Texas 2011 - 82nd Regular

Texas House Bill HB983 Compare Versions

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1	1	82R3809 TJS-F
2	2	By: Menendez, Bonnen H.B. No. 983
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health insurance coverage for eligible survivors of
8	8	certain public servants killed in the line of duty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 615.071, Government Code, is amended to
11	11	read as follows:
12	12	Sec. 615.071. APPLICABILITY. This subchapter applies only
13	13	to eligible survivors of:
14	14	(1) an individual listed in Section 615.003(1), (6),
15	15	or (7); [or]
16	16	(2) an individual listed in Section 615.003(10) or
17	17	(11) who is employed by a political subdivision of the state; or
18	18	(3) an individual who is:
19	19	(A) described by Section 615.003(15); and
20	20	(B) employed as a trainee for a position
21	21	otherwise described by this section.
22	22	SECTION 2. Section 615.072, Government Code, is amended by
23	23	adding Subsection (b-1) to read as follows:
24	24	(b-1) A survivor of an individual listed under Section
25	25	615.071 who would have been eligible for health insurance benefits
26	26	during the life of the individual may not be denied health insurance
27	27	benefits on the ground that the survivor was enrolled in group
28	28	health insurance with another employer as of the date of the
29	29	individual's death.
30	30	SECTION 3. Section 615.073, Government Code, is amended to
31	31	read as follows:
32	32	Sec. 615.073. BENEFIT TO SURVIVING SPOUSE. (a) An
33	33	eligible surviving spouse of a deceased individual listed in
34	34	Section 615.071 who was employed by the state is entitled to
35	35	purchase or continue to purchase [continued] health insurance
36	36	benefits under Chapter 1551, Insurance Code, as provided by this
37	37	subchapter.
38	38	(b) An eligible surviving spouse of a deceased individual
39	39	listed in Section 615.071 who was employed by a political
40	40	subdivision of the state is entitled to purchase or continue to
41	41	purchase [continued] health insurance benefits from the political
42	42	subdivision that employed the deceased individual, including
43	43	health coverage:
44	44	(1) provided by or through a political subdivision
45	45	under:
46	46	(A) a health insurance policy or health benefit
47	47	plan written by a health insurer; or
48	48	(B) a self-insured health benefits plan; or
49	49	(2) under Chapter 172, Local Government Code.
50	50	(c) The surviving spouse is entitled to [continue to]
51	51	purchase or continue to purchase health insurance coverage
52	52	until the date the surviving spouse becomes eligible for federal
53	53	Medicare benefits.
54	54	SECTION 4. Section 615.074, Government Code, is amended to
55	55	read as follows:
56	56	Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible
57	57	surviving dependent who is a minor child is entitled to purchase or
58	58	continue to purchase health insurance coverage until the date the
59	59	dependent reaches the age of 18 or a later date to the extent
60	60	required by state or federal law.
61	61	(b) An eligible surviving dependent who is not a minor child
62	62	is entitled to purchase or continue to purchase health insurance
63	63	coverage until the earlier of:
64	64	(1) the date the dependent becomes eligible for group
65	65	health insurance through another employer; or
66	66	(2) the date the dependent becomes eligible for
67	67	federal Medicare benefits.
68	68	SECTION 5. Sections 615.075(a) and (c), Government Code,
69	69	are amended to read as follows:
70	70	(a) An employing entity shall provide written notice to an
71	71	eligible survivor to whom this subchapter may apply of the
72	72	survivor's rights under this subchapter not later than the 10th day
73	73	after the date of the decedent's death. Not later than the 150th
74	74	day after the date of the decedent's death, the employing entity
75	75	shall send a subsequent written notice under this subsection by
76	76	certified mail to any eligible survivor who has not already elected
77	77	to purchase or continue to purchase coverage on or before that date.
78	78	(c) To receive [continued] coverage under this subchapter,
79	79	the employing entity must be informed not later than the 180th day
80	80	after the date the decedent died that the eligible survivor elects
81	81	to purchase or continue to purchase coverage.
82	82	SECTION 6. Section 615.076, Government Code, is amended to
83	83	read as follows:
84	84	Sec. 615.076. LEVEL OF COVERAGE. (a) An eligible survivor
85	85	may elect to purchase or continue to purchase coverage at any level
86	86	of benefits currently offered by the employing entity to dependents
87	87	of an active employee.
88	88	(b) An eligible survivor may elect to purchase or continue
89	89	to purchase coverage at a reduced level of benefits if the employing
90	90	entity offers that option.
91	91	SECTION 7. Section 615.077, Government Code, is amended to
92	92	read as follows:
93	93	Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is
94	94	entitled to [continued] coverage under this subchapter:
95	95	(1) is entitled to:
96	96	(A) make payments for the coverage or have
97	97	payments made on the survivor's behalf at the same time and to the
98	98	same entity that payments for coverage are made by current
99	99	employees of the employing entity; and
100	100	(B) obtain the coverage at the rate paid by
101	101	current employees of the employing entity for that coverage; and
102	102	(2) may not be required to pay a premium amount for the
103	103	coverage that is greater than the premium amount that a current
104	104	employee of the employing entity without a spouse is required to pay
105	105	to cover the employee alone or to cover the employee and the
106	106	employee's dependent children, as applicable to the eligible
107	107	survivor.
108	108	SECTION 8. Subchapter D, Chapter 615, Government Code, is
109	109	amended by adding Section 615.082 to read as follows:
110	110	Sec. 615.082. LIMITED ELIGIBILITY OF CERTAIN SURVIVORS TO
111	111	REAPPLY FOR COVERAGE. (a) This section applies only to the eligible
112	112	survivor of an individual described by Section 615.071 who died on
113	113	or after September 1, 1993.
114	114	(b) Notwithstanding any other law, an eligible survivor to
115	115	whom this section applies who did not purchase or receive health
116	116	insurance coverage or benefits under this chapter on or before the
117	117	date of the individual's death, or who did not notify the
118	118	individual's employing entity of the survivor's election to
119	119	purchase or continue to purchase coverage within the time allowed
120	120	by law after the individual's death, may apply for health insurance
121	121	benefits or coverage not later than September 1, 2012. An eligible
122	122	survivor who applies for coverage under this section may purchase
123	123	coverage according to the same rate schedule and coverage options
124	124	that would apply if the eligible survivor had continued to purchase
125	125	coverage after the individual's death.
126	126	(c) This section expires September 2, 2012.
127	127	SECTION 9. This Act takes effect immediately if it receives
128	128	a vote of two-thirds of all the members elected to each house, as
129	129	provided by Section 39, Article III, Texas Constitution. If this
130	130	Act does not receive the vote necessary for immediate effect, this
131	131	Act takes effect September 1, 2011.