By Coleman, Chavez                                    H.B. No. 2708
         76R5494 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health benefits plan coverage for certain 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 63 to read as follows:
 1-6       CHAPTER 63.  HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN CHILDREN
 1-7           Sec. 63.001.  HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN
 1-8     CHILDREN.  The department shall develop and implement a program to
 1-9     provide health benefits plan coverage for a child who:
1-10                 (1)  is a qualified alien, as that term is defined by 8
1-11     U.S.C. Section 1641(b);
1-12                 (2)  is younger than 19 years of age;
1-13                 (3)  entered the United States after August 22, 1996;
1-14                 (4)  has resided in the United States for less than
1-15     five years; and
1-16                 (5)  meets the income eligibility requirement of, but
1-17     is not eligible for assistance under:
1-18                       (A)  a program established under Title XXI of the
1-19     Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended;
1-20     or
1-21                       (B)  the medical assistance program under Chapter
1-22     32, Human Resources Code.
1-23           Sec. 63.002.  BENEFITS COVERAGE REQUIRED.  To the extent
1-24     possible, the program required by Section 63.001 must provide
 2-1     benefits comparable to the benefits provided under a program
 2-2     established by this state to implement Title XXI of the Social
 2-3     Security Act (42 U.S.C.  Section 1397aa et seq.), as amended.
 2-4           Sec. 63.003.  HEALTH BENEFITS PLAN PROVIDER.  (a)  A health
 2-5     benefits plan provider under this chapter must:
 2-6                 (1)  hold a certificate of authority or other
 2-7     appropriate license issued by the Texas Department of Insurance
 2-8     that authorizes the health benefits plan provider to provide the
 2-9     type of coverage to be offered through the program required by
2-10     Section 63.001; and
2-11                 (2)  satisfy, except as provided by Subsection (b), any
2-12     other applicable requirement of the Insurance Code or another
2-13     insurance law of this state.
2-14           (b)  Except as required by the department, a health benefits
2-15     plan provider under this chapter is not subject to a law that
2-16     requires coverage or the offer of coverage of a health care service
2-17     or benefit.
2-18           Sec. 63.004.  COST-SHARING PAYMENTS.  (a)  Except as provided
2-19     by Subsection (b), the department may not require a child who is
2-20     provided health benefits plan coverage under Section 63.001 and who
2-21     meets the income eligibility requirement of the medical assistance
2-22     program under Chapter 32, Human Resources Code, to pay a premium,
2-23     deductible, coinsurance, or other cost-sharing payment as a
2-24     condition of health benefits plan coverage under this chapter.
2-25           (b)  The department may require a child described by
2-26     Subsection (a)  to pay a co-payment as a condition of health
2-27     benefits plan coverage under this chapter that is equal to any
 3-1     co-payment required under a program established by this state to
 3-2     implement Title XXI of the Social Security Act (42 U.S.C.  Section
 3-3     1397aa et seq.), as amended.
 3-4           (c)  The department may require a child who is provided
 3-5     health benefits plan coverage under Section 63.001 and who meets
 3-6     the income eligibility requirement of a program established under
 3-7     Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et
 3-8     seq.), as amended, to pay a premium, deductible, coinsurance, or
 3-9     other cost-sharing payment as a condition of health benefits plan
3-10     coverage under this chapter.  The payment must be equal to any
3-11     premium, deductible, coinsurance, or other cost-sharing payment
3-12     required under a program established by this state to implement
3-13     Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et
3-14     seq.), as amended.
3-15           Sec. 63.005.  DISALLOWANCE OF MATCHING FUNDS FROM FEDERAL
3-16     GOVERNMENT.  Expenditures made to provide health benefits plan
3-17     coverage under this section may not be included for the purpose of
3-18     determining the state children's health insurance expenditures, as
3-19     that term is defined by 42 U.S.C. Section 1397ee(d)(2)(B), as
3-20     amended.
3-21           SECTION 2.  This Act takes effect September 1, 1999.
3-22           SECTION 3.  Not later than September 1, 2000, the Texas Board
3-23     of Health shall establish and implement the health benefits plan
3-24     coverage program required by Chapter 63, Health and Safety Code, as
3-25     added by this Act.
3-26           SECTION 4.  The state shall provide coverage under the state
3-27     Medicaid program or under a program established under Title XXI of
 4-1     the Social Security Act (42 U.S.C. Section 1397aa et seq.), as
 4-2     amended, to a child described by Section 63.001, Health and Safety
 4-3     Code, as added by this Act, if the federal government authorizes
 4-4     the state to provide that coverage.  The Health and Human Services
 4-5     Commission or any other appropriate agency shall comply with any
 4-6     prerequisites under the federal law to providing the coverage.
 4-7           SECTION 5.  The importance of this legislation and the
 4-8     crowded condition of the calendars in both houses create an
 4-9     emergency and an imperative public necessity that the
4-10     constitutional rule requiring bills to be read on three several
4-11     days in each house be suspended, and this rule is hereby suspended.