Texas 2017 - 85th Regular

Texas House Bill HB4068 Compare Versions

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11 85R14756 SCL-F
22 By: Gooden H.B. No. 4068
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to regional or local health care programs for eligible
88 individuals and employees of small employers.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Chapter 75, Health and Safety
1111 Code, is amended to read as follows:
1212 CHAPTER 75. REGIONAL OR LOCAL HEALTH CARE PROGRAMS FOR ELIGIBLE
1313 INDIVIDUALS AND EMPLOYEES OF SMALL EMPLOYERS
1414 SECTION 2. Section 75.001, Health and Safety Code, is
1515 amended to read as follows:
1616 Sec. 75.001. PURPOSE. The purpose of this chapter is to:
1717 (1) improve the health of eligible individuals and
1818 employees of small employers and their families by improving the
1919 individuals' and employees' access to health care and by reducing
2020 the number of those individuals and employees who are uninsured;
2121 (2) reduce the likelihood that those individuals and
2222 employees and their families will require services from
2323 state-funded entitlement programs such as Medicaid;
2424 (3) contribute to economic development by helping
2525 small businesses remain competitive with a healthy workforce and
2626 optional health care benefits that will attract employees; and
2727 (4) encourage innovative solutions for providing and
2828 funding health care services and benefits.
2929 SECTION 3. Section 75.002, Health and Safety Code, is
3030 amended by amending Subdivisions (1), (3), and (4) and adding
3131 Subdivision (1-a) to read as follows:
3232 (1) "Eligible individual" means an individual
3333 eligible for participation in a regional or local health care
3434 program established under this chapter.
3535 (1-a) "Employee" means an individual employed by an
3636 employer. The term includes a partner of a partnership and the
3737 proprietor of a sole proprietorship.
3838 (3) "Local health care program" means a local health
3939 care program operating in one county and established for the
4040 benefit of eligible individuals and the employees of small
4141 employers under Subchapter B.
4242 (4) "Regional health care program" means a regional
4343 health care program operating in two or more counties and
4444 established for the benefit of eligible individuals and the
4545 employees of small employers under Subchapter B.
4646 SECTION 4. Sections 75.052 and 75.053, Health and Safety
4747 Code, are amended to read as follows:
4848 Sec. 75.052. GOVERNANCE OF PROGRAM. (a) [A regional health
4949 care program may be operated subject to the direct governance of the
5050 commissioners courts of the participating counties. A local health
5151 care program may be operated subject to the direct governance of the
5252 commissioners court of the participating county.] A regional or
5353 local health care program must [may] be operated by a [joint
5454 council,] tax-exempt nonprofit entity[, or other entity that:
5555 [(1) operates the program under a contract with the
5656 commissioners court or courts, as applicable; or
5757 [(2) is an entity in which the county or counties
5858 participate or that is established or designated by the
5959 commissioners court or courts, as applicable, to operate the
6060 program].
6161 (b) An [In selecting an] entity operating [described by
6262 Subsection (a)(1) or (2) to operate] a regional or local health care
6363 program must [, the commissioners court or courts, as applicable,
6464 shall require, to the extent possible, that the entity] be
6565 authorized under federal law to accept donations on a basis that is
6666 tax-deductible or otherwise tax-advantaged for the contributor.
6767 Sec. 75.053. OPERATION OF PROGRAM. A regional or local
6868 health care program provides health care services or benefits to
6969 eligible individuals and the employees of participating small
7070 employers who are located within the boundaries of the
7171 participating county or counties, as applicable. A program may
7272 also provide services or benefits to the dependents of those
7373 individuals and employees.
7474 SECTION 5. Subchapter B, Chapter 75, Health and Safety
7575 Code, is amended by adding Section 75.0545 to read as follows:
7676 Sec. 75.0545. PARTICIPATION BY ELIGIBLE INDIVIDUALS; SHARE
7777 OF COST. Subject to Section 75.153, the governing body may
7878 establish criteria for participation in a regional or local health
7979 care program by eligible individuals and their dependents. The
8080 criteria must require that participating individuals pay a share of
8181 the premium or other cost of the program.
8282 SECTION 6. Section 75.055(c), Health and Safety Code, is
8383 amended to read as follows:
8484 (c) A governing body shall actively solicit gifts, grants,
8585 and donations to:
8686 (1) fund services and benefits provided under the
8787 regional or local health care program; and
8888 (2) reduce the cost of participation in the program
8989 for eligible individuals and for small employers and their
9090 employees.
9191 SECTION 7. Section 75.101, Health and Safety Code, is
9292 amended to read as follows:
9393 Sec. 75.101. ALTERNATIVE PROGRAMS AUTHORIZED; PROGRAM
9494 OBJECTIVES. In developing a regional or local health care program,
9595 a governing body may provide health care services or benefits as
9696 described by this subchapter or may develop another type of program
9797 to accomplish the purposes of this chapter. A regional or local
9898 health care program must be developed, to the extent practicable,
9999 to:
100100 (1) reduce the number of individuals without health
101101 benefit plan coverage [within the boundaries of the participating
102102 county or counties];
103103 (2) address rising health care costs and reduce the
104104 cost of health care services or health benefit plan coverage [for
105105 small employers and their employees within the boundaries of the
106106 participating county or counties];
107107 (3) promote preventive care and reduce the incidence
108108 of preventable health conditions, such as heart disease, cancer,
109109 and diabetes and low birth weight in infants;
110110 (4) promote efficient and collaborative delivery of
111111 health care services;
112112 (5) serve as a model for the innovative use of health
113113 information technology to promote efficient delivery of health care
114114 services, reduce health care costs, and improve the health of the
115115 community; and
116116 (6) provide fair payment rates for health care
117117 providers, to the extent applicable.
118118 SECTION 8. Sections 75.102(a), (c), and (d), Health and
119119 Safety Code, are amended to read as follows:
120120 (a) A regional or local health care program may provide
121121 health care benefits to eligible individuals and the employees of
122122 small employers by purchasing or facilitating the purchase of
123123 health benefit plan coverage for those individuals and employees
124124 from a health benefit plan issuer, including coverage under:
125125 (1) a small employer health benefit plan offered under
126126 Chapter 1501, Insurance Code;
127127 (2) a standard health benefit plan offered under
128128 Chapter 1507, Insurance Code; or
129129 (3) any other health benefit plan available in this
130130 state.
131131 (c) Notwithstanding Chapter 1251, Insurance Code, an
132132 insurer may issue a group accident and health insurance policy,
133133 including a group contract issued by a group hospital service
134134 corporation, to cover eligible individuals and the employees of
135135 small employers participating in a regional or local health care
136136 program. The group policyholder of a policy issued in accordance
137137 with this subsection is the governing body or the designee of the
138138 governing body.
139139 (d) A health maintenance organization may issue a health
140140 care plan to cover eligible individuals and the employees of small
141141 employers participating in a regional or local health care program.
142142 The group contract holder of a contract issued in accordance with
143143 this subsection is the governing body or the designee of the
144144 governing body.
145145 SECTION 9. Sections 75.104(a) and (c), Health and Safety
146146 Code, are amended to read as follows:
147147 (a) A regional or local health care program may contract
148148 with health care providers within the boundaries of the
149149 participating county or counties to provide health care services
150150 directly to eligible individuals, the employees of participating
151151 small employers, and the dependents of those individuals and
152152 employees.
153153 (c) A governing body that operates a regional or local
154154 health care program under this section may require that
155155 participating eligible individuals, employees, and dependents
156156 obtain health care services only from health care providers that
157157 contract to provide those services under the program and may limit
158158 the health care services provided under the program to services
159159 provided within the boundaries of the program's service area
160160 [participating county or counties].
161161 SECTION 10. This Act takes effect September 1, 2017.