1-1     By:  Isett (Senate Sponsor - Nelson)                  H.B. No. 3038
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the employment of Medicaid recipients and to the
 1-9     enrollment of Medicaid recipients and state child health plan
1-10     enrollees in certain group health benefit plans.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Subchapter B, Chapter 62, Health and Safety Code,
1-13     is amended by adding Section 62.059 to read as follows:
1-14           Sec. 62.059.  HEALTH INSURANCE PREMIUM PAYMENT REIMBURSEMENT
1-15     PROGRAM FOR CHILDREN ELIGIBLE FOR CHILD HEALTH PLAN. (a)  In this
1-16     section, "group health benefit plan" has the meaning assigned by
1-17     Article 21.52K, Insurance Code.
1-18           (b)  Under the direction of the commission, the Texas
1-19     Department of Health shall identify children, otherwise eligible to
1-20     enroll in the state child health plan under this chapter, who are
1-21     eligible to enroll in a group health benefit plan.
1-22           (c)  For a child identified under Subsection (b), the
1-23     department shall determine whether it is cost-effective to enroll
1-24     the child in the group health benefit plan under this section.
1-25           (d)  If the department determines that it is cost-effective
1-26     to enroll the child in the group health benefit plan, the
1-27     department shall:
1-28                 (1)  require the child to apply to enroll in the group
1-29     health benefit plan as a condition for eligibility under this
1-30     chapter; and
1-31                 (2)  provide written notice to the issuer of the group
1-32     health benefit plan in accordance with Article 21.52K, Insurance
1-33     Code.
1-34           (e)  The department shall provide for payment of the
1-35     employee's share of required premiums for coverage of a child
1-36     enrolled in the group health benefit plan.
1-37           (f)  In addition to any amount paid under Subsection (e), the
1-38     department may provide for the payment of a group health benefit
1-39     plan premium for the child's parent or for an individual who is a
1-40     member of the child's family if:
1-41                 (1)  the child is not eligible to be enrolled in the
1-42     group health benefit plan unless the other individual is also
1-43     enrolled in the plan; and
1-44                 (2)  the department determines it to be cost-effective.
1-45           (g)  The department may not provide for the payment of any
1-46     deductible, copayment, coinsurance, or other cost-sharing
1-47     obligation for the child or another individual enrolled in a group
1-48     health benefit plan under Subsection (f).
1-49           (h)  Enrollment of a child in a group health benefit plan
1-50     under this chapter does not affect the child's eligibility for
1-51     benefits under this chapter, except that the program is the payor
1-52     of last resort for those benefits.
1-53           (i)  The department may consolidate or coordinate the
1-54     administration of the program provided under this section with a
1-55     similar program provided under Section 32.0422, Human Resources
1-56     Code, for individuals eligible for medical assistance under the
1-57     state Medicaid program.
1-58           SECTION 2. Subchapter B, Chapter 32, Human Resources Code, is
1-59     amended by adding Section 32.0422 to read as follows:
1-60           Sec. 32.0422.  HEALTH INSURANCE PREMIUM PAYMENT REIMBURSEMENT
1-61     PROGRAM FOR MEDICAL ASSISTANCE RECIPIENTS. (a)  In this section:
1-62                 (1)  "Department" means the Texas Department of Health.
1-63                 (2)  "Group health benefit plan" has the meaning
1-64     assigned by Article 21.52K, Insurance Code.
 2-1           (b)  The department shall identify individuals, otherwise
 2-2     entitled to medical assistance, who are eligible to enroll in a
 2-3     group health benefit plan.  The department must include individuals
 2-4     eligible for or receiving health care services under a Medicaid
 2-5     managed care delivery system.
 2-6           (c)  The department shall require an individual requesting
 2-7     medical assistance to provide information as necessary relating to
 2-8     the availability of a group health benefit plan to the individual
 2-9     through an employer of the individual or an employer of the
2-10     individual's spouse or parent.
2-11           (d)  For an individual identified under Subsection (b), the
2-12     department shall determine whether it is cost-effective to enroll
2-13     the individual in the group health benefit plan under this section.
2-14           (e)  If the department determines that it is cost-effective
2-15     to enroll the individual in the group health benefit plan, the
2-16     department shall:
2-17                 (1)  require the individual to apply to enroll in the
2-18     group health benefit plan as a condition for eligibility under the
2-19     medical assistance program; and
2-20                 (2)  provide written notice to the issuer of the group
2-21     health benefit plan in accordance with Article 21.52K, Insurance
2-22     Code.
2-23           (f)  The department shall provide for payment of:
2-24                 (1)  the employee's share of required premiums for
2-25     coverage of an individual enrolled in the group health benefit
2-26     plan; and
2-27                 (2)  any deductible, copayment, coinsurance, or other
2-28     cost-sharing obligation imposed on the enrolled individual for an
2-29     item or service otherwise covered under the medical assistance
2-30     program.
2-31           (g)  A payment made by the department under Subsection (f) is
2-32     considered to be a payment for medical assistance.
2-33           (h)  A payment of a premium for an individual who is a member
2-34     of the family of an individual enrolled in a group health benefit
2-35     plan under this section and who is not eligible for medical
2-36     assistance is considered to be a payment for medical assistance for
2-37     an eligible individual if:
2-38                 (1)  enrollment of the family members who are eligible
2-39     for medical assistance is not possible under the plan without also
2-40     enrolling members who are not eligible; and
2-41                 (2)  the department determines it to be cost-effective.
2-42           (i)  A payment of any deductible, copayment, coinsurance, or
2-43     other cost-sharing obligation of a family member who is enrolled in
2-44     a group health benefit plan in accordance with Subsection (h) and
2-45     who is not eligible for medical assistance:
2-46                 (1)  may not be paid under this chapter; and
2-47                 (2)  is not considered to be a payment for medical
2-48     assistance for an eligible individual.
2-49           (j)  The department shall treat coverage under the group
2-50     health benefit plan as a third party liability to the program.
2-51     Enrollment of an individual in a group health benefit plan under
2-52     this section does not affect the individual's eligibility for
2-53     medical assistance benefits, except that the state is entitled to
2-54     payment under Sections 32.033 and 32.038.
2-55           (k)  The department may not require or permit an individual
2-56     who is enrolled in a group health benefit plan under this section
2-57     to participate in the Medicaid managed care program under Chapter
2-58     533, Government Code, or a Medicaid managed care demonstration
2-59     project under Section 32.041.
2-60           (l)  The Texas Department of Human Services shall provide
2-61     information and otherwise cooperate with the department as
2-62     necessary to ensure the enrollment of eligible individuals in the
2-63     group health benefit plan under this section.
2-64           (m)  The department may consolidate or coordinate the
2-65     administration of the program provided under this section with a
2-66     similar program provided under Section 62.059, Health and Safety
2-67     Code, for children eligible for the state child health plan.
2-68           (n)  The department shall adopt rules as necessary to
2-69     implement this section.
 3-1           SECTION 3. Subchapter E, Chapter 21, Insurance Code, is
 3-2     amended by adding Article 21.52K to read as follows:
 3-3           Art. 21.52K.  ENROLLMENT OF MEDICAL ASSISTANCE RECIPIENTS AND
 3-4     CHILDREN ELIGIBLE FOR STATE CHILD HEALTH PLAN
 3-5           Sec. 1.  DEFINITION OF GROUP HEALTH BENEFIT PLAN. (a)  In
 3-6     this article, "group health benefit plan" means a plan that
 3-7     provides benefits for medical or surgical expenses incurred as a
 3-8     result of a health condition, accident, or sickness, including a
 3-9     group, blanket, or franchise insurance policy or insurance
3-10     agreement, a group hospital service contract, or a group evidence
3-11     of coverage or similar group coverage document that is offered by:
3-12                 (1)  an insurance company;
3-13                 (2)  a group hospital service corporation operating
3-14     under Chapter 20 of this code;
3-15                 (3)  a fraternal benefit society operating under
3-16     Chapter 10 of this code;
3-17                 (4)  a stipulated premium insurance company operating
3-18     under Chapter 22 of this code;
3-19                 (5)  a reciprocal exchange operating under Chapter 19
3-20     of this code;
3-21                 (6)  a health maintenance organization operating under
3-22     the Texas Health Maintenance Organization Act (Chapter 20A,
3-23     Vernon's Texas Insurance Code);
3-24                 (7)  a multiple employer welfare arrangement that holds
3-25     a certificate of authority under Article 3.95-2 of this code; or
3-26                 (8)  an approved nonprofit health corporation that
3-27     holds a certificate of authority under Article 21.52F of this code.
3-28           (b)  The term "group health benefit plan" includes:
3-29                 (1)  a small employer health benefit plan written under
3-30     Chapter 26 of this code; and
3-31                 (2)  a plan provided under the Texas Employees Uniform
3-32     Group Insurance Benefits Act (Article 3.50-2, Vernon's Texas
3-33     Insurance Code), the Texas State College and University Employees
3-34     Uniform Insurance Benefits Act (Article 3.50-3, Vernon's Texas
3-35     Insurance Code), the Texas Public School Employees Group Insurance
3-36     Act (Article 3.50-4, Vernon's Texas Insurance Code), or a successor
3-37     of any of those plans.
3-38           Sec. 2.  ENROLLMENT REQUIRED. (a)  The issuer of a group
3-39     health benefit plan, on receipt of written notice from the Texas
3-40     Department of Health or a designee of the Texas Department of
3-41     Health that states that an individual who is otherwise eligible for
3-42     enrollment in the plan is a recipient of medical assistance under
3-43     the state Medicaid program and is a participant in the health
3-44     insurance premium payment reimbursement program for medical
3-45     assistance recipients under Section 32.044, Human Resources Code,
3-46     shall permit the individual to enroll in the plan without regard to
3-47     any enrollment period restriction.
3-48           (b)  The issuer of a group health benefit plan, on receipt of
3-49     written notice from the Texas Department of Health or a designee of
3-50     the Texas Department of Health that states that a child who is
3-51     otherwise eligible for enrollment in the plan is enrolled in the
3-52     state child health plan under Chapter 62, Health and Safety Code,
3-53     and is a participant in the health insurance premium payment
3-54     reimbursement program under Section 62.059, Health and Safety Code,
3-55     provided for children eligible for the state child health plan
3-56     shall permit the child to enroll in the group health benefit plan
3-57     without regard to any enrollment period restriction.
3-58           (c)  If an individual described by Subsection (a) or (b) of
3-59     this section is not eligible to enroll in the plan unless a family
3-60     member of the individual is also enrolled in the plan, the issuer,
3-61     on receipt of the written notice under Subsection (a) or (b) of
3-62     this section, shall enroll both the individual and the family
3-63     member in the plan.
3-64           (d)  Unless enrollment occurs during an established
3-65     enrollment period, enrollment under this article takes effect on
3-66     the first day of the calendar month that begins at least 30 days
3-67     after the date written notice is received by the issuer under
3-68     Subsection (a) or (b) of this section.
3-69           (e)  Notwithstanding any other requirement of the group
 4-1     health benefit plan, the issuer of the plan shall permit an
 4-2     individual who is enrolled in a group health benefit plan under
 4-3     Subsection (a) of this section, and any family member of the
 4-4     individual enrolled under Subsection (c) of this section, to
 4-5     terminate enrollment in the plan not later than the 60th day after
 4-6     the date on which the individual provides satisfactory proof to the
 4-7     issuer that the individual is no longer:
 4-8                 (1)  a recipient of medical assistance under the state
 4-9     Medicaid program; or
4-10                 (2)  a participant in the health insurance premium
4-11     payment program for medical assistance recipients under Section
4-12     32.0422, Human Resources Code.
4-13           (f)  Notwithstanding any other requirement of the group
4-14     health benefit plan, the issuer of the plan shall permit an
4-15     individual who is enrolled in a group health benefit plan under
4-16     Subsection (b) of this section, and any family member of the
4-17     individual enrolled under Subsection (c) of this section, to
4-18     terminate enrollment in the plan not later than the 60th day after
4-19     the date on which the individual provides satisfactory proof to the
4-20     issuer that the child is no longer a participant in the health
4-21     insurance premium payment program under Section 62.059, Health and
4-22     Safety Code, provided for children eligible for the state child
4-23     health plan.
4-24           SECTION 4. Section 301.104, Labor Code, is amended to read as
4-25     follows:
4-26           Sec. 301.104.  ELIGIBILITY. A person is eligible for the
4-27     refund for wages paid or incurred by the person, during each
4-28     calendar year for which the refund is claimed, only if:
4-29                 (1)  the wages paid or incurred by the person are for
4-30     services of an employee who is:
4-31                       (A)  a resident of this state; and
4-32                       (B)  a recipient of:
4-33                             (i)  financial assistance and services in
4-34     accordance with Chapter 31, Human Resources Code; or
4-35                             (ii)  medical assistance in accordance with
4-36     Chapter 32, Human Resources Code;
4-37                 (2)  the person satisfies the certification
4-38     requirements under Section 301.105; and
4-39                 (3)  the person provides and pays for the benefit of
4-40     the employee a part of the cost of coverage under:
4-41                       (A)  a health plan provided by a health
4-42     maintenance organization established under the Texas Health
4-43     Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
4-44     Code);
4-45                       (B)  a health benefit plan approved by the
4-46     commissioner of insurance; [or]
4-47                       (C)  a self-funded or self-insured employee
4-48     welfare benefit plan that provides health benefits and is
4-49     established in accordance with the Employee Retirement Income
4-50     Security Act of 1974 (29 U.S.C. 1001 et seq.); or
4-51                       (D)  a medical savings account authorized under
4-52     the Health Insurance Portability and Accountability Act of 1996 (26
4-53     U.S.C. Section 220).
4-54           SECTION 5.  (a)  The Texas Department of Health shall study:
4-55                 (1)  various options for increasing enrollment in a
4-56     group health benefit plan under Section 32.0422, Human Resources
4-57     Code, as added by this Act; and
4-58                 (2)  the feasibility of implementing an income-based
4-59     sliding scale requiring payment of a portion of the plan premium
4-60     from a person who:
4-61                       (A)  is receiving transitional medical assistance
4-62     under Section 32.0255, Human Resources Code;
4-63                       (B)  is employed; and
4-64                       (C)  is eligible for and enrolled in a group
4-65     health benefit plan described by Subdivision (1) of this section.
4-66           (b)  Not later than December 1, 2002, the Texas Department of
4-67     Health shall report its conclusions and recommendations regarding
4-68     the study conducted under Subsection (a) of this section to the
4-69     governor, lieutenant governor, speaker of the house of
 5-1     representatives, and presiding officer of each standing committee
 5-2     of the senate and house of representatives having jurisdiction over
 5-3     health and human services issues.
 5-4           SECTION 6. A person may claim a refund under Section 301.104,
 5-5     Labor Code, as amended by this Act, only for wages paid or incurred
 5-6     on or after the effective date of this Act.
 5-7           SECTION 7. If before implementing any provision of this Act a
 5-8     state agency determines that a waiver or authorization from a
 5-9     federal agency is necessary for implementation, the state agency
5-10     shall request the waiver or authorization and may delay
5-11     implementing that provision until the waiver or authorization is
5-12     granted.
5-13           SECTION 8.  (a)  The Health and Human Services Commission
5-14     shall, not later than September 15, 2001, submit for approval a
5-15     plan amendment relating to the state child health plan under 42
5-16     U.S.C. Section 1397ff, as amended, as necessary to comply with the
5-17     change in law made by this Act.
5-18           (b)  The Health and Human Services Commission may delay,
5-19     until approval of the amended state child health plan,
5-20     implementation of the health insurance premium payment
5-21     reimbursement program under Section 62.059, Health and Safety Code,
5-22     as added by this Act.
5-23           SECTION 9. (a)  Except as provided by Subsection (b) of this
5-24     section, this Act takes effect September 1, 2001.
5-25           (b)  The changes in law made by Sections 1, 2, and 3 of this
5-26     Act take effect August 31, 2001, and apply only to a group health
5-27     benefit plan that is delivered, issued for delivery, or renewed on
5-28     or after that date.  A group health benefit plan that is delivered,
5-29     issued for delivery, or renewed before August 31, 2001,  is
5-30     governed by the law as it existed immediately before that date, and
5-31     that law is continued in effect for that purpose.
5-32                                  * * * * *