Texas 2015 - 84th Regular

Texas Senate Bill SB1039 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Rodriguez S.B. No. 1039
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to seeking federal authorization to provide health benefit
7	7	plan coverage to certain low-income individuals through the private
8	8	marketplace.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 4, Government Code, is amended
11	11	by adding Chapter 540 to read as follows:
12	12	CHAPTER 540. FEDERAL WAIVER FOR HEALTH BENEFIT PLAN COVERAGE
13	13	THROUGH PRIVATE MARKETPLACE
14	14	Sec. 540.001. DEFINITIONS. In this chapter:
15	15	(1) "Expansion population" means residents of this
16	16	state:
17	17	(A) who were not eligible to receive benefits
18	18	under the eligibility criteria for the Medicaid program in effect
19	19	on December 31, 2013; and
20	20	(B) for whom federal matching funds are available
21	21	under the Patient Protection and Affordable Care Act (Pub. L.
22	22	No. 111-148) as amended by the Health Care and Education
23	23	Reconciliation Act of 2010 (Pub. L. No. 111-152) to provide
24	24	Medicaid benefits.
25	25	(2) "Medicaid program" means the medical assistance
26	26	program established under Title XIX, Social Security Act (42 U.S.C.
27	27	Section 1396 et seq.).
28	28	Sec. 540.002. FEDERAL AUTHORIZATION FOR HEALTH BENEFIT PLAN
29	29	COVERAGE THROUGH PRIVATE MARKETPLACE. (a) Notwithstanding any
30	30	other law, the executive commissioner shall seek a waiver under
31	31	Section 1115 of the Social Security Act (42 U.S.C. Section 1396 et
32	32	seq.) to the state Medicaid plan to develop and implement a program
33	33	to assist the expansion population with obtaining health benefit
34	34	plan coverage through the private marketplace. The terms of a
35	35	waiver under this section must:
36	36	(1) provide for the implementation of sliding scale
37	37	subsidies:
38	38	(A) based on an individual's ability to pay; and
39	39	(B) designed to assist eligible individuals with
40	40	purchasing a health benefit plan from credible health benefit plan
41	41	issuers;
42	42	(2) require the implementation of health savings
43	43	accounts and point-of-service cost-sharing by individuals meant to
44	44	encourage the appropriate use of health care benefits and wellness;
45	45	(3) include personal responsibility requirements for
46	46	individuals enrolled in the program, including incentives for
47	47	seeking and maintaining employment;
48	48	(4) impose financial penalties on individuals
49	49	enrolled in the program for inappropriate use of hospital emergency
50	50	room services for non-emergent care;
51	51	(5) provide for implementation of a small-employer
52	52	subsidy designed to encourage those employers to provide health
53	53	benefit coverage options as a benefit to employees who are members
54	54	of the expansion population; and
55	55	(6) be designed to establish a transparent process for
56	56	determining the cost savings realized under the waiver by local
57	57	governments and local property taxpayers that result from reduced
58	58	costs associated with providing indigent care services.
59	59	(b) The executive commissioner shall adopt rules necessary
60	60	to implement this section.
61	61	SECTION 2. Not later than December 1, 2015, the executive
62	62	commissioner of the Health and Human Services Commission shall
63	63	adopt rules necessary to implement Section 540.002, Government
64	64	Code, as added by this Act.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2015.