By Armbrister                                         S.B. No. 1021
         77R3389 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a prescription drug benefit plan for active school
 1-3     employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5                ARTICLE 1. PRESCRIPTION DRUG BENEFIT PLAN FOR
 1-6                      ACTIVE SCHOOL DISTRICT EMPLOYEES
 1-7           SECTION 1.01. Article 3.50-4, Insurance Code, is amended by
 1-8     adding Section 7B to read as follows:
 1-9           Sec. 7B.  PRESCRIPTION DRUG BENEFIT PLAN FOR ACTIVE
1-10     EMPLOYEES. (a)  As part of the group coverages offered under the
1-11     program, the trustee shall develop and implement a prescription
1-12     drug benefit plan to provide prescription drug benefits for active
1-13     employees. The plan benefits must be at least equivalent to the
1-14     comparable benefits provided under the basic coverage offered as
1-15     part of the uniform group insurance program for state employees
1-16     under the Texas Employees Uniform Group Insurance Benefits Act
1-17     (Article 3.50-2, Vernon's Texas Insurance Code).
1-18           (b)  Coverage under the prescription drug benefit plan is
1-19     limited to active employees.
1-20           (c)  For each active employee covered by the prescription
1-21     drug benefit plan, the state shall contribute in the manner
1-22     described by Section 16 of this article an amount equal to the cost
1-23     of the plan premium. An employee covered by the plan is responsible
1-24     for any copayment, coinsurance, or similar charge imposed under the
 2-1     plan.
 2-2                      ARTICLE 2. CONFORMING AMENDMENTS
 2-3           SECTION 2.01. Section 7A, Article 3.50-4, Insurance Code, is
 2-4     amended by adding Subsection (j) to read as follows:
 2-5           (j)  Prescription drug benefits for an active employee shall
 2-6     be provided under the prescription drug benefit plan established
 2-7     under Section 7B of this article.
 2-8           SECTION 2.02. Section 13, Article 3.50-4, Insurance Code, is
 2-9     amended to read as follows:
2-10           Sec. 13.  AUTOMATIC COVERAGE. Unless the person has been
2-11     found under Section 18A of this article to have defrauded or
2-12     attempted to defraud the Texas Public School Employees Group
2-13     Insurance Program:
2-14                 (1)  a [A] retiree or active employee who applies
2-15     during an enrollment period may not be denied any of the group
2-16     insurance basic coverage provided under this article; and
2-17                 (2)  an active employee who applies during an
2-18     enrollment period may not be denied coverage under the prescription
2-19     drug benefit plan provided under this article [unless the person
2-20     has been found under Section 18A of this article to have defrauded
2-21     or attempted to defraud the Texas Public School Employees Group
2-22     Insurance Program].
2-23           SECTION 2.03. Section 22.004, Education Code, is amended by
2-24     amending Subsections (a)  and (d) and adding Subsection (h) to read
2-25     as follows:
2-26           (a)  Each district shall make available to its employees
2-27     group health coverage provided by a risk pool established by one or
 3-1     more school districts under Chapter 172, Local Government Code, or
 3-2     under a policy of insurance or group contract issued by an insurer,
 3-3     a company subject to Chapter 20, Insurance Code, or a health
 3-4     maintenance organization under the Texas Health Maintenance
 3-5     Organization Act (Chapter 20A, Vernon's Texas Insurance Code).  The
 3-6     coverage must meet the substantive coverage requirements of Article
 3-7     3.51-6, Insurance Code, and any other law applicable to group
 3-8     health insurance policies or contracts issued in this state. The
 3-9     coverage must include major medical treatment but may exclude
3-10     experimental procedures.  In this subsection, "major medical
3-11     treatment" means a medical, surgical, or diagnostic procedure for
3-12     illness or injury. The coverage may include managed care or
3-13     preventive care and, except as provided by Subsection (h), must be
3-14     comparable to the basic health coverage provided under the Texas
3-15     Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
3-16     Vernon's Texas Insurance Code).  The board of trustees of the
3-17     Teacher Retirement System of Texas shall adopt rules to determine
3-18     whether a school district's group health coverage is comparable to
3-19     the basic health coverage specified by this subsection.  The rules
3-20     must provide for consideration of the following factors concerning
3-21     the district's coverage in determining whether the district's
3-22     coverage is comparable to the basic health coverage specified by
3-23     this subsection:
3-24                 (1)  the deductible amount for service provided inside
3-25     and outside of the network;
3-26                 (2)  the coinsurance percentages for service provided
3-27     inside and outside of the network;
 4-1                 (3)  the maximum amount of coinsurance payments a
 4-2     covered person is required to pay;
 4-3                 (4)  the amount of the copayment for an office visit;
 4-4                 (5)  the schedule of benefits and the scope of
 4-5     coverage;
 4-6                 (6)  the lifetime maximum benefit amount; and
 4-7                 (7)  verification that the coverage is issued by a
 4-8     provider licensed to do business in this state by the Texas
 4-9     Department of Insurance or is provided by a risk pool authorized
4-10     under Chapter 172, Local Government Code, or that a district is
4-11     capable of covering the assumed liabilities in the case of coverage
4-12     provided through district self-insurance.
4-13           (d)  Based on the criteria prescribed by Subsection (a) and
4-14     except as provided by Subsection (h), the executive director of the
4-15     Teacher Retirement System of Texas shall certify whether a
4-16     district's coverage is comparable to the basic health coverage
4-17     provided under the Texas Employees Uniform Group Insurance Benefits
4-18     Act (Article 3.50-2, Vernon's Texas Insurance Code).  If the
4-19     executive director of the Teacher Retirement System of Texas
4-20     determines that the group health coverage offered by a district is
4-21     not comparable, the executive director shall report that
4-22     information to the district and to the Legislative Budget Board.
4-23     The executive director shall submit a report to the legislature not
4-24     later than September 1 of each even-numbered year describing the
4-25     status of each district's group health coverage program based on
4-26     the information contained in the report required by Subsection (c)
4-27     and the certification required by this subsection.
 5-1           (h)  Group health coverage made available under this section
 5-2     may not provide benefits for prescription drugs.
 5-3           SECTION 2.04. Section 22.005, Education Code, is amended by
 5-4     adding Subsection (d) to read as follows:
 5-5            (d)  A health care plan established under this section may
 5-6     not provide benefits for prescription drugs.
 5-7           SECTION 2.05. Article 26.036, Insurance Code, is amended by
 5-8     adding Subsection (c) to read as follows:
 5-9           (c)  Notwithstanding any other provision of this chapter, a
5-10     small employer health benefit plan provided to an independent
5-11     school district under this chapter may not provide benefits for
5-12     prescription drugs.
5-13                    ARTICLE 3. TRANSITION; EFFECTIVE DATE
5-14           SECTION 3.01. (a)  During the 2001-2002 school year, the
5-15     Teacher Retirement System of Texas shall develop the prescription
5-16     drug benefit plan for active school district employees required by
5-17     Section 7B, Article 3.50-4, Insurance Code, as added by this Act.
5-18     The system may employ persons as necessary to implement this
5-19     subsection.
5-20           (b)  Coverage under the prescription drug benefit plan for
5-21     active school district employees required by Section 7B, Article
5-22     3.50-4, Insurance Code, as added by this Act,  shall begin with the
5-23     2002-2003 school year, but not later than September 1, 2002.
5-24           SECTION 3.02. (a)  Except as provided by Subsection (b) of
5-25     this section, this Act takes effect September 1, 2001.
5-26           (b)  Article 2 of this Act takes effect September 1, 2002.