By: Nelson S.B. No. 78
(In the Senate - Filed November 10, 2008; February 10, 2009,
read first time and referred to Committee on State Affairs;
March 26, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; March 26, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 78 By: Van de Putte
A BILL TO BE ENTITLED
AN ACT
relating to promoting awareness and education about the purchase
and availability of health coverage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 524, Insurance Code, is amended to read
as follows:
CHAPTER 524. TEXLINK TO HEALTH COVERAGE [AWARENESS AND
EDUCATION] PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 524.001. DEFINITIONS. In this chapter:
(1) "Division" means the division of the department
that administers the TexLink to Health Coverage Program.
(2) "Program" means the TexLink to Health Coverage
Program established in accordance with this chapter.
Sec. 524.002. DIVISION RESPONSIBILITIES. Under the
direction of the commissioner, the division implements this
chapter.
Sec. 524.003. TEXLINK TO HEALTH COVERAGE PROGRAM
ESTABLISHED. (a) The department shall develop and implement a
health coverage [public awareness and education] program that
complies with this chapter. The program must:
(1) educate the public about the importance and value
of health coverage;
(2) promote personal responsibility for health care
through the purchase of health coverage;
(3) assist small employers, individuals, and others
seeking to purchase health coverage with technical information
necessary to understand available health coverage products;
(4) promote and facilitate the development and
availability of new health coverage options;
(5) increase public awareness of health coverage
options available in this state; and
(6) [(2) educate the public on the value of health
coverage; and
[(3)] provide information on health coverage options,
including health savings accounts and compatible high deductible
health benefit plans.
(b) The program must include a public awareness and
education component.
SUBCHAPTER B. PUBLIC AWARENESS AND EDUCATION
Sec. 524.051. INFORMATION ABOUT SPECIFIC HEALTH BENEFIT
PLAN ISSUERS. In materials produced for the program, the division
[department] may include information about specific health benefit
plan [coverage] issuers but may not favor or endorse one particular
issuer over another.
Sec. 524.052 [524.002]. PUBLIC SERVICE ANNOUNCEMENTS. The
division [department] shall develop and make public service
announcements to educate consumers and employers about the
availability of health coverage in this state.
Sec. 524.053 [524.003]. INTERNET WEBSITE; PRINTED
MATERIALS; NEWSLETTER [PUBLIC EDUCATION]. (a) The division
[department] shall develop an Internet website and printed
materials designed to educate small employers, individuals, and
others seeking to purchase health coverage [the public] about [the
availability of] health coverage in accordance with Section
524.003(a) [this state, including information about health savings
accounts and compatible high deductible health benefit plans].
(b) The division shall make the printed materials produced
under the program available to small employers, individuals, and
others seeking to purchase health coverage. The division may:
(1) distribute the printed materials through
facilities such as libraries, health care facilities, and schools
as well as other venues the division selects; and
(2) use other distribution methods the division
selects.
(c) The division may produce a newsletter to provide updated
information about health coverage to subscribers who elect to
receive the newsletter. The division may:
(1) produce a newsletter under this subsection for
small employers, for individuals, or for other purchasers of health
coverage;
(2) distribute the newsletter on a monthly, quarterly,
or other basis; and
(3) distribute the newsletter as a printed document or
electronically.
Sec. 524.054. TOLL-FREE TELEPHONE HOTLINE; ACCESS TO
INFORMATION. (a) The division may operate a toll-free telephone
hotline to respond to inquiries and provide information and
technical assistance concerning health coverage products.
(b) The Health and Human Services Commission, through its
2-1-1 telephone number for access to human services, may
disseminate information regarding health coverage products
provided to the commission by the department and may refer
inquiries regarding health coverage products to the toll-free
telephone hotline. The department may provide information to the
Health and Human Services Commission as necessary to implement this
subsection.
Sec. 524.055. EDUCATION FOR HIGH SCHOOL STUDENTS. (a) The
division may develop educational materials and a curriculum to be
used in high school classes that educate students about:
(1) the importance and value of health coverage;
(2) comparing health benefit plans; and
(3) understanding basic provisions contained in
health benefit plans.
(b) The division may consult with the Texas Education Agency
in developing educational materials and a curriculum under this
section.
Sec. 524.056. HEALTH COVERAGE FAIRS. (a) The division may
conduct health coverage fairs to provide small employers,
individuals, and others seeking to purchase health coverage the
opportunity to obtain information about health coverage from
division employees and from health benefit plan issuers and agents
that elect to participate.
(b) The division shall seek to obtain funding for health
coverage fairs conducted under this section through gifts and
grants obtained in accordance with Subchapter C.
Sec. 524.057. COMMUNITY EVENTS. The division may
participate in events held in this state to promote awareness of the
importance and value of health coverage and to educate small
employers, individuals, and others seeking to purchase health
coverage about health coverage in accordance with Section
524.003(a).
Sec. 524.058. HEALTH COVERAGE PROVIDED THROUGH COLLEGES AND
UNIVERSITIES. The division may cooperate with a public or private
college or university to promote enrollment in health coverage
programs sponsored by or through the college or university.
Sec. 524.059. SUPPORT FOR COMMUNITY-BASED PROJECTS. The
division may provide support and assistance to individuals and
organizations seeking to develop community-based health coverage
plans for uninsured individuals.
Sec. 524.060. OTHER EDUCATION. The division may [department
shall] provide other appropriate education to the public regarding
health coverage and the importance and value of health coverage in
accordance with Section 524.003(a).
Sec. 524.061 [524.004]. TASK FORCE. (a) The commissioner
may [shall] appoint a task force to make recommendations regarding
the division's duties under this subchapter [health coverage public
awareness and education program]. If appointed, the [The] task
force must be [is] composed of:
(1) one representative from each of the following
groups or entities:
(A) health [benefit] coverage consumers;
(B) small employers;
(C) employers generally;
(D) insurance agents;
(E) the office of public insurance counsel;
(F) the Texas Health Insurance Risk Pool;
(G) physicians;
(H) advanced practice nurses;
(I) hospital trade associations; and
(J) medical units of institutions of higher
education;
(2) a representative of the Health and Human Services
Commission responsible for programs under Medicaid and the
children's health insurance program; [and]
(3) one or more representatives of health benefit plan
issuers; and
(4) one or more representatives of a regional or local
health care program for employees of small employers under Chapter
75, Health and Safety Code.
(b) In addition to the individuals listed in Subsection (a),
the commissioner may select to serve on any task force one or more
individuals with experience in public relations, marketing, or
another related field of professional services.
(c) The division may [department shall] consult the task
force regarding the content for the public service announcements,
Internet website, printed materials, and other educational
materials required or authorized by this subchapter [chapter]. The
commissioner has authority to make final decisions as to what the
program's materials will contain.
Sec. 524.062. FEDERAL TAX "TOOL KIT" FOR CERTAIN
BUSINESSES. The department may:
(1) produce materials that:
(A) provide step-by-step instructions for a
small employer or single-employee business that is obtaining health
coverage for the benefit of the employer or business and the
employees of the business; and
(B) are designed to allow the employer or
business to obtain the coverage in a manner that qualifies for
favorable treatment under federal tax laws; and
(2) make department staff available to assist small
employers and single-employee businesses that are obtaining health
coverage as described by Subdivision (1).
Sec. 524.063. ASSISTANCE FOR SMALL EMPLOYERS AND
SINGLE-EMPLOYEE BUSINESSES. The department may train staff
concerning available health coverage options for small employers
and single-employee businesses to:
(1) respond to telephone inquiries from small
employers and single-employee businesses; and
(2) speak at events to provide information about
health coverage options for small employers and single-employee
businesses and about the importance and value of health coverage.
Sec. 524.064. ACCOUNTANT. The department may employ an
accountant with experience in federal tax law and the purchase of
group health coverage as necessary to implement this chapter.
SUBCHAPTER C. FUNDING
Sec. 524.101 [524.005]. FUNDING. The department may accept
gifts and grants from any party, including a health benefit plan
issuer or a foundation associated with a health benefit plan
issuer, to assist with funding the program. The department shall
adopt rules governing acceptance of donations that are consistent
with Chapter 575, Government Code. Before adopting rules under
this section [subsection], the department shall:
(1) submit the proposed rules to the Texas Ethics
Commission for review; and
(2) consider the commission's recommendations
regarding the regulations.
SECTION 2. This Act takes effect September 1, 2009.
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