H.B. No. 3484AN ACT relating to health care coverage and services and other infrastructures for employed persons with disabilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.02443 to read as follows: Sec. 531.02443. WORK GROUP ON HEALTH CARE OPTIONS FOR CERTAIN PERSONS WITH DISABILITIES. (a) A work group is established to assist the commission in identifying, recommending, and developing policy options to improve access to health care coverage and services necessary to support increased employment of persons with disabilities in this state. (b) The commissioner shall determine the number of members of the work group. The work group is composed of the following: (1) representatives of the commission, appointed by the commissioner; (2) representatives of the Texas Department of Human Services, appointed by the commissioner of human services; (3) representatives of the Texas Department of Mental Health and Mental Retardation, appointed by the commissioner of mental health and mental retardation; (4) representatives of the Texas Department of Insurance, appointed by the commissioner of insurance; (5) representatives of the Texas Workforce Commission, appointed by the executive director of that agency; (6) representatives of the Texas Rehabilitation Commission, appointed by the commissioner of that agency; (7) representatives of the Texas Commission for the Blind, appointed by the executive director of that agency; (8) representatives of local workforce development boards, appointed by boards specified by the commissioner; (9) representatives of the comptroller's office, appointed by the comptroller; (10) persons with disabilities, including persons with mental illness or mental retardation, who are employed or have employment goals, appointed by the commissioner; and (11) advocates for persons with disabilities, including advocates for persons with mental illness or mental retardation, appointed by the commissioner. (c) The commissioner shall designate a member of the work group to serve as presiding officer. The members of the work group shall elect any other necessary officers. (d) The work group shall meet at the call of the commissioner. (e) A member of the work group serves at the will of the appointing official or entity. (f) A member of the work group may not receive compensation for serving on the work group but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the work group as provided by the General Appropriations Act. (g) The work group shall examine options for access to health care coverage and services for employed persons with disabilities in this state. In examining those options, the work group shall determine: (1) the extent to which employers with employment opportunities generally available to persons with disabilities, including full-time and all levels of part-time opportunities, offer health insurance or other health benefits coverage to their employees; (2) the types and adequacy of benefits related to the health care needs of employed persons with disabilities that are provided through health insurance or other health benefits coverage offered by their employers; (3) Medicaid services utilization by persons with disabilities and cost data necessary to project the potential savings to the Medicaid program if those persons were provided health insurance or other health benefits coverage and supplemental Medicaid disability-related benefits not covered by that health insurance or other health benefits coverage; (4) the use in this state of existing employment incentive programs under the Supplemental Security Income (SSI) programs (42 U.S.C. Section 1381 et seq.), as amended, and Social Security disability insurance programs, including extended Medicaid coverage, and factors related to improved use of these programs to increase employment of persons with disabilities; (5) the potential for increased use of the health insurance premium payment reimbursement program for medical assistance recipients under Section 32.0422, Human Resources Code, or other cost-sharing assistance options to enable employed persons with disabilities to receive health insurance or other health benefits coverage provided by employers; and (6) the projected impact on the rate of employment of persons with disabilities of implementing a Medicaid buy-in program as authorized by the Ticket to Work and Work Incentives Improvement Act of 1999 (Pub. L. No. 106-170), as amended, or the Balanced Budget Act of 1997 (Pub. L. No. 105-33), as amended, including: (A) the impact experienced in other states after implementing buy-in programs; and (B) an estimate of Medicaid recipients with disabilities who would otherwise lose Medicaid eligibility as a result of increased income from employment. (h) Based on the determinations under Subsection (g), the work group shall develop a proposal for a Medicaid buy-in program for this state, including eligibility and premium or other cost-sharing policies. (i) The work group shall report its determinations under Subsection (g) and the proposal required by Subsection (h) to the commission. The commission, with the assistance of the work group, shall compile the information and prepare a report regarding policy options to improve access to health care coverage and services necessary to support increased employment of persons with disabilities in this state. Not later than November 1, 2004, the commission shall submit the report to the legislature. (j) This section expires September 1, 2005. SECTION 2. The Health and Human Services Commission shall use the federal grant awarded to the commission in 2001 under the Ticket to Work and Work Incentives Improvement Act of 1999 (Pub. L. No. 106-170), as amended, to support the design, establishment, and operation of infrastructures in this state that provide support services for employed persons with disabilities. The commission shall actively pursue the award of additional grants under that Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 3484 was passed by the House on April 24, 2003, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 3484 was passed by the Senate on May 20, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor