SRC-JXG H.B. 3178 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3178
76R14165 PB-FBy: Lewis, Glenn (Shapleigh)
State Affairs
5/14/1999
Engrossed


DIGEST 

Currently, Texas law provides that an individual who has five or more years
of service under the Teacher Retirement System as a public school teacher
can work at the University of Texas (UT) or Texas A&M University (A&M) for
one day and retire as a UT or A&M retiree under the medical plan with
entitlement to premium sharing funds, which the individual would otherwise
not receive. In April 1, 1992, the University of Houston System and Texas
Tech University elected to join the Employee Retirement System (ERS)
Insurance Program.  H.B. 3178 would clarify the definitions of certain
terms to include these institutions in the ERS insurance program, and would
clarify an employee's entitlement to automatic coverage; allow electronic
authorization for premium cost deduction from an employee compensation; and
establish surviving spouse or dependant entitlements to continuing health
plan coverages, provided those persons pay the full cost of coverage.  

PURPOSE

As proposed, H.B. 3178 sets forth provisions regarding coverage for certain
health benefits under the Texas State College and University Employees
Uniform Insurance Benefits Act. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 3(a), Article 3.50-3, Insurance Code, to redefine
"administering carrier," "retired employee," "employee,""employer,"
"institution," and "qualified carrier." Defines "basic coverage"and
"optional coverage." Makes conforming and nonsubstantive changes. Deletes
the definition for "Texas Tech University" and "University of Houston
System." 

SECTION 2. Amends Sections 4(a), (b), (d), (e), and (f), Article 3.50-3,
Insurance Code, to require each institution to implement the program for
the benefit of its employees and retired employees. Provides that the
services an institution is authorized to select and contract be performed
by a health maintenance organization approved by the State of Texas, rather
than by the federal government or the State of Texas if available. Exempts
a plan of coverages for which the institution does not purchase insurance,
but provides coverage, under this Act on a self-insured basis, from any
other insurance law unless the law expressly applies to this plan or this
Act. Deletes existing text relating to the requirements imposed on a health
maintenance organization, and the feasibility of the establishment of a
cafeteria plan. Makes conforming changes.  

SECTION 3. Amends Section 5, Article 3.50-3, Insurance Code, to include a
plan description among the documents issued to an insured employee or
retired employee under this Act and a summary of the provisions of a
contract among the items included in the certificate of insurance or plan
description. Makes conforming changes.  

SECTION 4. Amends Section 8(b), Article 3.50-3, Insurance Code, to make
conforming changes.  

SECTION 5. Amends Section 9(a), Article 3.50-3, Insurance Code, to make a
conforming change.  

 SECTION 6. Amends Section 10, Article 3.50-3, Insurance Code, to make
conforming changes.  

SECTION 7. Amends Section 11, Article 3.50-3, Insurance Code, to delete
text requiring each policy of insurance to provide for automatic coverage
on the date the employee becomes eligible for insurance. Provides that
other coverages provided under this Act for which an employee or retired
employee may make application under this section are provided within
applicable standards, rather than within institutional and administrative
council standards. Makes conforming and nonsubstantive changes.  

SECTION 8. Amends Section 12, Article 3.50-3, Insurance Code, to provide
that an employee and retired employee may electronically authorize a
certain specified deduction. Requires a retired employee to execute
agreements and make appropriate contributions in a manner analogous to the
requirements adopted under this section (Payment of Premiums) for an active
employee. Makes conforming changes.  

SECTION 9. Amends Section 17, Article 3.50-3, Insurance Code, by adding
Subsection (b), to authorize a surviving spouse of an employee or retired
employee, who meets specified conditions, to elect to retain the spouse's
authorized coverages and retain authorized coverage for an eligible
dependent, at the group rate for employees, following the death of the
employee or retired employee, provided that at the time of death such
coverage was in effect for the spouse or dependent(s). Makes a conforming
change.  

SECTION 10. Effective date: September 1, 1999. Provides that this Act
applies only to a group coverage that is delivered, issued for delivery, or
renewed under Article 3.50-3 (Texas State College and University Employees
Uniform Insurance Benefits Act), V.T.C.S., on or after January 1, 2000.  

SECTION 11. Effective date: September 1, 1999.

SECTION 12. Emergency clause.