H.B. No. 335
AN ACT
relating to implementation and requirements of certain health care
reform laws.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 322, Government Code, is amended by
adding Section 322.021 to read as follows:
Sec. 322.021. MANDATORY HEALTH CARE REFORM REPORTS FROM
STATE AGENCIES. (a) In this section, "state agency" has the
meaning assigned by Section 2056.001.
(b) A state agency shall submit a report described by
Subsection (d) to:
(1) the board;
(2) the governor;
(3) the lieutenant governor;
(4) the speaker of the house of representatives; and
(5) the appropriate standing legislative committees
having jurisdiction over issues relating to health care reform.
(c) A state agency must submit a report described by
Subsection (d) of an expenditure incurred in implementing a
provision of a federal health care reform law if:
(1) the provision:
(A) requires a person to purchase health
insurance or similar health coverage;
(B) requires an employer to provide health
insurance or similar health coverage to or for employees;
(C) imposes a penalty on an employer who does not
provide health insurance or similar health coverage to or for
employees;
(D) expands eligibility for the state Medicaid
program or state child health plan program;
(E) creates a health insurance coverage mandate
affecting a person; or
(F) creates a new health insurance or similar
health coverage program that is administered by this state or a
political subdivision of this state; or
(2) the board, in the exercise of the board's duties
under this chapter, determines that a report about the expenditure
is necessary to a comprehensive and continuing review of a program
or operation of a state agency.
(d) A report required under Subsection (b) must:
(1) cite the specific federal statute or regulation
that requires the state to implement the provision;
(2) state whether the provision requires or allows a
state waiver or option;
(3) describe the state action required to implement
the provision;
(4) identify the individuals, legal entities, and
state agencies that may be impacted by the implementation of or
refusal to implement the provision; and
(5) estimate the cost to be incurred by the state to
implement the provision.
SECTION 2. The changes in law made by Section 322.021,
Government Code, as added by this Act, apply only to a provision of
federal health care reform law implemented by a state agency on or
after the effective date of this Act. A provision of federal health
care reform law implemented by a state agency before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 335 was passed by the House on May 12,
2011, by the following vote: Yeas 129, Nays 11, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 335 on May 27, 2011, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 335 on May 29, 2011, by the following vote: Yeas 139,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 335 was passed by the Senate, with
amendments, on May 25, 2011, by the following vote: Yeas 24, Nays
7; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
335 on May 29, 2011, by the following vote: Yeas 27, Nays 4
.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor