75R10834 CAS-F                           

         By Rangel, et al.                                     H.B. No. 1700

         Substitute the following for H.B. No. 1700:

         By Telford                                        C.S.H.B. No. 1700

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to group health coverage for school district employees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 22.004, Education Code, is amended to

 1-5     read as follows:

 1-6           Sec. 22.004.  GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES.

 1-7     (a) Each district shall make available to its employees group

 1-8     health coverage provided by a risk pool established by one or more

 1-9     school districts under Chapter 172, Local Government Code, or under

1-10     a policy of insurance or group contract issued by an insurer, a

1-11     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 substantially similar [comparable] to the basic

 2-3     health coverage provided under the Texas Employees Uniform Group

 2-4     Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance

 2-5     Code). To be considered substantially similar, the coverage must:

 2-6                 (1)  have a value that is equal to 90 percent or more

 2-7     of the value of the basic health coverage provided under the Texas

 2-8     Employees Uniform Group Insurance Benefits Act (Article 3.50-2,

 2-9     Vernon's Texas Insurance Code), as determined based on the

2-10     coverage's:

2-11                       (A)  deductible amount;

2-12                       (B)  coinsurance payment requirement amount; and

2-13                       (C)  lifetime maximum benefit amount;

2-14                 (2)  require the district to pay 90 percent or more of

2-15     the employee-only cost of coverage and 45 percent or more of the

2-16     dependent unit cost of coverage; and

2-17                 (3)  be issued by a provider licensed to do business in

2-18     this state by the Texas Department of Insurance or be provided

2-19     through district self-insurance.

2-20           (b)  The cost of the coverage may be shared by the employees

2-21     and the district to the extent authorized under Subsection (a).

2-22           (c)  Each district shall report [certify] the district's

2-23     compliance with this subsection to the executive director of the

2-24     Teacher Retirement System of Texas not later than November 1 of

2-25     each year in the manner required by the board of trustees of the

2-26     Teacher Retirement System of Texas.  The report [certification]

2-27     must be based on the district group health coverage plan in effect

 3-1     on November 1 and must include:

 3-2                 (1)  appropriate documentation of:

 3-3                       (A)  [a copy of] the district's [current]

 3-4     contract for group health coverage with a provider licensed to do

 3-5     business in this state by the Texas Department of Insurance; or

 3-6                       (B)  a resolution of the board of trustees of the

 3-7     district authorizing a self-insurance plan for district employees

 3-8     and of the district's review of district ability to cover the

 3-9     liability assumed;

3-10                 (2)  the schedule of benefits;

3-11                 (3)  the premium rate sheet, including district and

3-12     employee costs; and

3-13                 (4)  any other information considered appropriate by

3-14     the executive director of the Teacher Retirement System of Texas.

3-15           (d)  Based on the criteria prescribed by Subsection (a), the

3-16     executive director of the Teacher Retirement System of Texas shall

3-17     certify whether a district's coverage is substantially similar to

3-18     the basic health coverage provided under the Texas Employees

3-19     Uniform Group Insurance Benefits Act (Article 3.50-2, Vernon's

3-20     Texas Insurance Code).  If the executive director of the Teacher

3-21     Retirement System of Texas determines that the group health

3-22     coverage offered by a district is not substantially similar, the

3-23     executive director shall report that information to the district

3-24     and to the Legislative Budget Board.  The executive director shall

3-25     submit a report to the legislature not later than January 1 of each

3-26     odd-numbered year describing the status of each district's group

3-27     health coverage program based on the certification required by this

 4-1     section.

 4-2           (e) [(b)]  A school district may not contract with an

 4-3     insurer, a company subject to Chapter 20, Insurance Code, or a

 4-4     health maintenance organization to issue a policy or contract under

 4-5     this section, or with any person to assist the school district in

 4-6     obtaining or managing the policy or contract unless, before the

 4-7     contract is entered into, the insurer, company, organization, or

 4-8     person provides the district with an audited financial statement

 4-9     showing the financial condition of the insurer, company,

4-10     organization, or person.

4-11           (f) [(c)]  An insurer, a company subject to Chapter 20,

4-12     Insurance Code, or a health maintenance organization that issues a

4-13     policy or contract under this section and any person that assists

4-14     the school district in obtaining or managing the policy or contract

4-15     for compensation shall provide an annual audited financial

4-16     statement to the school district showing the financial condition of

4-17     the insurer, company, organization, or person.

4-18           (g) [(d)]  An audited financial statement provided under this

4-19     section must be made in accordance with rules adopted by the

4-20     commissioner of insurance or state auditor, as applicable.

4-21           SECTION 2.  This Act applies beginning with the 1997-1998

4-22     school year.

4-23           SECTION 3.  The importance of this legislation and the

4-24     crowded condition of the calendars in both houses create an

4-25     emergency and an imperative public necessity that the

4-26     constitutional rule requiring bills to be read on three several

4-27     days in each house be suspended, and this rule is hereby suspended,

 5-1     and that this Act take effect and be in force from and after its

 5-2     passage, and it is so enacted.