By Hernandez, Pitts                                   H.B. No. 2379
       74R6445 GCH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to comparable health insurance coverage for employees of
    1-3  public school districts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 13.913(a), Education Code, is amended to
    1-6  read as follows:
    1-7        (a)  Each district shall make available to its employees
    1-8  group health coverage provided by a risk pool established by one or
    1-9  more school districts under Chapter 172, Local Government Code, or
   1-10  under a policy of insurance or group contract issued by an insurer,
   1-11  a company subject to Chapter 20, Insurance Code, or a health
   1-12  maintenance organization under the Texas Health Maintenance
   1-13  Organization Act (Chapter 20A, Vernon's Texas Insurance Code).  The
   1-14  coverage must meet the substantive coverage requirements of Article
   1-15  3.51-6, Insurance Code, and any other law applicable to group
   1-16  health insurance policies or contracts issued in this state.  The
   1-17  coverage must include major medical treatment but may exclude
   1-18  experimental procedures.  In this subsection, "major medical
   1-19  treatment" means a medical, surgical, or diagnostic procedure or
   1-20  intervention that has a significant recovery period, presents a
   1-21  significant risk, employs a general anesthetic, or, in the opinion
   1-22  of the primary physician, involves a significant invasion of bodily
   1-23  integrity that requires the extraction of bodily fluids or an
   1-24  incision or that produces substantial pain, discomfort, or
    2-1  debilitation.  The coverage may include managed care or preventive
    2-2  care and must be comparable to the basic health coverage provided
    2-3  under the Texas Employees Uniform Group Insurance Benefits Act
    2-4  (Article 3.50-2, Vernon's Texas Insurance Code).  For purposes of
    2-5  this subsection, coverage is comparable only if it is substantially
    2-6  similar to the basic health coverage provided under the Texas
    2-7  Employees Uniform Group Insurance Benefits Act.  The cost of the
    2-8  coverage may be shared by the employees and the district.  Each
    2-9  district shall certify the district's compliance with this
   2-10  subsection to the executive director of the Teacher Retirement
   2-11  System of Texas by February 1 of each year in the manner required
   2-12  by the board of trustees of the Teacher Retirement System of Texas.
   2-13  The certification must include a copy of the district's current
   2-14  contract for group health coverage.  The executive director of the
   2-15  Teacher Retirement System of Texas shall determine whether a
   2-16  district's coverage is comparable to the basic health coverage
   2-17  provided under the Texas Employees Uniform Group Insurance Benefits
   2-18  Act.  The executive director shall make the determination from
   2-19  factors that must include an examination of the entity underwriting
   2-20  the district's plan, an accounting of all uninsured costs to or
   2-21  copayments by the employee, district costs by employee and
   2-22  category, the schedule of benefits including percentage of costs
   2-23  paid by the insurer, and the length of service offered by the
   2-24  insurance provider in the district.  The Teacher Retirement System
   2-25  of Texas shall report to the applicable school district and the
   2-26  Legislative Budget Board those districts in which the executive
   2-27  directors determine that the basic health coverage is not
    3-1  comparable.
    3-2        SECTION 2.  This Act applies beginning with the 1995-1996
    3-3  school year.
    3-4        SECTION 3.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended,
    3-9  and that this Act take effect and be in force from and after its
   3-10  passage, and it is so enacted.