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.