84R3584 PMO-D
By: Turner of Tarrant H.B. No. 817
A BILL TO BE ENTITLED
AN ACT
relating to the contingent establishment of a health benefit
exchange tailored to the needs of the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Health and Human Services Commission,
the Texas Department of Insurance, or the commission in conjunction
with the department, shall negotiate with the appropriate federal
entity for authorization to develop a state health benefit
exchange. The negotiated authorization must allow the state health
benefit exchange to be flexible, patient-friendly, tailored to the
needs of the state, and similar to the health benefit exchange
described in the Patient Protection and Affordable Care Act (Pub.
L. No. 111-148).
(b) If the appropriate federal entity authorizes a state
health benefit exchange described in Subsection (a) of this
section, the Health and Human Services Commission, the Texas
Department of Insurance, or the commission in conjunction with the
department, shall develop and implement the health benefit
exchange.
SECTION 2. (a) This Act takes effect on the 91st day after
the date of publication in the Texas Register by the attorney
general of a finding that federal tax-credit subsidies do not
extend to health insurance coverage purchased through a health
insurance exchange established or operated by the federal
government under Section 1321, Patient Protection and Affordable
Care Act (42 U.S.C. Section 18041).
(b) The attorney general shall monitor federal
constitutional law and federal court cases related to the extension
of federal tax-credit subsidies to health insurance coverage
purchased through a health insurance exchange established or
operated by the federal government under Section 1321, Patient
Protection and Affordable Care Act (42 U.S.C. Section 18041). The
attorney general may make the finding described by Subsection (a)
of this section at any time the attorney general determines the
finding is warranted and shall make the finding not later than the
60th day after the date of issuance of a United States Supreme Court
action under which the finding is required.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.