to read as follows:
66	66	(b) The commission shall establish income eligibility
67	67	levels consistent with Title XXI, Social Security Act (42 U.S.C.
68	68	Section 1397aa et seq.), as amended, and any other applicable law or
69	69	regulations, [and subject to the availability of appropriated
70	70	money,] so that a child who is younger than 19 years of age and whose
71	71	net family income is at or below the lesser of 250 [200] percent of
72	72	the federal poverty level, or the maximum net family income
73	73	eligibility level for which money is appropriated under Section
74	74	51-a, Article III, Texas Constitution, or other law, is eligible
75	75	for health benefits coverage under the program. [In addition, the
76	76	commission may establish eligibility standards regarding the
77	77	amount and types of allowable assets for a family whose net family
78	78	income is above 150 percent of the federal poverty level].
79	79	SECTION 4. Effective September 1, 2013, Section 62.101(b),
80	80	Health and Safety Code, is amended to read as follows:
81	81	(b) The commission shall establish income eligibility
82	82	levels consistent with Title XXI, Social Security Act (42 U.S.C.
83	83	Section 1397aa et seq.), as amended, and any other applicable law or
84	84	regulations, [and subject to the availability of appropriated
85	85	money,] so that a child who is younger than 19 years of age and whose
86	86	net family income is at or below the lesser of 300 [200] percent of
87	87	the federal poverty level, or the maximum net family income
88	88	eligibility level for which money is appropriated under Section
89	89	51-a, Article III, Texas Constitution, or other law, is eligible
90	90	for health benefits coverage under the program. [In addition, the
91	91	commission may establish eligibility standards regarding the
92	92	amount and types of allowable assets for a family whose net family
93	93	income is above 150 percent of the federal poverty level.]
94	94	SECTION 5. Section 62.102(a), Health and Safety Code, is
95	95	amended to read as follows:
96	96	(a) The [Subject to a review under Subsection (b), the]
97	97	commission shall provide that an individual who is determined to be
98	98	eligible for coverage under the child health plan remains eligible
99	99	for those benefits until the earlier of:
100	100	(1) the end of a period not to exceed 12 months,
101	101	beginning the first day of the month following the date of the
102	102	eligibility determination; or
103	103	(2) the individual's 19th birthday.
104	104	SECTION 6. Sections 62.101(b-1) and 62.102(b) and (c),
105	105	Health and Safety Code, are repealed.
106	106	SECTION 7. Notwithstanding Section 62.0511, Health and
107	107	Safety Code, as added by this Act:
108	108	(1) the Health and Human Services Commission and the
109	109	Legislative Budget Board shall submit the information described by
110	110	Section 62.0511(a), Health and Safety Code, as added by this Act,
111	111	regarding the state fiscal year beginning September 1, 2010, to the
112	112	comptroller of public accounts not later than February 1, 2010; and
113	113	(2) the comptroller of public accounts shall make the
114	114	determination and certify the amount described by Section
115	115	62.0511(d), Health and Safety Code, as added by this Act, regarding
116	116	the state fiscal year beginning September 1, 2010, not later than
117	117	March 1, 2010.
118	118	SECTION 8. If before implementing any provision of this Act
119	119	a state agency determines that a waiver or authorization from a
120	120	federal agency is necessary for implementation of that provision,
121	121	the agency affected by the provision shall request the waiver or
122	122	authorization and may delay implementing that provision until the
123	123	waiver or authorization is granted.
124	124	SECTION 9. (a) Except as provided by Subsection (b) of this
125	125	section, this Act takes effect January 1, 2010.
126	126	(b) This Act takes effect only if the constitutional
127	127	amendment proposed by the 81st Legislature, Regular Session, 2009,
128	128	to ensure that this state receives the maximum federal funding
129	129	available under the child health plan program is approved by the
130	130	voters. If that amendment is not approved by the voters, this Act
131	131	has no effect.