Texas 2009 - 81st Regular

Texas Senate Bill SR1091 Compare Versions

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1	1	By: Uresti S.R. No. 1091
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	Senate Bill No. 2080, relating to improving the welfare of
10	10	children in this state by developing strategies for reducing
11	11	child abuse and neglect and improving child welfare and health,
12	12	creating the Texas Medical Child Abuse Resources and Education
13	13	System grant program, and increasing access to the child health
14	14	insurance program, to consider and take action on the following
15	15	matter:
16	16	(1) Senate Rule 12.03(3) is suspended to permit the
17	17	committee, in Subsection (a), SECTION 3 of the bill, to add a new
18	18	Subdivision (4) and renumber the subsequent subdivisions as
19	19	appropriate to read as follows:
20	20	(4) study the effectiveness of the extension of the
21	21	eligibility for the children's health insurance program for
22	22	children whose net family income is at or below 300 percent of the
23	23	federal poverty level on detecting, reducing, and treating child
24	24	abuse;
25	25	Explanation: The change is necessary to add to the
26	26	subjects the task force is required to study.
27	27	(2) Senate Rule 12.03(1) is suspended to permit the
28	28	committee, in Subsection (b), SECTION 5 of the bill, to strike
29	29	"August 1, 2011" and substitute "October 1, 2010".
30	30	Explanation: The change is necessary to require the task
31	31	force to report its findings before the next legislative session.
32	32	(3) Senate Rule 12.03(2) is suspended to permit the
33	33	committee, in Subsection (c), SECTION 5 of the bill, to strike
34	34	"and this Act expires".
35	35	Explanation: The change is necessary to clarify that only
36	36	the task force is abolished.
37	37	(4) Senate Rule 12.03(4) is suspended to permit the
38	38	committee to add the following:
39	39	SECTION 7. (a) Subdivision (2), Section 62.002, Health
40	40	and Safety Code, is amended to read as follows:
41	41	(2) "Executive commissioner" or "commissioner
42	42	[Commissioner]" means the executive commissioner of the Health
43	43	[health] and Human Services Commission [human services].
44	44	(b) Subsection (b), Section 62.101, Health and Safety
45	45	Code, is amended to read as follows:
46	46	(b) The commission shall establish income eligibility
47	47	levels consistent with Title XXI, Social Security Act (42 U.S.C.
48	48	Section 1397aa et seq.), as amended, and any other applicable law
49	49	or regulations, and subject to the availability of appropriated
50	50	money, so that a child who is younger than 19 years of age and
51	51	whose net family income is at or below 300 [200] percent of the
52	52	federal poverty level is eligible for health benefits coverage
53	53	under the program. In addition, the commission may establish
54	54	eligibility standards regarding the amount and types of
55	55	allowable assets for a family whose net family income is above
56	56	250 [150] percent of the federal poverty level.
57	57	(c) Subsections (b) and (c), Section 62.102, Health and
58	58	Safety Code, are amended to read as follows:
59	59	(b) During the sixth month following the date of initial
60	60	enrollment or reenrollment of an individual whose net family
61	61	income exceeds 285 [185] percent of the federal poverty level,
62	62	the commission shall:
63	63	(1) review the individual's net family income and
64	64	may use electronic technology if available and appropriate; and
65	65	(2) continue to provide coverage if the individual's
66	66	net family income does not exceed the income eligibility limits
67	67	prescribed by Section 62.101 [this chapter].
68	68	(c) If, during the review required under Subsection (b),
69	69	the commission determines that the individual's net family
70	70	income exceeds the income eligibility limits prescribed by
71	71	Section 62.101 [this chapter], the commission may not disenroll
72	72	the individual until:
73	73	(1) the commission has provided the family an
74	74	opportunity to demonstrate that the family's net family income is
75	75	within the income eligibility limits prescribed by Section
76	76	62.101 [this chapter]; and
77	77	(2) the family fails to demonstrate such
78	78	eligibility.
79	79	(d) Section 62.151, Health and Safety Code, is amended by
80	80	adding Subsection (g) to read as follows:
81	81	(g) In developing the plan, the commission, subject to
82	82	federal requirements, may choose to provide dental benefits at
83	83	full cost to the enrollee as an available plan option for a child
84	84	whose net family income is greater than 200 percent but not
85	85	greater than 300 percent of the federal poverty level.
86	86	(e) Section 62.153, Health and Safety Code, is amended by
87	87	amending Subsections (a) and (c) and adding Subsections (a-1) and
88	88	(a-2) to read as follows:
89	89	(a) To the extent permitted under 42 U.S.C. Section
90	90	1397cc, as amended, and any other applicable law or regulations,
91	91	the commission shall require enrollees whose net family incomes
92	92	are at or below 200 percent of the federal poverty level to share
93	93	the cost of the child health plan, including provisions requiring
94	94	enrollees under the child health plan to pay:
95	95	(1) a copayment for services provided under the
96	96	plan;
97	97	(2) an enrollment fee; or
98	98	(3) a portion of the plan premium.
99	99	(a-1) The commission shall require enrollees whose net
100	100	family incomes are greater than 200 percent but not greater than
101	101	300 percent of the federal poverty level to pay a share of the
102	102	cost of the child health plan through copayments, fees, and a
103	103	portion of the plan premium. The total amount of the share
104	104	required to be paid must:
105	105	(1) include a portion of the plan premium set at an
106	106	amount determined by the commission that is not more than 2.5
107	107	percent of an enrollee's net family income;
108	108	(2) exceed the amount required to be paid by
109	109	enrollees described by Subsection (a), but the total amount
110	110	required to be paid may not exceed five percent of an enrollee's
111	111	net family income; and
112	112	(3) increase incrementally, as determined by the
113	113	commission, as an enrollee's net family income increases.
114	114	(a-2) In establishing the cost required to be paid by an
115	115	enrollee described by Subsection (a-1) as a portion of the plan
116	116	premium, the commission shall ensure that the cost progressively
117	117	increases as the number of children in the enrollee's family
118	118	provided coverage increases.
119	119	(c) The [If cost-sharing provisions imposed under
120	120	Subsection (a) include requirements that enrollees pay a portion
121	121	of the plan premium, the] commission shall specify the manner of
122	122	payment for any portion of the plan premium required to be paid by
123	123	an enrollee under this section [in which the premium is paid].
124	124	The commission may require that the premium be paid to the [Texas
125	125	Department of] Health and Human Services Commission, the [Texas]
126	126	Department of State Health [Human] Services, or the health plan
127	127	provider. The commission shall develop an option for an enrollee
128	128	to pay monthly premiums using direct debits to bank accounts or
129	129	credit cards.
130	130	(f) Section 62.154, Health and Safety Code, is amended by
131	131	amending Subsection (d) and adding Subsection (e) to read as
132	132	follows:
133	133	(d) The waiting period required by Subsection (a) for a
134	134	child whose net family income is at or below 200 percent of the
135	135	federal poverty level must:
136	136	(1) extend for a period of 90 days after the last
137	137	date on which the applicant was covered under a health benefits
138	138	plan; and
139	139	(2) apply to a child who was covered by a health
140	140	benefits plan at any time during the 90 days before the date of
141	141	application for coverage under the child health plan.
142	142	(e) The waiting period required by Subsection (a) for a
143	143	child whose net family income is greater than 200 percent but not
144	144	greater than 300 percent of the federal poverty level must:
145	145	(1) extend for a period of 180 days after the last
146	146	date on which the applicant was covered under a health benefits
147	147	plan; and
148	148	(2) apply to a child who was covered by a health
149	149	benefits plan at any time during the 180 days before the date of
150	150	application for coverage under the child health plan.
151	151	(g) Subchapter D, Chapter 62, Health and Safety Code, is
152	152	amended by adding Section 62.1551 to read as follows:
153	153	Sec. 62.1551. TERMINATION OF COVERAGE FOR NONPAYMENT OF
154	154	PREMIUMS. (a) In this section, "lock-out period" means a period
155	155	after coverage is terminated for nonpayment of premiums during
156	156	which a child may not be reenrolled in the child health plan
157	157	program.
158	158	(b) The executive commissioner by rule shall establish a
159	159	process that allows for the termination of coverage under the
160	160	child health plan of an enrollee whose net family income is
161	161	greater than 200 percent but not greater than 300 percent of the
162	162	federal poverty level if the enrollee does not pay the premiums
163	163	required under Section 62.153(a-1).
164	164	(c) The rules required by Subsection (b) must:
165	165	(1) address the number of payments that may be
166	166	missed before coverage terminates;
167	167	(2) address the process for notifying an enrollee of
168	168	pending coverage termination; and
169	169	(3) provide for an appropriate lock-out period
170	170	after termination for nonpayment.
171	171	(h) The purpose of this section is to promote child
172	172	welfare in this state by assisting certain families in this state
173	173	establish a health care strategy for their children, thereby
174	174	reducing child abuse and neglect and promoting child welfare.
175	175	(i) If before implementing any provision of this section
176	176	a state agency determines that a waiver or authorization from a
177	177	federal agency is necessary for implementation of that
178	178	provision, the agency affected by the provision shall request the
179	179	waiver or authorization and may delay implementing that
180	180	provision until the waiver or authorization is granted.
181	181	(j) This section does not make an appropriation. This
182	182	section takes effect only if a specific appropriation for the
183	183	implementation of the section is provided in a general
184	184	appropriations act of the 81st Legislature.
185	185	Explanation: The change is necessary to expand the
186	186	qualifications for the children's health insurance program.
187	187	________________________________
188	188	President of the Senate
189	189	I hereby certify that the
190	190	above Resolution was adopted by
191	191	the Senate on May 31, 2009.
192	192	________________________________
193	193	Secretary of the Senate