By Averitt                                            H.B. No. 1487
         76R4993 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a state child health plan for certain low-income
 1-3     children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 531, Government Code, is
 1-6     amended by adding Section 531.076 to read as follows:
 1-7           Sec. 531.076.  IMPLEMENTATION OF STATE CHILD HEALTH PLAN.
 1-8     (a)  In this section, "state child health plan" means a child
 1-9     health plan program to  obtain health benefits coverage for
1-10     low-income children that qualifies for federal funding under Title
1-11     XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.),
1-12     as amended.
1-13           (b)  Notwithstanding any other law, in administering a state
1-14     child health plan, the commission may contract with:
1-15                 (1)  a third party administrator to provide enrollment
1-16     and related services under the state child health plan; or
1-17                 (2)  another entity, including the Texas Healthy Kids
1-18     Corporation under Subchapter F, Chapter 109, Health and Safety
1-19     Code, to obtain health benefit plan coverage for children who are
1-20     eligible for coverage under the state child health plan.
1-21           SECTION 2.  Chapter 109, Health and Safety Code, is amended
1-22     by adding Subchapter F to read as follows:
1-23                   SUBCHAPTER F.  STATE CHILD HEALTH PLAN
1-24           Sec. 109.201.  DEFINITIONS.  In this subchapter:
 2-1                 (1)  "Commission" means the Health and Human Services
 2-2     Commission.
 2-3                 (2)  "State child health plan" means a child health
 2-4     plan program to obtain health benefits coverage for low-income
 2-5     children that qualifies for federal funding under Title XXI of the
 2-6     Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended.
 2-7           Sec. 109.202.  STATE CHILD HEALTH PLAN COVERAGE.  (a)  The
 2-8     commission may use appropriated funds, in accordance with the
 2-9     General Appropriations Act, to purchase coverage under a health
2-10     benefit plan provided through the corporation for children who are
2-11     eligible for coverage under a state child health plan and to
2-12     contract with the corporation for other services under this
2-13     subchapter.
2-14           (b)  State child health plan coverage offered under this
2-15     subchapter must be approved by the commission. The commission shall
2-16     ensure that coverage provided under this subchapter is designed and
2-17     administered in a manner that qualifies for federal funding under
2-18     Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et
2-19     seq.), as amended, and any other applicable law or regulations.
2-20           Sec. 109.203.  ELIGIBILITY.  Notwithstanding any other
2-21     provision of this chapter or the eligibility criteria established
2-22     under Section 109.061, an individual who is eligible for coverage
2-23     under the state child health plan, as determined by the commission,
2-24     is eligible for coverage provided through the corporation under
2-25     this subchapter.
2-26           Sec. 109.204.  COMMUNITY OUTREACH; ELIGIBILITY SCREENING.
2-27     (a)  In connection with offering state child health plan coverage
 3-1     under this subchapter, the corporation, under the direction of the
 3-2     commission, may:
 3-3                 (1)  conduct a community outreach and education program
 3-4     to provide information relating to the availability of health
 3-5     benefits for children through the state child health plan and the
 3-6     corporation; and
 3-7                 (2)  perform eligibility screening and enrollment
 3-8     services.
 3-9           (b)  The eligibility screening and enrollment procedures used
3-10     by the corporation must:
3-11                 (1)  comply with the requirements of 42 U.S.C. Section
3-12     1397bb, as amended, and any other applicable law or regulations;
3-13     and
3-14                 (2)  ensure that Medicaid-eligible children are
3-15     identified and enrolled in the Medicaid program.
3-16           Sec. 109.205.  REPORTING AND ACCOUNTABILITY.  (a)  The
3-17     corporation shall report to the commission as required by the
3-18     commission with respect to coverage and services provided under
3-19     this subchapter.
3-20           (b)  The commission shall establish a procedure to monitor
3-21     the provision of coverage and services under this subchapter.
3-22           SECTION 3.  The importance of this legislation and the
3-23     crowded condition of the calendars in both houses create an
3-24     emergency and an imperative public necessity that the
3-25     constitutional rule requiring bills to be read on three several
3-26     days in each house be suspended, and this rule is hereby suspended,
3-27     and that this Act take effect and be in force from and after its
 4-1     passage, and it is so enacted.