By: King of Parker, Fallon, Flynn H.B. No. 2123
(Senate Sponsor - Perry)
(In the Senate - Received from the House May 11, 2015;
May 12, 2015, read first time and referred to Committee on State
Affairs; May 22, 2015, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to participation of the state military forces in the state
group benefits program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 437.212, Government Code, is amended by
amending Subsections (f) and (g) and adding Subsections (g-1),
(g-2), and (g-3) to read as follows:
(f) A member of the state military forces [volunteer in the
Texas State Guard] who is not a full-time or part-time state
employee and who has been on state active duty or on state training
or other duty for more than 60 [90] days is, notwithstanding Section
1551.1055, Insurance Code, eligible to participate in the state
group benefits program under Chapter 1551, Insurance Code, to
purchase health or dental insurance coverage, subject to the
following requirements:
(1) the participant must be a member of the state
military forces [Texas State Guard] at the time of enrollment in the
group benefits program;
(2) the participant must pay the full cost of health or
dental insurance coverage under the group benefits program [and may
not receive a state contribution for premiums]; and
(3) an application under this subsection for group
benefit health or dental insurance coverage must be submitted in
accordance with procedures established by the Employees Retirement
System of Texas.
(g) The adjutant general and the Employees Retirement
System of Texas shall coordinate and consult to implement the
benefits program provided by Subsection (f) and shall adopt a
memorandum of understanding to establish:
(1) the procedures that a member of the state military
forces [Texas State Guard] may use to elect to participate in the
state group benefits program; and
(2) an appropriate method to annually confirm
continuing eligibility to participate in the group benefits
program.
(g-1) A member of the state military forces described by
Subsection (f) is eligible to receive a stipend to be paid by the
department in an amount to be determined by the department under
Subsection (g-3) for each month following the 60th day that the
member:
(1) is on state active duty or on state training or
other duty; and
(2) subject to verification by the adjutant general as
provided by Section 437.2121, pays the full cost of health or dental
insurance coverage under:
(A) the state group benefits program;
(B) a government-funded health or dental
insurance plan; or
(C) a private or nongovernmental health or dental
insurance plan for which the member is required to pay premiums.
(g-2) A member of the state military forces who is eligible
to receive a stipend under Subsection (g-1) must notify the
adjutant general of the member's health or dental insurance
coverage by submitting the authorization form specified by Section
437.2121. The adjutant general may adopt rules to implement and
administer this subsection, including rules that prescribe the
procedure a member must follow to submit an executed authorization
form and the amount of time a member has to submit the authorization
form. The comptroller may consult with the adjutant general to
adopt rules governing the manner in which an eligible member may
receive a stipend.
(g-3) A stipend paid to a member of the Texas National Guard
may not exceed the amount of the member's TRICARE premium or an
amount equal to that premium to be applied toward the member's
private or nongovernmental insurance plan. A stipend paid to a
member of the Texas State Guard or other member of a military force
organized under state law may not exceed the amount of the member's
health or dental insurance plan premium determined by the premium
amount associated with the state group benefits program or an
amount equal to that premium to be applied toward the member's
private or nongovernmental insurance plan.
SECTION 2. Subchapter E, Chapter 437, Government Code, is
amended by adding Section 437.2121 to read as follows:
Sec. 437.2121. AUTHORIZATION FORM FOR RELEASE OF PROTECTED
HEALTH INFORMATION. (a) A member of the state military forces who
meets the eligibility requirements under Section 437.212(g-1) may
not receive a stipend under that section unless the member submits
to the adjutant general the authorization form specified by this
section. The adjutant general must verify that the member has paid
the full cost of the member's health or dental insurance coverage
before the department may issue a stipend to the member.
(b) The authorization form specified by this section may not
be altered or modified. A member who alters or modifies the
authorization form, or who revokes an executed authorization, may
not receive a stipend to which the member may otherwise be eligible
until 60 days following receipt by the adjutant general of a newly
executed authorization form.
(c) The authorization form required by this section shall be
in the following form and shall be construed in accordance with the
Standards for Privacy of Individually Identifiable Health
Information (45 C.F.R. Parts 160 and 164):
AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION
A. I, ___________ (name of state military forces member or
authorized representative), hereby authorize __________ (name of
health or dental insurance coverage provider to whom the
authorization form is directed) to obtain and disclose (within the
parameters set out below) the protected health information
described below for the purpose of verifying that __________ (name
of state military forces member), as a member of the state military
forces called to state active duty or on state training or other
duty for more than 60 days, is eligible for a stipend as provided by
Section 437.212, Government Code.
B. The health information to be obtained, used, or disclosed
extends to and includes the verbal as well as the written and is
specifically described as all records documenting payment of health
or dental insurance coverage premiums by __________ (name of state
military forces member), including information related to the
eligibility for coverage, dates of coverage, billing, payments
received, and termination of coverage.
C. The persons or class of persons to whom the health
information of __________ (state military forces member) will be
disclosed or who will make use of said information are:
1. The adjutant general of the state military forces;
2. Any agent, contractor, or staff of the state
military forces, including secretarial, clerical, accounting,
information technology, or administrative staff, designated by the
adjutant general to assist with the determination of eligibility
for a stipend or the processing or issuing of stipends;
3. The comptroller;
4. Any agent, contractor, or staff of the comptroller
designated by the comptroller to assist with the determination of
eligibility for a stipend or the processing or issuing of stipends.
D. This authorization shall expire on the discharge of the
member from the state military forces.
E. I understand that, without exception, I have the right to
revoke this authorization by providing written notice to a person
or class of persons designated by the adjutant general. I further
understand the consequence of any such revocation as set out in
Section 437.2121, Government Code.
F. I understand that the signing of this authorization is
not a condition for continued treatment, payment, enrollment, or
eligibility for health plan benefits.
G. I understand that information used or disclosed under
this authorization may be subject to redisclosure by the recipient
and may no longer be protected by federal HIPAA privacy
regulations.
Signature of state military forces member/representative
___________________________________
Date
___________________________________
Name of state military forces member/representative
___________________________________
Description of representative's authority
___________________________________
SECTION 3. This Act takes effect January 1, 2016.
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