SRC-JEC S.B. 1547 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1547
78R4977 AKH-DBy: Janek
State Affairs
4/10/2003
As Filed


DIGEST AND PURPOSE 

Current law authorizing a county to provide hospitalization insurance for
county employees, officials, and their dependents, fails to address the
complexities of today's health care system, including coverage and
benefits available, financing options, and the flexibility of a
commissioners court to provide benefits.  As proposed, S.B. 1547
authorizes and provides a mechanism for financing health and related
benefits for county employees, officials, and their dependents, in a
county with a population of 3.2 million or more. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Chapter 157, Subchapter A, Local
Government Code, to read as follows: 

SUBCHAPTER A.  MEDICAL CARE, HOSPITALIZATION, AND INSURANCE IN CERTAIN
COUNTIES 

SECTION 2.  Amends Section 157.001, Local Government Code, as follows:

Sec. 157.001.  HOSPITALIZATION INSURANCE.  (a)  Provides that this
subchapter applies only to a county with a population of less than 3.2
million. 

  (b)  Redesignated from existing text. 
 
SECTION 3.  Amends the heading to Section 157.002, Local Government Code,
to read as follows: 

 Sec. 157.002.  MEDICAL CARE, HOSPITALIZATION, AND INSURANCE IN   CERTAIN
COUNTIES. 
 
SECTION 4.  Amends Chapter 157, Local Government Code, by adding
Subchapter F, as follows: 

SUBCHAPTER F.  GROUP HEALTH AND RELATED BENEFITS IN POPULOUS COUNTIES

Sec. 157.101.  APPLICABILITY.  Provides that this subchapter applies only
to a county with a population of 3.2 million or more. 

Sec. 157.102.  GROUP HEALTH AND RELATED BENEFITS IN POPULOUS COUNTIES. (a)
Authorizes the commissioners court by rule to provide for group health and
related benefits, including medical care, surgical care, hospitalization,
and pharmaceutical, life, accident, disability, long-term care, vision,
dental, mental health, and substance abuse benefits,  for certain persons
if their salaries are paid from the funds of the county or of a flood
control district located entirely in the county or if they are employees
of another governmental entity for which the county is obligated to
provide benefits. 
  
  (b)  Authorizes the commissioners court to provide the benefits under
Subsection (a) through insurance, self-insurance, or a contract with a
county-operated hospital, a hospital operated jointly by a municipality
and county, or a private hospital. 

(c)  Requires a rule adopted under this section relating to a person's
group health or related benefits coverage to be included in the person's
employment contract or otherwise communicated in writing to the person. 

(d)  Authorizes a rule adopted under this section to be subject to the
approval of the county auditor.   

(e)  Requires a commissioners court, before adopting a rule under this
section, to provide notice of a hearing about the proposed adoption in
accordance with Chapter 551, Government Code.  Entitles an employee or
taxpayer of the county to appear and protest the adoption of a rule. 

(f)  Authorizes a county providing coverage under this section to reinsure
its potential liability or purchase stop-loss coverage for any amount of
potential liability that is in excess of projected paid losses.  Requires
a county that reinsures its potential liability or purchases stop-loss
coverage for any amount of potential liability to do so from an insurance
company admitted to do business in this state that holds a certificate of
authority from the Texas Department of Insurance. 

Sec. 157.103.  GROUP HEALTH AND RELATED BENEFITS FUND.  (a)  Authorizes
the commissioners court of a county that adopts rules under Section
157.102 to require persons participating in the group health and related
benefits plan to contribute toward the payment of the plan.  Authorizes
the commissioners court to establish a fund to pay for the group health
and related benefits. Provides that the fund may take the form of a single
nonprofit trust as described by Section 2(c)(1), Article 4.11, Insurance
Code. 

(b)  Requires a person who elects to participate in any aspect of the
group health and related benefits plan and is required to make
contributions toward the payment of the plan to authorize contributions to
the fund by salary deduction. Requires the authorization to be submitted
in writing to the county officer authorized by the commissioners court to
administer payroll deductions.  Provides that the authorization remains in
effect as long as the person is required to make contributions toward the
payment of the plan.  Requires the county, if the amount of the person's
required contributions changes after the date the request for deduction is
submitted, to notify the person of the change before the change takes
effect.  Authorizes the county and any participating flood control
district to also contribute to the fund. 

(c)  Limits the use of the fund to the purposes stated in Subsection (a).
Provides that employees who are discharged or who end their employment
voluntarily have no vested right to contributions made to the fund.
Requires the fund to continue to be used for the benefit of the remaining
employees. 

(d)  Requires claims to be paid from the fund in the same manner as
provided by law for the payment of other claims of the county or flood
control district. 

(e)  Requires the remaining funds to be transferred to the county and to
any participating flood control district in proportion to the total
contributions made by them  if a plan established under this section is
terminated by the commissioners court. 

Sec. 157.104.  SUBROGATION.  (a)  Provides that a county that has paid
group health and related benefits for a sheriff, deputy sheriff,
constable, deputy constable, or other county or precinct law enforcement
official is subrogated to the law enforcement official's right of recovery
for personal injuries caused by another to the extent of the payments made
by the county. 

(b)  Prohibits a county from refusing to pay group health and related
benefits on the ground that the law enforcement official has a claim for
damages for personal injury. 

Sec. 157.105.  PAYMENTS FOR CERTAIN HEALTH COVERAGE. Authorizes a county
to purchase and pay premiums for coverages as described by Section
157.006. 

SECTION 5.  Effective date:  September 1, 2003.