1 | 1 | | 86R14371 KSM-D |
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2 | 2 | | By: Shaheen H.C.R. No. 90 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | CONCURRENT RESOLUTION |
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6 | 6 | | WHEREAS, An effective way to offset the increasing cost of |
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7 | 7 | | health care is to use direct primary care for all primary health |
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8 | 8 | | care services and use a high deductible health insurance plan in |
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9 | 9 | | combination with a health savings account to cover more expensive |
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10 | 10 | | care and hospitalization; and |
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11 | 11 | | WHEREAS, In direct primary care, a single low monthly fee to a |
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12 | 12 | | physician or clinic covers all primary care services, with no |
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13 | 13 | | preexisting condition exclusions, no disagreements over covered |
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14 | 14 | | treatments, no insurance forms to fill out, and no deductibles or |
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15 | 15 | | co-pays; and |
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16 | 16 | | WHEREAS, A high deductible health insurance plan in |
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17 | 17 | | combination with a health savings account is offered by the |
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18 | 18 | | Employees Retirement System (ERS) of Texas to state employees; the |
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19 | 19 | | ERS notes that health savings accounts are like tax-free nest eggs |
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20 | 20 | | for health care expenses because contributions are tax-free, up to |
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21 | 21 | | a certain amount set by the Internal Revenue Service; withdrawals |
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22 | 22 | | are not taxed, as long as the money is used for qualified health |
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23 | 23 | | expenses, and interest and investment earnings are not taxed; and |
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24 | 24 | | WHEREAS, Unfortunately, Texans who enroll in a high |
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25 | 25 | | deductible health insurance plan in combination with a health |
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26 | 26 | | savings account cannot use their health savings account to pay for |
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27 | 27 | | direct primary care because of an Internal Revenue Service ruling |
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28 | 28 | | that direct primary care constitutes a second health insurance |
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29 | 29 | | plan, which is prohibited under federal law governing tax-free |
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30 | 30 | | contributions to a health savings account; and |
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31 | 31 | | WHEREAS, Like many other states, Texas has passed legislation |
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32 | 32 | | to establish that direct primary care is not insurance and that a |
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33 | 33 | | physician providing direct primary care in return for a monthly |
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34 | 34 | | retainer is not subject to regulation by the Texas Department of |
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35 | 35 | | Insurance for the direct primary care; and |
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36 | 36 | | WHEREAS, Likewise, a federal regulation adopted by |
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37 | 37 | | the U.S. Department of Health and Human Services to implement the |
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38 | 38 | | Affordable Care Act treats direct primary care clinics, known as |
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39 | 39 | | medical homes, as a health benefit, not a health insurance plan; and |
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40 | 40 | | WHEREAS, Despite state and federal action to clarify that |
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41 | 41 | | direct primary care is not insurance, congressional action is |
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42 | 42 | | needed to allow health savings accounts to be used for direct |
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43 | 43 | | primary care; such action would benefit many Texans, including |
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44 | 44 | | those in rural communities, by encouraging more patients to get |
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45 | 45 | | their care from a personal physician, rather than a hospital |
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46 | 46 | | emergency room, and by encouraging more physicians to practice in |
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47 | 47 | | direct primary care; now, therefore, be it |
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48 | 48 | | RESOLVED, That the 86th Legislature of the State of Texas |
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49 | 49 | | hereby urge Congress to allow health savings accounts to be used for |
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50 | 50 | | direct primary care; and, be it further |
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51 | 51 | | RESOLVED, That the Texas secretary of state forward official |
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52 | 52 | | copies of this resolution to the president of the United States, to |
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53 | 53 | | the president of the Senate and the speaker of the House of |
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54 | 54 | | Representatives of the United States Congress, and to all the |
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55 | 55 | | members of the Texas delegation to Congress with the request that |
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56 | 56 | | this resolution be entered in the Congressional Record as a |
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57 | 57 | | memorial to the Congress of the United States of America. |
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