By Rangel                                       H.B. No. 1700

      75R4516 CAS-F                           

                                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

1-15     Article 3.51-6, Insurance Code, and any other law applicable to

1-16     group health insurance policies or contracts issued in this state.

1-17     The 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). The cost of the coverage may be shared by the employees and

 2-6     the district.  Each district shall report [certify] the district's

 2-7     compliance with this subsection to the executive director of the

 2-8     Teacher Retirement System of Texas not later than November 1 of

 2-9     each year in the manner required by the board of trustees of the

2-10     Teacher Retirement System of Texas.  The report [certification]

2-11     must include a copy of the district's current contract for group

2-12     health coverage.

2-13           (b)  The executive director of the Teacher Retirement System

2-14     of Texas must certify whether a district's group health coverage is

2-15     substantially similar to the basic health coverage provided under

2-16     the Texas Employees Uniform Group Insurance Benefits Act (Article

2-17     3.50-2, Vernon's Texas Insurance Code).  In making that

2-18     determination, the executive director must consider factors

2-19     including:

2-20                 (1)  the results of an examination of the entity

2-21     underwriting the district's plan;

2-22                 (2)  an accounting of uninsured costs to or copayments

2-23     required of district employees;

2-24                 (3)  district costs by employee and category;

2-25                 (4)  the schedule of benefits provided, including the

2-26     percentage of costs paid by the provider; and

2-27                 (5)  the length of the period the provider has offered

 3-1     coverage in the district.

 3-2           (c)  If the executive director of the Teacher Retirement

 3-3     System of Texas determines that the group health coverage offered

 3-4     by a district is not substantially similar to the basic health

 3-5     coverage under the Texas Employees Uniform Group Insurance Act

 3-6     (Article 3.50-2, Vernon's Texas Insurance Code), the executive

 3-7     director shall report that information to the district and to the

 3-8     Legislative Budget Board.  The executive director shall submit a

 3-9     report to the legislature not later than January 1 of each

3-10     odd-numbered year describing the status of each district's group

3-11     health coverage program based on the certification required by this

3-12     section.

3-13           (d)  A school district may not contract with an insurer, a

3-14     company subject to Chapter 20, Insurance Code, or a health

3-15     maintenance organization to issue a policy or contract under this

3-16     section, or with any person to assist the school district in

3-17     obtaining or managing the policy or contract unless, before the

3-18     contract is entered into, the insurer, company, organization, or

3-19     person provides the district with an audited financial statement

3-20     showing the financial condition of the insurer, company,

3-21     organization, or person.

3-22           (e) [(c)]  An insurer, a company subject to Chapter 20,

3-23     Insurance Code, or a health maintenance organization that issues a

3-24     policy or contract under this section and any person that assists

3-25     the school district in obtaining or managing the policy or contract

3-26     for compensation shall provide an annual audited financial

3-27     statement to the school district showing the financial condition of

 4-1     the insurer, company, organization, or person.

 4-2           (f) [(d)]  An audited financial statement provided under this

 4-3     section must be made in accordance with rules adopted by the

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

 4-5           SECTION 2.  Section 22.004, Education Code, as amended by

 4-6     this Act, applies to group health coverage for school district

 4-7     employees beginning with coverage for the 1997-1998 school year.

 4-8           SECTION 3.  The importance of this legislation and the

 4-9     crowded condition of the calendars in both houses create an

4-10     emergency and an imperative public necessity that the

4-11     constitutional rule requiring bills to be read on three several

4-12     days in each house be suspended, and this rule is hereby suspended,

4-13     and that this Act take effect and be in force from and after its

4-14     passage, and it is so enacted.