Texas 2015 - 84th Regular

Texas Senate Bill SB847 Compare Versions

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

Old	New	Differences
1	1	84R8801 EES-D
2	2	By: Rodríguez, Zaffirini S.B. No. 847
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting a waiting period requirement for coverage
8	8	under the child health plan program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 62.154, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 62.154. WAITING PERIOD PROHIBITED; CROWD OUT. (a) The
13	13	[To the extent permitted under Title XXI of the Social Security Act
14	14	(42 U.S.C. Section 1397aa et seq.), as amended, and any other
15	15	applicable law or regulations, the] child health plan may not
16	16	[must] include a waiting period, but the child health plan [and] may
17	17	include copayments and other provisions intended to discourage:
18	18	(1) employers and other persons from electing to
19	19	discontinue offering coverage for children under employee or other
20	20	group health benefit plans; and
21	21	(2) individuals with access to adequate health benefit
22	22	plan coverage, other than coverage under the child health plan,
23	23	from electing not to obtain or to discontinue that coverage for a
24	24	child.
25	25	(b) A child may enroll in the child health plan program at
26	26	any time, without regard to any open enrollment period established
27	27	under the enrollment procedures, [is not subject to a waiting
28	28	period adopted under Subsection (a)] if:
29	29	(1) the family lost coverage for the child as a result
30	30	of:
31	31	(A) termination of employment because of a layoff
32	32	or business closing;
33	33	(B) termination of continuation coverage under
34	34	the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub.
35	35	L. No. 99-272);
36	36	(C) change in marital status of a parent of the
37	37	child;
38	38	(D) termination of the child's Medicaid
39	39	eligibility because:
40	40	(i) the child's family's earnings or
41	41	resources increased; or
42	42	(ii) the child reached an age at which
43	43	Medicaid coverage is not available; or
44	44	(E) a similar circumstance resulting in the
45	45	involuntary loss of coverage;
46	46	(2) the family terminated health benefits plan
47	47	coverage for the child because the cost to the child's family for
48	48	the coverage exceeded 10 percent of the family's net income;
49	49	(3) the child has access to group-based health
50	50	benefits plan coverage and is required to participate in the health
51	51	insurance premium payment reimbursement program administered by
52	52	the commission; or
53	53	(4) the commission has determined that other grounds
54	54	exist for a good cause exception.
55	55	[(c) A child described by Subsection (b) may enroll in the
56	56	child health plan program at any time, without regard to any open
57	57	enrollment period established under the enrollment procedures.
58	58	[(d) The waiting period required by Subsection (a) must:
59	59	[(1) extend for a period of 90 days after the last
60	60	date on which the applicant was covered under a health benefits
61	61	plan; and
62	62	[(2) apply to a child who was covered by a health
63	63	benefits plan at any time during the 90 days before the date of
64	64	application for coverage under the child health plan.]
65	65	SECTION 2. If before implementing any provision of this Act
66	66	a state agency determines that a waiver or authorization from a
67	67	federal agency is necessary for implementation of that provision,
68	68	the agency affected by the provision shall request the waiver or
69	69	authorization and may delay implementing that provision until the
70	70	waiver or authorization is granted.
71	71	SECTION 3. This Act takes effect September 1, 2015.