SRC-ARR S.B. 445 76(R)BILL ANALYSIS

Senate Research CenterS.B. 445
By: Moncrief
Health Services
8/5/1999
Enrolled


DIGEST 

Currently, Texas law does not provide for a child health plan for certain
low-income children.  The lack of health insurance contributes to poor
health and reduces the quality of life for children. Uninsured children are
less likely to receive health care when they are sick than children who
have some kind of health insurance, and are less likely to receive medical
care from a physician even when they need it.  S.B. 445 creates the Texas
Children's Health Insurance Program (CHIP), a heath plan for certain
low-income children. 

PURPOSE
As enrolled, S.B. 445 creates a child health plan for certain low-income
children. 
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Health and Human Services Commission
in SECTION 1 (Sections 62.051(d), 62.052(b), and 62.053(c), Health and
Safety Code); to the Texas Department of Health in SECTION 1 (Sections
62.051(d) and 62.052(b), Health and Safety Code); to the Texas Department
of Human Services in SECTION 1 (Section 62.051(d), Health and Safety Code);
to any health and human services agency in SECTION 1 (Section 62.051(d),
Health and Safety Code); and to the Texas Department of Insurance in
SECTION 1 (Section 62.054(c), Chapter 62B, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 2C, Health and Safety Code, by adding Chapter 62,
as follows: 

CHAPTER 62.  CHILD HEALTH PLAN FOR CERTAIN LOW-INCOME CHILDREN
SUBCHAPTER A. GENERAL PROVISIONS

Sec. 62.001. OBJECTIVE OF THE STATE CHILD HEALTH PLAN. Sets forth the
objective of the child health plan.  

Sec. 62.002. DEFINITIONS.  Defines "commission," "commissioner," "health
plan provider," and "net family income." 

Sec. 62.003. NOT AN ENTITLEMENT; TERMINATION OF PROGRAM.  Provides that
this chapter does not establish an entitlement to assistance in obtaining
heath benefits for a child.  Provides that the program established under
this chapter terminates at the time that federal funding terminates under
Title XXI of the Social Security Act, as amended, unless a successor
program providing federal funding for a state-designed child plan program
is created. Provides that the program terminates on the date that money
obtained by the state as a result of a certain agreement, unless the
legislature authorizes the expenditure of other revenue for the program
established under this chapter.  

Sec. 62.004. FEDERAL LAW AND REGULATIONS. Sets forth certain provisions
regarding federal law and regulations.  

SUBCHAPTER B. ADMINISTRATION OF CHILD HEALTH PLAN PROGRAM

Sec. 62.051. DUTIES OF COMMISSION.  Requires the Health and Human Services
Commission (commission) to develop a state-designed child health plan
program (program) to obtain heath benefits coverage for children in
low-income families.  Requires the commission to ensure that the program is
designed and administered in a manner that qualifies it for federal
funding.  Provides that the commission is the agency responsible for making
policy for the child health plan program, including policy related to
covered benefits provided under the child health plan. Prohibits the
commission from delegating this duty to another agency or entity. Requires
the commission to oversee the implementation of the program and coordinate
the activities of each agency necessary to the implementation of the
program, including certain departments. Authorizes the commission to adopt
rules as necessary to implement this chapter. Authorizes the commission to
require certain departments or any other health and human services agency
to adopt, with the approval of the commission, any rules that may be
adopted under this subsection.  Authorizes the commission to delegate to
certain agencies the authority to adopt any rules that may be adopted under
this subsection. Authorizes the commission to delegate to that agency the
authority to adopt, with the approval of the commission, any rules that may
be necessary to implement the program, with the consent of another agency
including the Texas Department of Insurance. Requires the commission to
conduct a review of each entity that enters into a contract under Section
62.055 or Section 62.155, to ensure that the entity is available, prepared,
and able to fulfill the entity's obligation under the contract in
compliance with the contract, this chapter, and rules adopted under this
chapter. Requires the commission to ensure that the amounts spent for
administration of the child health plan program do not exceed any limit on
those expenditures imposed by federal law.  

Sec. 62.052. DUTIES OF TEXAS DEPARTMENT OF HEALTH.  Authorizes the
commission to direct the Texas Department of Health (TDH) to implement
contracts and monitor child health plan (plan) providers and certain
services.  Authorizes the commission, or TDH under the direction of and in
consultation with the commission, to adopt rules as necessary to implement
this section. 

Sec. 62.053. DUTIES OF TEXAS DEPARTMENT OF HUMAN SERVICES.  Authorizes the
Texas Department of Human Services (DHS) to perform certain tasks, under
the direction of the commission.  Requires DHS, under the direction of the
commission, to perform certain tasks if the commission contracts with a
third party administrator.  Requires the commission or DHS, in consultation
with the commission, to adopt rules as necessary to implement this section. 

Sec. 62.054. DUTIES OF TEXAS DEPARTMENT OF INSURANCE.  Requires the Texas
Department of Insurance (TDI) to provide any necessary assistance with the
development of the plan, at the request of the commission.  Requires TDI to
monitor the quality of the services provided by health benefit plan
providers and resolve grievances relating to the providers.  Authorizes the
commission and TDI to adopt a memorandum of understanding that addresses
the responsibilities of each agency in developing the plan.  Requires TDI,
in consultation with the commission, to adopt rules as necessary to
implement this section. 

Sec. 62.055. CONTRACTS FOR IMPLEMENTATION OF CHILD HEALTH PLAN. Provides
that it is the intent of the legislature that the commission maximize the
use of private resources in administering the child health plan created
under this chapter. Authorizes the commission to contract with certain
persons in administering the plan. Sets forth provisions regarding a
readiness review. Authorizes a third party administrator or other entity to
perform tasks under the contract that would otherwise be performed by the
Texas Department of Health or Texas Department of Human Services under this
chapter. Requires the commission to take certain action.  

Sec. 62.056. COMMUNITY OUTREACH CAMPAIGN; TOLL-FREE HOTLINE.  Requires the
commission to conduct a community outreach and education campaign
(campaign) to provide information relating to the availability of health
benefits for children.  Requires the commission to conduct the campaign in
coordination with the Texas Healthy Kids Corporation in a manner that
promotes the goals of both programs and minimizes duplication of effort.
Requires the campaign to include a toll-free telephone number through which
families may obtain information about health benefits coverage for
children.  Requires the commission to provide grants to community-based
organizations to implement the campaign. Authorizes the commission to
direct TDH or DHS to perform all or part of the outreach campaign. 

Sec. 62.057. REGIONAL ADVISORY COMMITTEES. Sets forth certain requirements
for regional advisory committees.  

Sec. 62.058. FRAUD PREVENTION. Requires the commission to develop and
implement rules for the prevention and detection of fraud in the child
health plan program. 

SUBCHAPTER C. ELIGIBILITY FOR COVERAGE UNDER CHILD HEALTH PLAN

Sec. 62.101.  ELIGIBILITY.  Provides that a child is eligible for health
benefits coverage under the plan if the child meets certain requirements.
Requires the commission to establish an income eligibility level consistent
with Title XXI of the Social Security Act and any other applicable law or
regulations, and subject to the availability of appropriated money, so that
children younger than 19 years of age whose family income is at or below
200 percent of the federal poverty level to be eligible for health benefits
coverage. Requires the commissioner of health and human services
(commissioner) to evaluate enrollment levels and program impact every six
months during the first 12 months of implementation and at least annually
thereafter and to 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 the
eligibility levels established by Subsection (b).  Requires the commission
to take certain actions, in the event that appropriated money is
insufficient to sustain enrollment at the authorized eligibility level. 

Sec. 62.102. CONTINUOUS COVERAGE.  Requires the commission to provide that
an individual who is determined to be eligible for coverage under the child
health plan remains eligible for those benefits until a certain time. 

Sec. 62.103. APPLICATION FORM AND PROCEDURES.  Requires the commission, or
DHS at the direction of and in consultation with the commission, to adopt
an application form and application procedures for requesting plan coverage
under this chapter.  Requires the form and procedures to coordinate with
forms and procedures under the Medicaid program and forms and procedures
used by the Texas Healthy Kids Corporation so that a person may submit a
single consolidated application to seek assistance under this chapter or
the Medicaid program or from the corporation.  Requires the application
form to be made available in languages other than English.  Authorizes the
commission to permit application to be made by mail, over the telephone, or
through the Internet. 

Sec. 62.104. ELIGIBILITY SCREENING AND ENROLLMENT.  Requires the
commission, or DHS at the direction and in consultation with the
commission, to develop eligibility screening and enrollment procedures for
children that comply with the requirements of 42 U.S.C. Section 1397bb, as
amended, and any other applicable law or regulations.  Requires the
procedures to ensure that Medicaid-eligible children are identified and
referred to the Medicaid program.  Authorizes the Texas Integrated
Enrollment Services eligibility determination system or a compatible system
to be used to screen and enroll children under the plan. Requires the
eligibility screening and enrollment procedures to ensure that children who
appear to be Medicaid-eligible are identified and that their families are
assisted in applying for Medicaid coverage. Requires children who are
denied enrollment to be enrolled in the health plan without further
application or qualification. Requires the commission to report
semi-annually to the committees of both houses of the legislature with
jurisdiction over the child health plan the numbers of individuals referred
and denied for Medicaid coverage. Sets forth requirements for a
determination of whether a child is eligible for coverage. 

Sec. 62.105. COVERAGE FOR QUALIFIED ALIENS. Sets forth provisions regarding
coverage for qualified aliens.  
 SUBCHAPTER D.  CHILD HEALTH PLAN

Sec. 62.151.  CHILD HEALTH PLAN COVERAGE.  Requires the plan to comply with
this chapter and the coverage requirements prescribed by 42 U.S.C. Section
1397cc, as amended, and any other applicable law or regulations.  Requires
the commission to consider the health care needs of certain children.
Requires the commission to consider the health benefit plans providing
coverage to state employees under the Texas Employees Uniform Group
Insurance Benefits Act and may use a health benefit plan providing coverage
under that article as a model for the plan.  Authorizes the benefits
offered under the child health plan to vary from the benefits offered state
employees.  Requires the plan to allow an enrolled child with a chronic,
disabling, or life-threatening illness to select an appropriate specialist
as a primary care physician. 

Sec. 62.152. APPLICATION OF INSURANCE LAW.  Provides that, to provide the
flexibility necessary to satisfy the requirements of Title XXI of the
Social Security Act, as amended, and any other applicable law or
regulations, the plan is not subject to a law that requires certain
coverage. 

Sec. 62.153. COST SHARING.  Authorizes the commission to require enrollees
to share the cost of the plan, including provisions requiring enrollees
under the plan to pay certain costs. Requires cost-sharing provisions
adopted under this section to ensure that families with higher levels of
income are required to pay progressively higher percentages of the cost of
the plan.  Authorizes the commission to specify the manner in which the
premiums are to be paid, if cost-sharing provisions imposed under
Subsection (a) include requirements that enrollees pay a portion of the
plan premium.  Authorizes the commission to require that the premium be
paid to TDH, DHS, or the child health plan provider. 

Sec. 62.154. CROWD OUT.  Provides that, to the extent permitted under Title
XXI of the Social Security Act, as amended, and any other applicable law or
regulations, the plan may include waiting periods, copayments, and other
provisions to discourage certain acts. Provides that a child is not subject
to a waiting period adopted under Subsection (a) if certain criteria apply.
Authorizes a child described by Subsection (b) to enroll in the child
health plan program at any time, without regard to any open enrollment
period established under the enrollment procedures. Requires the waiting
period required by Subsection (a) to meet certain criteria.  

Sec. 62.155. HEALTH PLAN PROVIDERS.  Requires the commission or TDH, at the
direction of and in consultation with the commission, to select the plan
providers under the program through open enrollment or a competitive bid
process.  Requires a plan provider to meet certain requirements.
Authorizes the commissioner to make exceptions if there is only one
acceptable applicant as a provider in a metropolitan area. 

Sec. 62.156. HEALTH CARE PROVIDERS. Requires health care providers who
provide health care services under the child health plan to satisfy
certification and license requirements, as required by the commission,
consistent with law.  

CHAPTER 63. HEALTH BENEFITS PLAN FOR CERTAIN CHILDREN

 Sec. 63.001. DEFINITION. Defines "commission."

Sec. 63.002. NOT AN ENTITLEMENT. Provides that this chapter does not
establish an entitlement to assistance in obtaining health benefits for a
child. 

Sec. 63.003. HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN CHILDREN. Sets forth
a health benefits plan coverage for certain children. 

Sec. 63.004. BENEFITS COVERAGE REQUIRED. Requires the program required by
Section 63.003 to provide benefits comparable to the benefits provided
under the child health plan program under Chapter 62, to the extent
possible.  
 
Sec. 63.005. HEALTH BENEFITS PLAN PROVIDER. Requires a health benefit plan
provider to take certain action. Provides that a health benefits plan
provider under this chapter is not subject to a law that requires coverage
or the offer of coverage of a health care service or benefit. 

Sec. 63.006. COST-SHARING PAYMENTS. Sets forth provisions for cost sharing
payments.  

Sec. 63.007. DISALLOWANCE OF MATCHING FUNDS FROM FEDERAL GOVERNMENT.
Prohibits expenditures made to provide health benefits plan coverage under
this section from being included for the purpose of determining the state
children's health insurance expenditures, as that term is defined by 42
U.S.C. Section 1397ee(d) (2) (B), as amended. 

SECTION 2. Amends Chapter 109, Health and Safety Code, by adding Subchapter
F, as follows: 
SUBCHAPTER F. STATE CHILD HEALTH PLAN
Sec. 109.201. DEFINITIONS.  Defines "commission" and "state child health
plan." 
Sec. 109.202. CHILD HEALTH PLAN COVERAGE.  Authorizes the commission to use
appropriate funds, in accordance with the General Appropriations Act, to
purchase coverage under the state child health plan and to contract with
the Texas Healthy Kids Corporation (corporation) for other services under
this subchapter.  Requires the state plan coverage offered under this
subchapter to be approved by the commission.  Requires the commission to
ensure that coverage provided under this subchapter complies with Chapter
62. 

Sec. 109.203. ELIGIBILITY.  Provides that, notwithstanding any other
provision of this chapter or the eligibility criteria established under
Section 109.061, an individual who is eligible for coverage under the state
plan, as determined by the commission, is eligible for coverage provided
through the corporation under this subchapter. 

Sec. 109.204. COMMUNITY OUTREACH; ELIGIBILITY SCREENING.  Authorizes the
corporation, under direction of the commission, in connection with offering
a plan under this subchapter, to take certain action.  Requires the
eligibility screening and enrollment procedures used by the corporation to
comply with Chapter 62. 

Sec. 109.205. COMPETITIVE PROCUREMENT. Requires the corporation to use a
competitive procurement process, satisfactory to the commission, to ensure
that the state receives the best value with respect to certain items, if
the corporation is selected to offer state child health plan coverage under
this subchapter and subsequently as required by the commission procurement
process.  

Sec. 109.206. REPORTING AND ACCOUNTABILITY.  Requires the corporation to
report to the commission as required by the commission or the agency
designate under Section 62.055(c) with respect to coverage and services
under this subchapter. 

SECTION 3. Amends Section 4, Article 3.51-6, Insurance Code, as follows:

Sec. 4. EXEMPTIONS.  Prohibits the provisions of this article from being
applicable to any policy or contract of insurance with a state agency,
department, or board providing health services to eligible persons under
Chapter 32, Human Resources Code, or in accordance with 42 U.S.C. Sections
1396-1396g, or 42 U.S.C. Section 1397aa et seq., as amended, under a state
plan.  Makes standard recodification and conforming changes. 

SECTION 4. Requires the Health and Human Service Commission, by September
1, 1999, to develop the plan and a plan amendment. 

SECTION 5. Requires the commission to ensure that, consistent with federal
law and Chapter 62, Health and Human Services Code, as added by this Act,
the aggregate amount of general revenue  spent for the administration
during the first 24 months of operation of the child health plan program is
matched with federal funds, notwithstanding Section 62.051(f). 

SECTION 6. Provides that if the Health and Human Services Commission
determines that a waiver of authorization from a federal agency is
necessary for implementation of that provision, the commission shall
request the waiver or authorization and may delay implementing that
provision until the waiver of authorization is granted. 

SECTION 7. Requires money from the tobacco settlement to be used to fund
the child health plan program established by this state under Title XXI of
the Social Security Act, as amended. 

SECTION 8. Requires certain standing committees of the legislature to take
certain action. 

SECTION 9. Requires the commission to establish and implement the health
plan coverage programs required by Chapter 63, Health and Safety Code, as
added by this Act, not later than September 1, 2000. Authorize the
commission to delay implementation of the health benefits plan coverage
program until a plan amendment relating to the child health plan under 42
U.S.C. Section 1397ff, as amended, is approved. 

SECTION 10. Requires the state to provide coverage under the state Medicaid
program or under a program established under Title XXI of the Social
Security Ac, to a child described by Section 63.003, Health and Safety
Code, as added by this Act, if the federal government  authorizes the state
to provide that coverage. Requires the commission or any other agency to
comply with any prerequisites under the federal law in providing the
coverage.  

SECTION 11.Emergency clause.
  Effective date: upon passage.