78R7372 KLA-D
By: Deuell S.B. No. 1523
A BILL TO BE ENTITLED
AN 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.