Texas 2019 - 86th Regular

Texas House Bill HCR90 Compare Versions

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11 86R14371 KSM-D
22 By: Shaheen H.C.R. No. 90
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55 CONCURRENT RESOLUTION
66 WHEREAS, An effective way to offset the increasing cost of
77 health care is to use direct primary care for all primary health
88 care services and use a high deductible health insurance plan in
99 combination with a health savings account to cover more expensive
1010 care and hospitalization; and
1111 WHEREAS, In direct primary care, a single low monthly fee to a
1212 physician or clinic covers all primary care services, with no
1313 preexisting condition exclusions, no disagreements over covered
1414 treatments, no insurance forms to fill out, and no deductibles or
1515 co-pays; and
1616 WHEREAS, A high deductible health insurance plan in
1717 combination with a health savings account is offered by the
1818 Employees Retirement System (ERS) of Texas to state employees; the
1919 ERS notes that health savings accounts are like tax-free nest eggs
2020 for health care expenses because contributions are tax-free, up to
2121 a certain amount set by the Internal Revenue Service; withdrawals
2222 are not taxed, as long as the money is used for qualified health
2323 expenses, and interest and investment earnings are not taxed; and
2424 WHEREAS, Unfortunately, Texans who enroll in a high
2525 deductible health insurance plan in combination with a health
2626 savings account cannot use their health savings account to pay for
2727 direct primary care because of an Internal Revenue Service ruling
2828 that direct primary care constitutes a second health insurance
2929 plan, which is prohibited under federal law governing tax-free
3030 contributions to a health savings account; and
3131 WHEREAS, Like many other states, Texas has passed legislation
3232 to establish that direct primary care is not insurance and that a
3333 physician providing direct primary care in return for a monthly
3434 retainer is not subject to regulation by the Texas Department of
3535 Insurance for the direct primary care; and
3636 WHEREAS, Likewise, a federal regulation adopted by
3737 the U.S. Department of Health and Human Services to implement the
3838 Affordable Care Act treats direct primary care clinics, known as
3939 medical homes, as a health benefit, not a health insurance plan; and
4040 WHEREAS, Despite state and federal action to clarify that
4141 direct primary care is not insurance, congressional action is
4242 needed to allow health savings accounts to be used for direct
4343 primary care; such action would benefit many Texans, including
4444 those in rural communities, by encouraging more patients to get
4545 their care from a personal physician, rather than a hospital
4646 emergency room, and by encouraging more physicians to practice in
4747 direct primary care; now, therefore, be it
4848 RESOLVED, That the 86th Legislature of the State of Texas
4949 hereby urge Congress to allow health savings accounts to be used for
5050 direct primary care; and, be it further
5151 RESOLVED, That the Texas secretary of state forward official
5252 copies of this resolution to the president of the United States, to
5353 the president of the Senate and the speaker of the House of
5454 Representatives of the United States Congress, and to all the
5555 members of the Texas delegation to Congress with the request that
5656 this resolution be entered in the Congressional Record as a
5757 memorial to the Congress of the United States of America.