By: Uresti S.R. No. 1091
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill No. 2080, relating to improving the welfare of
children in this state by developing strategies for reducing
child abuse and neglect and improving child welfare and health,
creating the Texas Medical Child Abuse Resources and Education
System grant program, and increasing access to the child health
insurance program, to consider and take action on the following
matter:
(1) Senate Rule 12.03(3) is suspended to permit the
committee, in Subsection (a), SECTION 3 of the bill, to add a new
Subdivision (4) and renumber the subsequent subdivisions as
appropriate to read as follows:
(4) study the effectiveness of the extension of the
eligibility for the children's health insurance program for
children whose net family income is at or below 300 percent of the
federal poverty level on detecting, reducing, and treating child
abuse;
Explanation: The change is necessary to add to the
subjects the task force is required to study.
(2) Senate Rule 12.03(1) is suspended to permit the
committee, in Subsection (b), SECTION 5 of the bill, to strike
"August 1, 2011" and substitute "October 1, 2010".
Explanation: The change is necessary to require the task
force to report its findings before the next legislative session.
(3) Senate Rule 12.03(2) is suspended to permit the
committee, in Subsection (c), SECTION 5 of the bill, to strike
"and this Act expires".
Explanation: The change is necessary to clarify that only
the task force is abolished.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add the following:
SECTION 7. (a) Subdivision (2), Section 62.002, Health
and Safety Code, is amended to read as follows:
(2) "Executive commissioner" or "commissioner
[Commissioner]" means the executive commissioner of the Health
[health] and Human Services Commission [human services].
(b) Subsection (b), Section 62.101, Health and Safety
Code, is 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.
(c) Subsections (b) and (c), Section 62.102, Health and
Safety Code, are 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 Section 62.101 [this chapter].
(c) If, during the review required under Subsection (b),
the commission determines that the individual's net family
income exceeds the income eligibility limits prescribed by
Section 62.101 [this chapter], the commission may not disenroll
the individual until:
(1) the commission has provided the family an
opportunity to demonstrate that the family's net family income is
within the income eligibility limits prescribed by Section
62.101 [this chapter]; and
(2) the family fails to demonstrate such
eligibility.
(d) Section 62.151, Health and Safety Code, is amended by
adding Subsection (g) to read as follows:
(g) In developing the plan, the commission, subject to
federal requirements, may choose to provide dental benefits at
full cost to the enrollee as an available plan option for a child
whose net family income is greater than 200 percent but not
greater than 300 percent of the federal poverty level.
(e) Section 62.153, Health and Safety Code, is amended by
amending Subsections (a) and (c) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) To the extent permitted under 42 U.S.C. Section
1397cc, as amended, and any other applicable law or regulations,
the commission shall require enrollees whose net family incomes
are at or below 200 percent of the federal poverty level to share
the cost of the child health plan, including provisions requiring
enrollees under the child health plan to pay:
(1) a copayment for services provided under the
plan;
(2) an enrollment fee; or
(3) a portion of the plan premium.
(a-1) The commission shall require enrollees whose net
family incomes are greater than 200 percent but not greater than
300 percent of the federal poverty level to pay a share of the
cost of the child health plan through copayments, fees, and a
portion of the plan premium. The total amount of the share
required to be paid must:
(1) include a portion of the plan premium set at an
amount determined by the commission that is not more than 2.5
percent of an enrollee's net family income;
(2) exceed the amount required to be paid by
enrollees described by Subsection (a), but the total amount
required to be paid may not exceed five percent of an enrollee's
net family income; and
(3) increase incrementally, as determined by the
commission, as an enrollee's net family income increases.
(a-2) In establishing the cost required to be paid by an
enrollee described by Subsection (a-1) as a portion of the plan
premium, the commission shall ensure that the cost progressively
increases as the number of children in the enrollee's family
provided coverage increases.
(c) The [If cost-sharing provisions imposed under
Subsection (a) include requirements that enrollees pay a portion
of the plan premium, the] commission shall specify the manner of
payment for any portion of the plan premium required to be paid by
an enrollee under this section [in which the premium is paid].
The commission may require that the premium be paid to the [Texas
Department of] Health and Human Services Commission, the [Texas]
Department of State Health [Human] Services, or the health plan
provider. The commission shall develop an option for an enrollee
to pay monthly premiums using direct debits to bank accounts or
credit cards.
(f) Section 62.154, Health and Safety Code, is amended by
amending Subsection (d) and adding Subsection (e) to read as
follows:
(d) The waiting period required by Subsection (a) for a
child whose net family income is at or below 200 percent of the
federal poverty level must:
(1) extend for a period of 90 days after the last
date on which the applicant was covered under a health benefits
plan; and
(2) apply to a child who was covered by a health
benefits plan at any time during the 90 days before the date of
application for coverage under the child health plan.
(e) The waiting period required by Subsection (a) for a
child whose net family income is greater than 200 percent but not
greater than 300 percent of the federal poverty level must:
(1) extend for a period of 180 days after the last
date on which the applicant was covered under a health benefits
plan; and
(2) apply to a child who was covered by a health
benefits plan at any time during the 180 days before the date of
application for coverage under the child health plan.
(g) Subchapter D, Chapter 62, Health and Safety Code, is
amended by adding Section 62.1551 to read as follows:
Sec. 62.1551. TERMINATION OF COVERAGE FOR NONPAYMENT OF
PREMIUMS. (a) In this section, "lock-out period" means a period
after coverage is terminated for nonpayment of premiums during
which a child may not be reenrolled in the child health plan
program.
(b) The executive commissioner by rule shall establish a
process that allows for the termination of coverage under the
child health plan of an enrollee whose net family income is
greater than 200 percent but not greater than 300 percent of the
federal poverty level if the enrollee does not pay the premiums
required under Section 62.153(a-1).
(c) The rules required by Subsection (b) must:
(1) address the number of payments that may be
missed before coverage terminates;
(2) address the process for notifying an enrollee of
pending coverage termination; and
(3) provide for an appropriate lock-out period
after termination for nonpayment.
(h) The purpose of this section is to promote child
welfare in this state by assisting certain families in this state
establish a health care strategy for their children, thereby
reducing child abuse and neglect and promoting child welfare.
(i) If before implementing any provision of this section
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 waiver or authorization is granted.
(j) This section does not make an appropriation. This
section takes effect only if a specific appropriation for the
implementation of the section is provided in a general
appropriations act of the 81st Legislature.
Explanation: The change is necessary to expand the
qualifications for the children's health insurance program.
________________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
________________________________
Secretary of the Senate