| 1 | 1 | | 84R3584 PMO-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 817 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the contingent establishment of a health benefit |
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| 8 | 8 | | exchange tailored to the needs of the state. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. (a) The Health and Human Services Commission, |
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| 11 | 11 | | the Texas Department of Insurance, or the commission in conjunction |
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| 12 | 12 | | with the department, shall negotiate with the appropriate federal |
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| 13 | 13 | | entity for authorization to develop a state health benefit |
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| 14 | 14 | | exchange. The negotiated authorization must allow the state health |
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| 15 | 15 | | benefit exchange to be flexible, patient-friendly, tailored to the |
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| 16 | 16 | | needs of the state, and similar to the health benefit exchange |
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| 17 | 17 | | described in the Patient Protection and Affordable Care Act (Pub. |
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| 18 | 18 | | L. No. 111-148). |
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| 19 | 19 | | (b) If the appropriate federal entity authorizes a state |
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| 20 | 20 | | health benefit exchange described in Subsection (a) of this |
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| 21 | 21 | | section, the Health and Human Services Commission, the Texas |
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| 22 | 22 | | Department of Insurance, or the commission in conjunction with the |
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| 23 | 23 | | department, shall develop and implement the health benefit |
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| 24 | 24 | | exchange. |
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| 25 | 25 | | SECTION 2. (a) This Act takes effect on the 91st day after |
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| 26 | 26 | | the date of publication in the Texas Register by the attorney |
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| 27 | 27 | | general of a finding that federal tax-credit subsidies do not |
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| 28 | 28 | | extend to health insurance coverage purchased through a health |
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| 29 | 29 | | insurance exchange established or operated by the federal |
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| 30 | 30 | | government under Section 1321, Patient Protection and Affordable |
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| 31 | 31 | | Care Act (42 U.S.C. Section 18041). |
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| 32 | 32 | | (b) The attorney general shall monitor federal |
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| 33 | 33 | | constitutional law and federal court cases related to the extension |
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| 34 | 34 | | of federal tax-credit subsidies to health insurance coverage |
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| 35 | 35 | | purchased through a health insurance exchange established or |
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| 36 | 36 | | operated by the federal government under Section 1321, Patient |
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| 37 | 37 | | Protection and Affordable Care Act (42 U.S.C. Section 18041). The |
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| 38 | 38 | | attorney general may make the finding described by Subsection (a) |
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| 39 | 39 | | of this section at any time the attorney general determines the |
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| 40 | 40 | | finding is warranted and shall make the finding not later than the |
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| 41 | 41 | | 60th day after the date of issuance of a United States Supreme Court |
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| 42 | 42 | | action under which the finding is required. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2015. |
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