By Coleman H.B. No. 1696
76R5898 AJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a child health plan for certain low-income children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle C, Title 2, Health and Safety Code, is
1-5 amended by adding Chapter 62 to read as follows:
1-6 CHAPTER 62. CHILD HEALTH PLAN FOR CERTAIN LOW-INCOME CHILDREN
1-7 Sec. 62.001. DEFINITION. In this chapter, "commission"
1-8 means the Health and Human Services Commission.
1-9 Sec. 62.002. DUTIES OF COMMISSION. (a) The commission shall
1-10 develop a state-designed child health plan program to obtain health
1-11 benefits coverage for children in low-income families. The
1-12 commission shall ensure that the child health plan program is
1-13 designed and administered in a manner that qualifies for federal
1-14 funding under Title XXI of the Social Security Act (42 U.S.C.
1-15 Section 1397aa et seq.), as amended, and any other applicable law
1-16 or regulations.
1-17 (b) To the extent possible, the commission shall ensure that
1-18 the program is operated using the same resources that are used to
1-19 administer the state Medicaid program.
1-20 (c) The commission shall establish eligibility requirements
1-21 to receive health benefits coverage under the child health plan
1-22 that:
1-23 (1) include an income eligibility level not lower than
1-24 200 percent of the federal poverty level based on the federal
2-1 Office of Management and Budget poverty index, unless a lower level
2-2 is required under the applicable federal law or regulations;
2-3 (2) are consistent with Title XXI of the Social
2-4 Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and
2-5 any other applicable law or regulations; and
2-6 (3) are established subject to the availability of
2-7 appropriated money.
2-8 Sec. 62.003. RULES. The commission may adopt rules as
2-9 necessary to implement this chapter.
2-10 Sec. 62.004. APPLICATION OF INSURANCE LAW TO STATE CHILD
2-11 HEALTH PLAN. To provide the flexibility necessary to satisfy the
2-12 requirements of Title XXI of the Social Security Act (42 U.S.C.
2-13 Section 1397aa et seq.), as amended, and any other applicable law
2-14 or regulations, the child health plan is not subject to a law that
2-15 requires:
2-16 (1) coverage or the offer of coverage of a health care
2-17 service or benefit;
2-18 (2) coverage or the offer of coverage for the
2-19 provision of services by a particular health care services
2-20 provider; or
2-21 (3) the use of a particular policy or contract form or
2-22 of particular language in a policy or contract form.
2-23 SECTION 2. Section 4, Article 3.51-6, Insurance Code, is
2-24 amended to read as follows:
2-25 Sec. 4. EXEMPTIONS. The provisions of this article shall
2-26 not be applicable to:
2-27 (1) credit accident and health insurance policies
3-1 subject to Article 3.53 of the Insurance Code, as amended;
3-2 (2) any group specifically provided for or authorized
3-3 by law in existence and covered under a policy filed with the State
3-4 Board of Insurance prior to April 1, 1975;
3-5 (3) accident and health coverages that are incidental
3-6 to any form of group automobile, casualty, property, or workmen's
3-7 compensation--employers' liability policies promulgated or approved
3-8 by the State Board of Insurance;
3-9 (4) any policy or contract of insurance with a state
3-10 agency, department, or board providing health services to [all]
3-11 eligible persons under Chapter 32, Human Resources Code, or in
3-12 accordance with 42 U.S.C. Sections 1396-1396g, as amended, or 42
3-13 U.S.C. Section 1397aa et seq., as amended, [Section 6, The Medical
3-14 Assistance Act of 1967, as amended (Article 695j-1, Vernon's Texas
3-15 Civil Statutes), 343-353 (42 U.S.C.A. 1396-1396g), providing health
3-16 care and services] under a state plan.
3-17 SECTION 3. If, before implementing any provision of Chapter
3-18 62, Health and Safety Code, as added by this Act, the Health and
3-19 Human Services Commission determines that a waiver or authorization
3-20 from a federal agency is necessary for implementation of that
3-21 provision, the commission shall request the waiver or authorization
3-22 and may delay implementing that provision until the waiver or
3-23 authorization is granted.
3-24 SECTION 4. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.