| 1 | 1 | | 82R6378 PMO-F |
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| 2 | 2 | | By: Creighton, Zerwas, Schwertner, Hancock, H.B. No. 32 |
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| 3 | 3 | | Shelton, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 32: |
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| 5 | 5 | | By: Miller of Erath C.S.H.B. No. 32 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to required individual health insurance coverage. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 8, Insurance Code, is amended |
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| 13 | 13 | | by adding Chapter 1220 to read as follows: |
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| 14 | 14 | | CHAPTER 1220. INDIVIDUAL HEALTH INSURANCE COVERAGE NOT REQUIRED |
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| 15 | 15 | | Sec. 1220.001. COVERAGE MANDATE PROHIBITED; EXCEPTIONS. |
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| 16 | 16 | | (a) Except as provided by Subsections (b) and (c), an individual |
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| 17 | 17 | | may not be required to obtain or maintain coverage under an |
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| 18 | 18 | | individual health insurance policy. |
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| 19 | 19 | | (b) Subsection (a) does not apply to an individual who is |
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| 20 | 20 | | required to obtain or maintain health benefit plan coverage: |
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| 21 | 21 | | (1) by an institution of higher education at which the |
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| 22 | 22 | | individual is or will be enrolled as a student; or |
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| 23 | 23 | | (2) under an order requiring medical support for a |
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| 24 | 24 | | child. |
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| 25 | 25 | | (c) Subsection (a) does not apply to an individual |
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| 26 | 26 | | voluntarily applying for benefits under a state-administered |
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| 27 | 27 | | program under Title XIX, Social Security Act (42 U.S.C. Section |
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| 28 | 28 | | 1396 et seq.), or Title XXI, Social Security Act (42 U.S.C. Section |
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| 29 | 29 | | 1397aa et seq.). |
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| 30 | 30 | | Sec. 1220.002. PENALTY PROHIBITED. (a) Except as provided |
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| 31 | 31 | | by Subsection (b), a fine or penalty may not be imposed on an |
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| 32 | 32 | | individual if the individual chooses not to obtain or maintain |
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| 33 | 33 | | coverage under an individual health insurance policy. |
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| 34 | 34 | | (b) Subsection (a) does not apply to a fine or penalty |
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| 35 | 35 | | imposed on an individual described in Section 1220.001(b) for the |
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| 36 | 36 | | individual's failure to obtain or maintain health benefit plan |
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| 37 | 37 | | coverage. |
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| 38 | 38 | | SECTION 2. This Act takes effect immediately if it receives |
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| 39 | 39 | | a vote of two-thirds of all the members elected to each house, as |
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| 40 | 40 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 41 | 41 | | Act does not receive the vote necessary for immediate effect, this |
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| 42 | 42 | | Act takes effect September 1, 2011. |
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