By Bernsen                                             S.B. No. 473
         77R3978 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a statewide group insurance program for active and
 1-3     retired school district employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Sections 2(2) and (5), Article 3.50-4, Insurance
 1-6     Code, are amended to read as follows:
 1-7                 (2)  "Carrier" means:
 1-8                       (A)  an [any] insurance company authorized to do
 1-9     business in this state;
1-10                       (B)  a group [or] hospital service corporation
1-11     operating under Chapter 20 of this code; [authorized by the State
1-12     Board of Insurance to provide any of the insurance coverages,
1-13     benefits,] or
1-14                       (C)  a health maintenance organization regulated
1-15     under the Texas Health Maintenance Organization Act (Chapter 20A,
1-16     Vernon's Texas Insurance Code) [services provided by this article
1-17     under the insurance laws of this state].
1-18                 (5)  "Health benefit plan" or "plan" means a group
1-19     insurance policy, contract, or certificate, medical or hospital
1-20     service agreement, membership or subscription contract, salary
1-21     continuation plan, or similar group arrangement, including coverage
1-22     through a health maintenance organization regulated under the Texas
1-23     Health Maintenance Organization Act (Chapter 20A, Vernon's Texas
1-24     Insurance Code), to provide, pay for, or reimburse expenses for
 2-1     health care services.
 2-2           SECTION 2. Section 3(a), Article 3.50-4, Insurance Code, is
 2-3     amended to read as follows:
 2-4           (a)  The Texas Public School Employees Group Insurance
 2-5     Program is established to provide for a health benefit [an
 2-6     insurance] plan or plans under this article and may provide other
 2-7     insurance coverages as provided by this article.
 2-8           SECTION 3. Section 5(a), Article 3.50-4, Insurance Code, is
 2-9     amended to read as follows:
2-10           (a)  The trustee may adopt rules, plans, procedures, and
2-11     orders reasonably necessary to implement this article, including:
2-12                 (1)  establishment of minimum benefit and financing
2-13     standards for group health benefits [insurance] coverage and other
2-14     coverage to be provided to all retirees, active employees,
2-15     dependents, surviving spouses, and surviving dependent children;
2-16                 (2)  establishment of basic and optional group coverage
2-17     to be provided to retirees, active employees, dependents, surviving
2-18     spouses, and surviving dependent children;
2-19                 (3)  establishment of the procedures for contributions
2-20     and deductions;
2-21                 (4)  establishment of periods for enrollment and
2-22     selection of optional coverage and procedures for enrolling and
2-23     exercising options under the plan;
2-24                 (5)  determination of methods and procedures for claims
2-25     administration;
2-26                 (6)  study of the operation of all [insurance] coverage
2-27     provided under this article;
 3-1                 (7)  administration of the fund;
 3-2                 (8)  adoption of a timetable for the development of
 3-3     minimum benefit and financial standards for group [insurance]
 3-4     coverage, establishment of group health benefit plans and other
 3-5     insurance plans, and the taking of bids for and awarding of
 3-6     contracts for group health benefit plans and other insurance plans;
 3-7     and
 3-8                 (9)  contracting with an independent and experienced
 3-9     group insurance consultant or actuary, who does not receive
3-10     [insurance] commissions from any carrier [insurance company], for
3-11     advice and counsel in implementing and administering this program.
3-12           SECTION 4. Section 6, Article 3.50-4, Insurance Code, is
3-13     amended by amending Subsections (a), (c), and (f) and adding
3-14     Subsection (h) to read as follows:
3-15           (a)  There is created a Health Benefit [Retirees] Advisory
3-16     Committee composed of nine members appointed by the trustee.  One
3-17     member shall be an active school administrator.  One member shall
3-18     be a retired school administrator.  Two members shall be active
3-19     teachers.  Three members shall be retired teachers.  One member
3-20     shall be an active member of the auxiliary personnel of a school
3-21     district.  One member shall be a retired member of the auxiliary
3-22     personnel.
3-23           (c)  The committee shall:
3-24                 (1)  hold public hearings on group health benefits
3-25     coverage and other insurance benefits;
3-26                 (2)  recommend to the trustee minimum standards and
3-27     features of the plan or plans that it considers appropriate; and
 4-1                 (3)  recommend to the trustee desirable changes in
 4-2     rules and legislation affecting the program.
 4-3           (f)  A person is not eligible for appointment as a member of
 4-4     the advisory committee if the person is required to register [with
 4-5     the secretary of state] under Chapter 305, Government Code [422,
 4-6     Acts of the 63rd Legislature, Regular Session, 1973 (Article
 4-7     6252-9c, Vernon's Texas Civil Statutes)].
 4-8           (h)  The advisory committee is not subject to Section
 4-9     2110.008, Government Code.
4-10           SECTION 5. The heading to Section 7, Article 3.50-4,
4-11     Insurance Code, is amended to read as follows:
4-12           Sec. 7.  PARTICIPATION BY RETIREE.
4-13           SECTION 6. Section 7A, Article 3.50-4, Insurance Code, is
4-14     amended to read as follows:
4-15           Sec. 7A.  PARTICIPATION BY ACTIVE EMPLOYEES. (a)  A public
4-16     school district may elect to participate in the program provided
4-17     under this article.  A district that elects to participate must
4-18     accept the schedule of costs adopted by the trustee.  [A district
4-19     may offer an alternative health benefit plan to its active
4-20     employees during the period of its participation in the program if
4-21     the trustee approves the plan as providing contributions,
4-22     participation, and a design that are in accordance with sound group
4-23     benefit underwriting principles.]
4-24           (b)  The trustee by rule shall establish [provide]:
4-25                 (1)  minimum benefit standards for the program
4-26     [eligibility requirements for participation by a school district,
4-27     which may include criteria based on size]; and
 5-1                 (2)  other participation requirements for school
 5-2     districts as determined by the trustee to be necessary for the
 5-3     operation of [restrictions on the ability of a school district to
 5-4     begin or discontinue participation, which may include a minimum
 5-5     period of participation and limited periods for elections to begin
 5-6     or discontinue participation;]
 5-7                 [(3)  administrative fees to be paid by participating
 5-8     school districts to cover the trustee's administrative costs in
 5-9     extending the program to active employees; and]
5-10                 [(4)  requirements to minimize the effects of adverse
5-11     selection on] the program.
5-12           (c)  The trustee shall provide basic group health benefits
5-13     coverage for each active employee and may provide optional group
5-14     coverages for active employees participating in the program.  The
5-15     coverages must be the same as the [may be combined with or similar
5-16     to, but separate from,] coverages provided to retirees.  The
5-17     trustee by rule shall define the requirements of the basic coverage
5-18     [sum of premiums and administrative fees received from
5-19     participating school districts and active employees must cover all
5-20     expenses of school district employee participation in the program].
5-21           (d)  Each [Participation by an] active employee of a
5-22     participating school district shall participate in the basic
5-23     coverage unless [is optional with] the employee specifically waives
5-24     participation in writing.  A school district may not offer a
5-25     financial incentive to an active employee for declining to
5-26     participate in the program.  An active employee is entitled to
5-27     obtain coverage for dependents in the same manner as a
 6-1     participating retiree.  An active employee of a school district
 6-2     that does not elect to participate may not participate in the
 6-3     coverage as an individual.
 6-4           (e)  [Each participating school district shall contribute for
 6-5     each district employee covered by the program an amount equal to
 6-6     not less than 75 percent of the cost for the employee only of the
 6-7     plans of group coverages authorized by the trustee for active
 6-8     employees.  The district shall certify to the trustee the amount
 6-9     the district will contribute monthly toward the cost of coverage.
6-10     The trustee shall determine if the amount is sufficient to
6-11     underwrite the plan for the district based on sound group benefit
6-12     underwriting principles. A determination by the trustee under this
6-13     subsection is final.]
6-14           [(f)]  Each active employee covered by the program shall pay,
6-15     through a deduction from the employee's compensation, 100 percent
6-16     [that portion] of the cost of optional coverage or dependent
6-17     coverage selected by the employee [that exceeds the amount of
6-18     employer contributions].
6-19           (f) [(g)]  The trustee shall pay, from [deposit in] the fund,
6-20     the administrative costs incurred in extending the program to
6-21     active employees and may use for that purpose any unexpended
6-22     balance of the [all] fees collected under Section 44(d), Chapter
6-23     812, Acts of the 73rd Legislature, 1993[, except that portion used
6-24     to conduct the survey required by Section 44.  The trustee shall
6-25     continue to collect the fee through the 1996-1997 school year,
6-26     after which time the fee expires].
6-27           (g) [(h)]  The state shall, for each active employee covered
 7-1     by the program, contribute in the manner provided by Section 16 of
 7-2     this article an amount equal to 100 percent of the cost for
 7-3     employee-only coverage under the plan of basic coverage authorized
 7-4     by the trustee for active employees.  The state may also make
 7-5     contributions to the fund in addition to those required by Section
 7-6     16(b) of this article for the purpose of assisting in the expansion
 7-7     of the program to active employees.
 7-8           [(i)  The trustee shall begin enrollment in the program for
 7-9     active employees to be effective beginning with the 1996-1997
7-10     school year.]
7-11           SECTION 7. Section 8(b), Article 3.50-4, Insurance Code, is
7-12     amended to read as follows:
7-13           (b)  The basic group health benefits coverage [coverages]
7-14     provided under the plan or plans must be comparable to the coverage
7-15     provided under the Texas Employees Uniform Group Insurance Benefits
7-16     Act (Article 3.50-2, Vernon's Texas Insurance Code) and must
7-17     include coverage for prescribed drugs, medicines, and prosthetic
7-18     devices.  In addition to the basic group health benefits coverage
7-19     required under this subsection, the coverages provided under the
7-20     plan or plans may include [but are not limited to] life insurance,
7-21     accidental death and dismemberment, [hospital care and benefits,
7-22     surgical care and treatment, medical care and treatment, dental
7-23     care, eye care, obstetrical benefits,] long-term care, [prescribed
7-24     drugs, medicines, and prosthetic devices, and] other supplemental
7-25     benefits, supplies, and services [as provided by this article],
7-26     protection against loss of salary, and other coverages considered
7-27     advisable by the trustee.
 8-1           SECTION 8. Section 9, Article 3.50-4, Insurance Code, is
 8-2     amended to read as follows:
 8-3           Sec. 9.  BENEFIT CERTIFICATES.  At such times, or upon such
 8-4     events, as designated by the trustee, each insurance carrier shall
 8-5     issue to each retiree, active employee, surviving spouse, or
 8-6     surviving dependent child entitled to coverage [insured] under this
 8-7     article a certificate of benefits [insurance] that:
 8-8                 (1)  states the benefits to which the person is
 8-9     entitled;
8-10                 (2)  states to whom the benefits are payable;
8-11                 (3)  states to whom the claims must be submitted; and
8-12                 (4)  summarizes the provisions of the health benefit
8-13     plan or other plan [policy] principally affecting the person.
8-14           SECTION 9. Sections 10(a) and (b), Article 3.50-4, Insurance
8-15     Code, are amended to read as follows:
8-16           (a)  Not later than the 180th day after the end of each state
8-17     fiscal year, the trustee shall make a written report to the
8-18     commissioner [State Board of Insurance] concerning the [insurance]
8-19     coverages provided and the benefits and services being received by
8-20     persons covered [insured] under this article.
8-21           (b)  Coverage [Insurance coverage] purchased under this
8-22     article shall provide for an accounting to the trustee by each
8-23     carrier providing coverage not later than the 90th day after the
8-24     end of each plan [policy] year.  The accounting shall be on a form
8-25     approved by the trustee.  Other reports shall be prepared by each
8-26     carrier if considered necessary by the trustee.  An extra charge
8-27     may not be assessed by the carrier for the accounting reports.
 9-1           SECTION 10. Section 13, Article 3.50-4, Insurance Code, is
 9-2     amended to read as follows:
 9-3           Sec. 13.  AUTOMATIC COVERAGE.  A retiree or active employee
 9-4     who applies during an enrollment period may not be denied any of
 9-5     the [group insurance] basic coverage provided under this article
 9-6     unless the person has been found under Section 18A of this article
 9-7     to have defrauded or attempted to defraud the Texas Public School
 9-8     Employees Group Insurance Program.
 9-9           SECTION 11. Sections 16(a), (b), (c), (f), (g), (h), and (i),
9-10     Article 3.50-4, Insurance Code, are amended to read as follows:
9-11           (a)  For [the state fiscal year beginning September 1, 1985,
9-12     and for] each [subsequent] state fiscal year, each active employee,
9-13     as a condition of employment, shall contribute to the fund an
9-14     amount equal to .25 percent of the employee's salary.  Each month
9-15     the employer of an active employee shall deduct the contributions
9-16     from the employee's salary and shall remit the contributions to the
9-17     trustee as provided by any procedures that the trustee may require.
9-18     In lieu of deducting the contributions from salaries, an employer
9-19     may assume and pay the total contributions due from its active
9-20     employees for any month.
9-21           (b)  The state shall contribute as the state's contribution
9-22     for coverage for retirees to the fund each fiscal year an amount
9-23     equal to .50 percent of the salary of each active employee.  The
9-24     state may contribute amounts in addition to the contribution
9-25     required by this subsection.
9-26           (c)  If [after the state fiscal year beginning September 1,
9-27     1990,] the amount of state and active employee contributions to the
 10-1    fund is raised by the legislature above the percentages provided by
 10-2    Subsections (a)  and (b) of this section to provide adequate
 10-3    funding for the program, the ratio between the state's contribution
 10-4    and the active employees' contributions must be maintained at two
 10-5    to one.
 10-6          (f)  Before the first day of November preceding each regular
 10-7    session of the legislature, the trustee shall certify, for
 10-8    information and review, to the Legislative Budget Board and the
 10-9    budget division of the governor's office the amounts necessary to
10-10    pay the contributions of the state to the fund for the basic group
10-11    health benefit plans for active employees and retirees under this
10-12    article [for information and review].  Not later than August 31 of
10-13    each year, the trustee shall certify to the comptroller of public
10-14    accounts the estimated amount of state contributions to be received
10-15    by the fund for the next fiscal year under the appropriations
10-16    authorized by this article.
10-17          (g)  Contributions allocated and appropriated under this
10-18    article [section] shall be paid from the General Revenue Fund in
10-19    equal monthly installments, based on the annual estimate certified
10-20    by the trustee to the comptroller of public accounts for that year,
10-21    and subject to any express limitations specified in the Act making
10-22    the appropriation.  Variations between the certified amount and the
10-23    actual amount due for the year shall be reconciled at the close of
10-24    the fiscal year and proper adjustments in the annual contributions
10-25    to the fund shall be made.
10-26          (h)  An employing district that fails to remit, before the
10-27    11th day after the last day of the month, all [member] deposits
 11-1    required by this section to be remitted by the district for the
 11-2    month shall pay to the [Texas public school retired employees group
 11-3    insurance] fund, in addition to the deposits, interest on the
 11-4    unpaid amounts at the annual rate of six percent compounded
 11-5    monthly.
 11-6          (i)  An employing district and its trustees hold amounts due
 11-7    to the [Texas public school retired employees group insurance] fund
 11-8    under this article in trust for the fund and its participants and
 11-9    may not divert the amounts for any other purpose.
11-10          SECTION 12. Section 17(a), Article 3.50-4, Insurance Code, is
11-11    amended to read as follows:
11-12          (a)  The trustee shall study the operation and administration
11-13    of this article, including surveys and reports on financing group
11-14    insurance coverages and health benefit [benefits] plans available
11-15    to active employees and retirees, and the experience and projected
11-16    cost of coverage and  benefits.  The trustee shall make a report to
11-17    the legislature at each regular legislative session relating to the
11-18    operation and administration of this article.
11-19          SECTION 13. Section 19, Article 3.50-4, Insurance Code, is
11-20    amended to read as follows:
11-21          Sec. 19.  ASSISTANCE.  In implementing and administering this
11-22    article, the commissioner [State Board of Insurance], as requested
11-23    by the trustee, shall assist the trustee in carrying out this
11-24    article.
11-25          SECTION 14. Section 22.004, Education Code, is amended to
11-26    read as follows:
11-27          Sec. 22.004.  GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES. (a)
 12-1    Each district may participate in the group health benefits program
 12-2    provided under Article 3.50-4, Insurance Code.
 12-3          (b)  A district that does not elect to participate in the
 12-4    program described by Subsection (a) shall make available to its
 12-5    employees group health coverage provided by a risk pool established
 12-6    by one or more school districts under Chapter 172, Local Government
 12-7    Code, or under a policy of insurance or group contract issued by an
 12-8    insurer, a company subject to Chapter 20, Insurance Code, or a
 12-9    health maintenance organization under the Texas Health Maintenance
12-10    Organization Act (Chapter 20A, Vernon's Texas Insurance Code).  The
12-11    coverage must meet the substantive coverage requirements of Article
12-12    3.51-6, Insurance Code, and any other law applicable to group
12-13    health insurance policies or contracts issued in this state.  The
12-14    coverage must include major medical treatment but may exclude
12-15    experimental procedures.  In this subsection, "major medical
12-16    treatment" means a medical, surgical, or diagnostic procedure for
12-17    illness or injury. The coverage may include managed care or
12-18    preventive care and must be comparable to the basic health coverage
12-19    provided under the Texas Employees Uniform Group Insurance Benefits
12-20    Act (Article 3.50-2, Vernon's Texas Insurance Code).  The board of
12-21    trustees of the Teacher Retirement System of Texas shall adopt
12-22    rules to determine whether a school district's group health
12-23    coverage is comparable to the basic health coverage specified by
12-24    this subsection.  The rules must provide for consideration of the
12-25    following factors concerning the district's coverage in determining
12-26    whether the district's coverage is comparable to the basic health
12-27    coverage specified by this subsection:
 13-1                (1)  the deductible amount for service provided inside
 13-2    and outside of the network;
 13-3                (2)  the coinsurance percentages for service provided
 13-4    inside and outside of the network;
 13-5                (3)  the maximum amount of coinsurance payments a
 13-6    covered person is required to pay;
 13-7                (4)  the amount of the copayment for an office visit;
 13-8                (5)  the schedule of benefits and the scope of
 13-9    coverage;
13-10                (6)  the lifetime maximum benefit amount; and
13-11                (7)  verification that the coverage is issued by a
13-12    provider licensed to do business in this state by the Texas
13-13    Department of Insurance or is provided by a risk pool authorized
13-14    under Chapter 172, Local Government Code, or that a district is
13-15    capable of covering the assumed liabilities in the case of coverage
13-16    provided through district self-insurance.
13-17          (c) [(b)]  The cost of the coverage provided under the
13-18    program described by Subsection (a) shall be paid by the state and
13-19    the employees in the manner provided by Section 7A, Article 3.50-4,
13-20    Insurance Code.  The cost of coverage provided under a plan adopted
13-21    under Subsection (b) shall [may] be shared by the employees and the
13-22    district without contribution by the state.
13-23          (d) [(c)]  Each district shall report the district's
13-24    compliance with this section [subsection] to the executive director
13-25    of the Teacher Retirement System of Texas not later than March 1 of
13-26    each even-numbered year in the manner required by the board of
13-27    trustees of the Teacher Retirement System of Texas.  For a district
 14-1    that does not elect to participate in the program described by
 14-2    Subsection (a), the [The] report must be based on the district
 14-3    group health coverage plan in effect during the current plan year
 14-4    and must include:
 14-5                (1)  appropriate documentation of:
 14-6                      (A)  the district's contract for group health
 14-7    coverage with a provider licensed to do business in this state by
 14-8    the Texas Department of Insurance or a risk pool authorized under
 14-9    Chapter 172, Local Government Code; or
14-10                      (B)  a resolution of the board of trustees of the
14-11    district authorizing a self-insurance plan for district employees
14-12    and of the district's review of district ability to cover the
14-13    liability assumed;
14-14                (2)  the schedule of benefits;
14-15                (3)  the premium rate sheet, including the amount paid
14-16    by the district and employee;
14-17                (4)  the number of employees covered by the [each]
14-18    health coverage plan offered by the district; and
14-19                (5)  any other information considered appropriate by
14-20    the executive director of the Teacher Retirement System of Texas.
14-21          (e)  For each district that does not elect to participate in
14-22    the program described by Subsection (a), and based [(d)  Based] on
14-23    the criteria prescribed by Subsection (b) [(a)], the executive
14-24    director of the Teacher Retirement System of Texas shall certify
14-25    whether a district's coverage is comparable to the basic health
14-26    coverage provided under the Texas Employees Uniform Group Insurance
14-27    Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code).  If
 15-1    the executive director of the Teacher Retirement System of Texas
 15-2    determines that the group health coverage offered by a district is
 15-3    not comparable, the executive director shall report that
 15-4    information to the district and to the Legislative Budget Board.
 15-5    The executive director shall submit a report to the legislature not
 15-6    later than September 1 of each even-numbered year describing the
 15-7    status of each district's group health coverage program based on
 15-8    the information contained in the report required by Subsection (d)
 15-9    [(c)] and the certification required by this subsection.
15-10          (f) [(e)]  A school district that does not elect to
15-11    participate in the program described by Subsection (a) may not
15-12    contract with an insurer, a company subject to Chapter 20,
15-13    Insurance Code, or a health maintenance organization to issue a
15-14    policy or contract under this section, or with any person to assist
15-15    the school district in obtaining or managing the policy or contract
15-16    unless, before the contract is entered into, the insurer, company,
15-17    organization, or person provides the district with an audited
15-18    financial statement showing the financial condition of the insurer,
15-19    company, organization, or person.
15-20          (g) [(f)]  An insurer, a company subject to Chapter 20,
15-21    Insurance Code, or a health maintenance organization that issues a
15-22    policy or contract under this section and any person that assists
15-23    the school district in obtaining or managing the policy or contract
15-24    for compensation shall provide an annual audited financial
15-25    statement to the school district showing the financial condition of
15-26    the insurer, company, organization, or person.
15-27          (h) [(g)]  An audited financial statement provided under this
 16-1    section must be made in accordance with rules adopted by the
 16-2    commissioner of insurance or state auditor, as applicable.
 16-3          SECTION 15. Section 20, Article 3.50-4, Insurance Code, is
 16-4    repealed.
 16-5          SECTION 16. The Teacher Retirement System of Texas shall
 16-6    begin enrollment in the group health benefits program for active
 16-7    employees as provided under Article 3.50-4, Insurance Code, as
 16-8    amended by this Act, to be effective beginning with the 2002-2003
 16-9    school year.
16-10          SECTION 17. This Act takes effect September 1, 2001.