By: Shelton, et al. (Senate Sponsor - Birdwell) H.B. No. 335
(In the Senate - Received from the House May 13, 2011;
May 16, 2011, read first time and referred to Committee on Health
and Human Services; May 20, 2011, reported favorably by the
following vote: Yeas 5, Nays 4; May 20, 2011, sent to printer.)
A BILL TO BE ENTITLED
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 may not implement a provision of a
federal health care reform law described by Subsection (c) unless
the state agency submits 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. This Act takes effect September 1, 2011.
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