Texas 2013 - 83rd Regular

Texas Senate Bill SB1057 Compare Versions

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1	1	By: Nelson S.B. No. 1057
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to information about private health care insurance
8	8	coverage and the health insurance exchange for individuals applying
9	9	for certain Department of State Health Services health or mental
10	10	health benefits, services, and assistance.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter D, Chapter 1001, Health and Safety
13	13	Code, is amended by adding Sections 1001.080 and 1001.081 to read as
14	14	follows:
15	15	Sec. 1001.080. HEALTH INSURANCE COVERAGE INFORMATION.
16	16	(a) In this section, "individual's legally authorized
17	17	representative" means:
18	18	(1) a parent, managing conservator, or guardian of an
19	19	individual, if the individual is a minor;
20	20	(2) a guardian of an individual, if the individual has
21	21	been adjudicated incompetent to manage the individual's personal
22	22	affairs; or
23	23	(3) an agent of the individual authorized under a
24	24	durable power of attorney for health care.
25	25	(b) This section applies to health or mental health
26	26	benefits, services, or assistance provided by the department that
27	27	the department anticipates will be impacted by a health insurance
28	28	exchange as defined by Section 1001.081(a), including:
29	29	(1) community primary health care services provided
30	30	under Chapter 31;
31	31	(2) women's and children's health services provided
32	32	under Chapter 32;
33	33	(3) services for children with special health care
34	34	needs provided under Chapter 35;
35	35	(4) epilepsy program assistance provided under
36	36	Chapter 40;
37	37	(5) hemophilia program assistance provided under
38	38	Chapter 41;
39	39	(6) kidney health care services provided under Chapter
40	40	42;
41	41	(7) human immunodeficiency virus infection and
42	42	sexually transmitted disease prevention programs and services
43	43	provided under Chapter 85;
44	44	(8) immunization programs provided under Chapter 161;
45	45	(9) programs and services provided by the Rio Grande
46	46	State Center under Chapter 252;
47	47	(10) mental health services for adults provided under
48	48	Chapter 534;
49	49	(11) mental health services for children provided
50	50	under Chapter 534;
51	51	(12) the NorthSTAR Behavioral Health Program provided
52	52	under Chapter 534;
53	53	(13) programs and services provided by community
54	54	mental health hospitals under Chapter 552;
55	55	(14) programs and services provided by state mental
56	56	health hospitals under Chapter 552; and
57	57	(15) any other health or mental health program or
58	58	service designated by the department.
59	59	(c) Subject to Subsection (d), the department may not
60	60	provide health or mental health benefits, services, or assistance
61	61	described in Subsection (b) unless the individual applying to
62	62	receive the benefits, services, or assistance submits to the
63	63	department on the form prescribed by the department:
64	64	(1) a statement by the individual or the individual's
65	65	legally authorized representative attesting that the individual
66	66	does not have access to private health care insurance that provides
67	67	coverage for the benefit, service, or assistance; or
68	68	(2) if the individual has access to private health
69	69	care insurance that provides coverage for the benefit, service, or
70	70	assistance, the information and authorization necessary for the
71	71	department to submit a claim for reimbursement from the insurer for
72	72	the benefit, service, or assistance.
73	73	(d) The department may waive the prohibition under
74	74	Subsection (c) for an individual or for health or mental health
75	75	benefits, services, or assistance described in Subsection (b) if
76	76	the department determines that a benefit, service, or assistance is
77	77	necessary during a crisis or emergency.
78	78	(e) The executive commissioner shall adopt rules necessary
79	79	to implement this section.
80	80	Sec. 1001.081. HEALTH INSURANCE EXCHANGE INFORMATION.
81	81	(a) In this section:
82	82	(1) "Health insurance exchange" means an American
83	83	Health Benefit Exchange administered by the federal government
84	84	under 42 U.S.C. Section 18041 or created under 42 U.S.C. Section
85	85	18031.
86	86	(2) "Individual's legally authorized representative"
87	87	has the meaning assigned by Section 1001.080(a).
88	88	(b) The department may develop informational materials
89	89	regarding health care insurance coverage and subsidies available
90	90	under a health insurance exchange.
91	91	(c) The department shall provide the informational
92	92	materials regarding health care insurance coverage and subsidies
93	93	available under a health insurance exchange to an individual or the
94	94	individual's legally authorized representative who:
95	95	(1) applies to receive health or mental health
96	96	benefits, services, or assistance described in Section
97	97	1001.080(b); and
98	98	(2) has an income above 100 percent of the federal
99	99	poverty level.
100	100	(d) The executive commissioner shall adopt rules necessary
101	101	to implement this section.
102	102	SECTION 2. As soon as practicable after the effective date
103	103	of this Act, the Department of State Health Services shall
104	104	prescribe the form required by Section 1001.080, Health and Safety
105	105	Code, as added by this Act.
106	106	SECTION 3. As soon as possible after the effective date of
107	107	this Act, the Health and Human Services Commission shall apply for
108	108	any waiver or other authorization necessary to implement this Act.
109	109	The commission may delay implementing this Act until the waiver or
110	110	authorization is granted.
111	111	SECTION 4. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2013.