Amend CSHB 445 by striking Section 62.101, Health and Safety
Code, as added by SECTION 1 of the bill (page 9, line 13 through
page 10, line 9, house committee printing), and substituting:
      Sec. 62.101. ELIGIBILITY. (a)  A child is eligible for health
benefits coverage under the child health plan if the child:
            (1)  is younger than 18 years of age;
            (2)  is not eligible for medical assistance under the
Medicaid program;
            (3)  is not covered by a health benefits plan offering
adequate benefits, as determined by the commission;
            (4)  has a family income that is less than or equal to
the income eligibility level established under Subsection (b); and
            (5)  satisfies any other eligibility standard imposed
under the child health plan program in accordance with 42 U.S.C.
Section 1397bb, as amended, and any other applicable law or
regulations.
      (b)  The commission shall establish income eligibility levels
consistent with Title XXI of the Social Security Act (42 U.S.C.
Section 1397aa et seq.), as amended, and any other applicable law
or regulations, and subject to the availability of appropriated
money. At the implementation of the program, children ages birth
through 10 years of age whose net family income is at or below 200
percent of the federal poverty level shall be eligible for health
benefits coverage. Children ages 11 through 17 years of age whose
net family income is at or below 150 percent of the federal poverty
level shall also be eligible.
      (c)  The commissioner shall evaluate enrollment levels and
program impact every six months during the first 12 months of
implementation and at least annually thereafter and shall submit a
finding of fact to the Legislative Budget Board and the Governor's
office of Budget and Planning as to the adequacy of funding and the
ability of the program to sustain enrollment at higher income
eligibility levels for children ages 11 through 17 years of age.
The commissioner shall adjust the income limit to a higher level
after submitting a finding of fact that funding for the child
health plan is sufficient to support and sustain enrollment at the
higher level.
      (d)  Before implementing the program and on an annual basis
after the program is implemented, the commissioner shall evaluate
enrollment levels and program impact and submit a finding of fact
to the Legislative Budget Board and the Governor's Office of Budget
and Planning as to the adequacy of funding and the ability of the
program to sustain enrollment of children ages eight through 10
whose family income is between 150 percent and 200 percent of the
federal poverty level. The commissioner shall adjust the income
limit to a lower level after submitting a finding of fact that
funding for the child health plan is not sufficient to sustain
enrollment at the higher level. An adjustment to an income limit
made under this subsection may not result in the removal of health
insurance coverage from a child already insured under this chapter.