SRC-MWN S.B. 127 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 127
77R1211 PB-DBy: Staples
Education
2/6/2001
As Filed


DIGEST AND PURPOSE 

Currently, the State of Texas does not contribute to the cost of the school
district employee's health insurance. As proposed, S.B. 127 creates a pool
of both active and retired school district employees and requires the state
to contribute 35 percent of the employee's insurance premium cost to those
school districts that participate. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Teacher Retirement System
of Texas in SECTION 6 (Section 7A, Article 3.50-4, Insurance Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 2(2) and (5), Article 3.50-4, Insurance Code, to
redefine "carrier" and "health benefit plan" or "plan."  

SECTION 2. Amends Section 3(a), Article 3.50-4, Insurance Code, to
establish the Texas Public School Employees Group Insurance Program to
provide for a health benefit plan or plans, rather than insurance plan,
under this article and is authorized to provide other insurance coverages
as provided by this article. 

SECTION 3. Amends Section 5(a), Article 3.50-4, Insurance Code, to
authorize the Teacher Retirement System of Texas (trustee) to adopt rules,
plans, procedures, and orders reasonably necessary to implement this
article, including establishment of minimum benefit and financing standards
for group health benefits coverage and other coverage to be provided to all
retirees, active employees, dependents, surviving spouses, and surviving
dependent children; adoption of a timetable for the development of minimum
benefit and financial standards for group coverage, establishment of group
health benefit plans and other insurance plans, and the taking of bids for
and awarding of contracts for group health benefits plans and other
insurance plans; and contracting with an independent and experienced group
insurance consultant or actuary, who does not receive commissions from any
carrier, for  advice and counsel in implementing and administering this
program. Makes conforming and nonsubstantive changes. 

SECTION 4. Amends Section 6, Article 3.50-4, Insurance Code, by amending
Subsections (a), (c), and (f) and adding Subsection (h), to create a Health
Benefit Advisory Committee, rather than Retirees Advisory Committee,
composed of nine members appointed by the trustee. Requires the committee
to hold public hearings on group health and other insurance benefits.
Prohibits a person from being eligible for appointment as a member of the
advisory committee if the person is required to register under Chapter 305
(Registration of Lobbyists), Government Code, rather than registering with
the secretary of state under Article 6252-9c (Repealed), V.T.C.S. Provides
that the advisory committee is not subject to Section 2110.008 (Duration of
Advisory Committees), Government Code. 

SECTION 5.  Amends Section 7, Article 3.50-4, Insurance Code, as follows:

 Sec. 7. New heading: PARTICIPATION BY RETIREE.

 SECTION 6. Amends Section 7A, Article 3.50-4, Insurance Code, to prohibit
a district from offering an alternative health benefit plan to its active
employees during the period of its participation in the program. Deletes
text regarding underwriting principles. Provides that a district is not
eligible to receive state contributions for the funding of a group benefit
plan for district employees if it elects not to participate in the program.
Requires the trustee by rule to establish, rather than provide, minimum
benefit standards for the program; other participation requirements for
school districts as determined by the trustee to be necessary for the
operation of the program, including restrictions on the ability of a school
district to begin or discontinue participation, which is authorized to
include a minimum period of participation and limited periods for elections
to begin or discontinue participation, administrative fees to be paid by
participating school districts to cover the trustee's administrative costs
in administering, rather than extending, the program. Deletes text
regarding active employees. Requires the trustee to provide basic group
health benefits coverage for each active employee and authorizes the
trustee to provide optional group coverages for active employees
participating in the program. Requires the coverages to be equivalent to
the coverages provided for state employees by the Employees Retirement
System of Texas under the Texas Employees Uniform Group Insurance Benefits
Act (Article 3.50-2, V.T.I.C.) and authorizes coverages to be combined with
or similar to, but separate from, coverages provided to retirees. Requires
the trustee by rule to define the requirements of the basic coverage.
Deletes text regarding sum of premiums and administrative fees. Requires
each active employee of a participating school district to participate in
the basic coverage unless the employee specifically waives participation in
writing.  Requires each participating school district to contribute for
each district employee covered by the program an amount not to exceed 65
percent, rather than equal to not less than 75 percent, of the cost for the
employee only of the plans of group coverages authorized by the trustee for
active employees, and  authorizes school districts to contribute additional
amounts for the cost of optional or dependent coverages selected by the
employee. Sets forth that not later than September 1 of each year, the
district is required to certify to the trustee the amount the district will
contribute monthly toward the cost of coverage. Requires each active
employee covered by the program to pay, through a deduction from the
employee's compensation, that portion of the cost of employee-only coverage
and optional coverage or dependent coverage selected by the employee that
exceeds the amount of contributions for those coverages paid by the state
and the employing school district. Requires the trustee to pay, from the
fund, rather than deposit in the fund, the administrative costs incurred in
extending the program to active employees and authorizes the trustee to use
for that purpose any unexpended balance of the fees collected under Section
44(d), Chapter 812, Acts of the 73rd Legislature, 1993. Deletes text
regarding portion used to conduct the survey required by Section 44.
Deletes text regarding that collection of fees through the 1996-1997 school
year. Requires the state, for each active employee covered by the program,
to contribute in the manner provided by Section 16 of this article an
amount equal to 35 percent of the cost for employee-only coverage under the
plan of basic coverage authorized by the trustee for active employees.
Authorizes the state to also make contributions to the fund in addition to
those required by Section 16(b) of this article for the purpose of
assisting in the expansion of the program to active employees. Deletes text
regarding enrollment in the program for active employees.  

SECTION 7. Amends Sections 8(e) and (h), Article 3.50-4, Insurance Code, to
authorize the trustee to contract for and make available to all active
employees optional group health benefit plans in addition to the basic
plans. Authorizes the trustee to utilize a portion of the funds received
for the Texas Public School Employees Group Insurance Program to offset
some portion of costs paid by the retiree or active employee for optional
coverage if such utilization does not reduce the period the program is
projected to remain financially solvent by more than one year in a
biennium. Requires any additional contributions for these optional plans to
be paid for by the retiree, active employee, surviving spouse, or surviving
dependent children. Makes conforming and nonsubstantive changes. 

SECTION 8. Amends Section 9, Article 3.50-4, Insurance Code, to require
each insurance carrier at such times, or upon such events, as designated by
the trustee, to issue to each retiree, active employee, surviving spouse,
or surviving dependent child covered, rather than insured, under this
article a certificate of benefits, rather than insurance, that summarizes
the provisions of the health benefit plan or other plan principally
affecting the person.  

SECTION 9. Amends Sections 10(a) and (b), Article 3.50-4, Insurance Code,
to require the trustee to  make a written report to the commissioner,
rather than the State Board of Insurance, concerning the coverages provided
and the benefits and services being received by persons covered, rather
than insured, under this article not later than the 180th after the end of
each state fiscal year. Makes nonsubstantive changes. 

SECTION 10. Amends Section 13, Article 3.50-4, Insurance Code, to make a
conforming change. 

SECTION 11. Amends Section 15(a), Article 3.50-4, Insurance Code, to
require that all contributions from school districts are to be paid into
the fund. 

SECTION 12. Amends Sections 16(a)-(c), (f)-(i), Article 3.50-4, Insurance
Code, to require the state to contribute as the state's contribution for
coverage for retirees to the fund each fiscal year in an amount equal to
.50 percent of the salary of each active employee. Requires the trustee to
certify, for information and review, to the Legislative Budget Board and
the budget division of the governor's office the amounts necessary to pay
the contributions of the state to the fund for the basic group health
benefit plans for active employees and retirees under this article, before
the first day of November preceding each regular session of the
legislature. Requires contributions allocated and appropriated under this
article, rather than section, to be paid from the General Revenue Fund in
equal monthly installments, based on the annual estimate certified by the
trustee to the comptroller of public accounts for that year, and subject to
any express limitations specified in the Act making the appropriation.
Requires an employing district that fails to remit, before the 11th day
after the last day of the month, all deposits, rather than member deposits,
required by this article to be remitted by the district for the month to
pay to the fund, rather than Texas public school retired employees group
insurance fund, in addition to the deposits, interest on the unpaid amounts
at the annual rate of six percent compounded monthly. Deletes text
regarding state fiscal years beginning September 1, 1985 and September 1,
1990. Makes conforming and nonsubstantive changes. 

SECTION 13. Amends Section 17(a), Article 3.50-4, Insurance Code, to
require the trustee to study the operation and administration of this
article, including surveys and reports on financing group insurance
coverages and health benefit plans available to active employees and
retirees, and the experience and projected cost of coverage and benefits.
Makes a nonsubstantive change. 

SECTION 14. Amends Section 19, Article 3.50-4, Insurance Code, to require
the commissioner, rather than the State Board of Insurance, as requested by
the trustee, to assist the trustee in carrying out this article. 

SECTION 15. Amends Section 22.004, Education Code, as follows:

 Sec. 22.004. GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES. Authorizes each
district to participate in the group health benefits program provided under
Article 3.50-4, Insurance Code. Requires a district that does not elect to
participate in the program described by Subsection (a) to make available to
its employees group health coverage provided by a risk pool established  by
one or more school districts under Chapter 172 (Texas Political
Subdivisions Uniform Group Benefits Program), Local Government Code, or
under a policy of insurance on group contract issued by an insurer, a
company subject to Chapter 20 (Group Hospital Service), Insurance Code, or
a health maintenance organization under the Texas Health Maintenance
Organization Act (THMOA) (Chapter 20A, V.T.I.C.). Requires the cost of the
coverage provided under the program described by Subsection (a) to be paid
by the state, the district, and the employees in the manner provided by
Section 7A, Article 3.50-4, Insurance Code. Requires, rather than
authorizes, the cost of the coverage provided under a plan adopted under
Subsection (b) to be shared by the employees and the district without
contributions by the state. Requires each district to report the district's
compliance with this section, rather than subsection, to the trustee's
executive director by a certain date. Provides that for a district that
does not elect to participate in the program described by Subsection (a),
the report must be based on the district group health coverage plan in
effect during the current plan year. Provides that for each district that
does not elect to participate in the program described by Subsection (a),
and based on the criteria prescribed by Subsection (b), rather than
Subsection (a), the executive director of the Teacher Retirement System of
Texas is required to certify whether a  district's coverage is comparable
to the basic health coverage provided under the Texas Employees Uniform
Group Insurance Benefits Act (Article 3.50-2, V.T.I.C.). Prohibits a school
district that does not elect to participate in the program described by
Subsection (a) from contracting with an insurer, a company subject to
Chapter 20, Insurance Code, or a health maintenance organization to issue a
policy or contract under this section, or with any person to assist the
school district in obtaining or managing the policy or contract unless,
before the contract is entered into, the insurer, company, organization, or
person provides the district with an audited financial statement showing
the financial condition of the insurer, company, organization, or person.
Makes conforming and nonsubstantive changes.  

SECTION 16. Repealer: Section 20 (Effective Date of Coverage), Article
3.50-4, Insurance Code. 
  Repealer: Section 21 (Nonapplicability of Article 3.51), Article 3.50-4,
Insurance Code. 

SECTION 17.Makes application of this Act prospective  beginning with the
2002-2003 school year. 

SECTION 18. Effective date: September 1, 2001.