78R4260 DLF-D

By:  Capelo                                                       H.B. No. 1099



A BILL TO BE ENTITLED

AN ACT

relating to coverage provided to certain children under the state 
child health plan.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 62.154(b), Health and Safety Code,  is 
amended to read as follows:
	(b)  A child is not subject to a waiting period adopted under 
Subsection (a) if:
		(1)  the family lost coverage for the child as a result 
of:                 
			(A)  termination of employment because of a layoff 
or business closing;    
			(B)  termination of continuation coverage under 
the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. 
No. 99-272);
			(C)  change in marital status of a parent of the 
child;                    
			(D)  termination of the child's Medicaid 
eligibility because:              
				(i)  the child's family's earnings or 
resources increased; or             
				(ii)  the child reached an age at which 
Medicaid coverage is not available; or
			(E)  a similar circumstance resulting in the 
involuntary loss of coverage; 
		(2)  the family terminated health benefits plan 
coverage for the child because the cost to the child's family for 
the coverage exceeded 10 percent of the family's net income; [or]
		(3)  the previous health benefits plan coverage for the 
child was provided by a self-funded health benefit plan sponsored 
by a municipality for the municipality's employees; or
		(4)  the commission has determined that other grounds 
exist for a good cause exception.
	SECTION 2.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 3.  This Act takes effect September 1, 2003.