Texas 2019 - 86th Regular

Texas Senate Bill SB1940 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1940
	1	+	By: Hancock S.B. No. 1940
	2	+	(Oliverson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the administration of a temporary health insurance risk
6	8		pool.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 1510.002, Insurance Code, is amended to
9	11		read as follows:
10	12		Sec. 1510.002. ESTABLISHMENT OF TEMPORARY HEALTH INSURANCE
11	13		RISK POOL. To the extent that federal funds are [become] available
12	14		under federal law[, regulation, or executive action after March 1,
13	15		2017], the commissioner may:
14	16		(1) apply for such funds; and
15	17		(2) use such funds to establish and administer a
16	18		temporary health insurance risk pool for the purposes of this
17	19		chapter.
18	20		SECTION 2. Section 1510.003, Insurance Code, is amended by
19	21		amending Subsection (a) and adding Subsection (c) to read as
20	22		follows:
21	23		(a) The exclusive purpose of the pool is to provide a
22	24		temporary mechanism [for maximizing available federal funding] to
23	25		assist residents of this state in obtaining access to quality,
24	26		guaranteed issue health coverage [care] at minimum cost to the
25	27		public.
26	28		(c) The pool may not be used in a manner that requires this
27	29		state to assume functions currently performed by the United States
28	30		Department of Health and Human Services or the United States
29	31		Internal Revenue Service under the Patient Protection and
30	32		Affordable Care Act (Pub. L. No. 111-148), including establishing
31	33		an exchange or administering premium tax credits.
32	34		SECTION 3. Section 1510.004, Insurance Code, is amended to
33	35		read as follows:
34	36		Sec. 1510.004. PROVISION OF GUARANTEED ISSUE HEALTH
35	37		COVERAGE. (a) Subject to any requirements for obtaining federal
36	38		funds [held in the pool], the commissioner may increase access to
37	39		guaranteed issue health coverage by [use pool funds]:
38	40		(1) establishing a high risk pool to provide
39	41		alternative individual health insurance coverage to eligible
40	42		individuals that does not diminish enrollment in [the availability
41	43		of] traditional commercial health care coverage;
42	44		(2) providing [to provide] funding to individual
43	45		health benefit plan issuers that cover individuals with certain
44	46		health or cost characteristics in exchange for lower enrollee
45	47		premium rates; or
46	48		(3) providing [to provide] a reinsurance program for
47	49		health benefit plan issuers in the individual market in exchange
48	50		for lower enrollee premium rates.
49	51		(b) If necessary to ensure access to quality individual
50	52		health insurance coverage for individuals with preexisting
51	53		conditions, the commissioner may take actions necessary to
52	54		establish a temporary high risk pool substantially similar to the
53	55		risk pool authorized by former Chapter 1506, Insurance Code,
54	56		repealed by Chapter 615 (S.B. 1367), Acts of the 83rd Legislature,
55	57		Regular Session, 2013, including:
56	58		(1) appointing a board of directors to govern the
57	59		temporary high risk pool;
58	60		(2) adopting rules or a plan of operation for the
59	61		temporary high risk pool; and
60	62		(3) contracting with a third party.
61	63		(c) Any rule or plan of operation adopted under Subsection
62	64		(b) remains in effect only until 30 days following the end of the
63	65		next regular session of the legislature unless a law is enacted that
64	66		authorizes coverage to be issued by the temporary risk pool and
65	67		provides for funding for coverage under the temporary risk pool.
66	68		SECTION 4. Section 1510.008(a), Insurance Code, is amended
67	69		to read as follows:
68	70		(a) The commissioner may apply to the United States
69	71		secretary of health and human services:
70	72		(1) under 42 U.S.C. Section 18052 for a waiver of
71	73		applicable provisions of the Patient Protection and Affordable Care
72	74		Act (Pub. L. No. 111-148) and any applicable regulations or
73	75		guidance; or
74	76		(2) under any applicable provision of federal law
75	77		[enacted on or after May 1, 2017,] for a waiver of applicable
76	78		provisions of any federal law, regulations, or guidance with
77	79		respect to health insurance coverage consistent with Section
78	80		1510.003.
79	81		SECTION 5. Section 1510.012(a), Insurance Code, is amended
80	82		to read as follows:
81	83		(a) Beginning June 1, 2020 [2018], not later than June 1 of
82	84		each year, the department shall submit a report to the governor, the
83	85		lieutenant governor, and the speaker of the house of
84	86		representatives.
85	87		SECTION 6. Section 1510.013, Insurance Code, is amended to
86	88		read as follows:
87	89		Sec. 1510.013. EXPIRATION OF CHAPTER. This chapter expires
88	90		August 31, 2021 [2019].
89	91		SECTION 7. This Act takes effect immediately if it receives
90	92		a vote of two-thirds of all the members elected to each house, as
91	93		provided by Section 39, Article III, Texas Constitution. If this
92	94		Act does not receive the vote necessary for immediate effect, this
93	95		Act takes effect September 1, 2019.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I hereby certify that S.B. No. 1940 passed the Senate on
97		-	April 26, 2019, by the following vote: Yeas 30, Nays 0.
98		-	______________________________
99		-	Secretary of the Senate
100		-	I hereby certify that S.B. No. 1940 passed the House on
101		-	May 21, 2019, by the following vote: Yeas 146, Nays 1, one
102		-	present not voting.
103		-	______________________________
104		-	Chief Clerk of the House
105		-	Approved:
106		-	______________________________
107		-	Date
108		-	______________________________
109		-	Governor