79S31843 JTS-D

By:  Hinojosa                                                     S.B. No. 44 



A BILL TO BE ENTITLED

AN ACT

relating to temporary eligibility requirements for and 
administration of the child health plan program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  CHILD HEALTH PLAN PROGRAM INCOME ELIGIBILITY. 
(a) In this section, "net family income" means the amount of income 
established for a family after reduction for offsets for expenses 
such as child care and work-related expenses, in accordance with 
standards applicable under the Medicaid program.
	(b)  Notwithstanding Sections 62.101(a)(4) and (b), Health 
and Safety Code,  the Health and Human Services Commission shall 
establish income eligibility levels for the child health plan 
program consistent with Title XXI, Social Security Act (42 U.S.C. 
Section 1397aa et seq.), as amended, and any other applicable law or 
regulations, and subject to the availability of appropriated money, 
so that a child who is younger than 19 years of age and whose net 
family income is at or below 200 percent of the federal poverty 
level is eligible for health benefits coverage under the program.  
The commission may not use eligibility standards regarding the 
amount or types of allowable assets for a family.
	SECTION 2.  COMMUNITY OUTREACH CAMPAIGN; TOLL-FREE HOTLINE.  
(a)  The Health and Human Services Commission shall conduct a 
community outreach and education campaign to provide information 
relating to the availability of health benefits for children under 
the child health plan program.  The commission shall conduct the 
campaign in a manner that promotes enrollment in, and minimizes 
duplication of effort among, all state-administered child health 
programs.
	(b)  The community outreach campaign must include:                             
		(1)  outreach efforts that involve school-based health 
clinics; and         
		(2)  a toll-free telephone number through which 
families may obtain information about health benefits coverage for 
children.
	(c)  The Health and Human Services Commission shall contract 
with community-based organizations or coalitions of 
community-based organizations to implement the community outreach 
campaign and shall also promote and encourage voluntary efforts to 
implement the community outreach campaign.  The commission shall 
procure the contracts through a process designed by the commission 
to encourage broad participation of organizations, including 
organizations that target population groups with high levels of 
uninsured children.
	(d)  The Health and Human Services Commission may direct that 
the Department of State Health Services perform all or part of the 
community outreach campaign.
	SECTION 3.  CONTINUOUS COVERAGE. Notwithstanding Section 
62.102, Health and Safety Code, an individual who is determined to 
be eligible for coverage under the child health plan program 
remains eligible for those benefits until the earlier of:
		(1)  the end of a period, not to exceed 12 months, 
following the date of the eligibility determination; or
		(2)  the individual's 19th birthday.                                          
	SECTION 4.  WAITING PERIOD.  Notwithstanding Section 
62.154(d), Health and Safety Code, the waiting period required by 
Section 62.154, Health and Safety Code, must:
		(1)  extend for a period of 90 days after the last date 
on which the applicant was covered under a health benefits plan; and
		(2)  apply to a child who was covered by a health 
benefits plan at any time during the 90 days before the date of 
application for coverage under the child health plan.
	SECTION 5.  EFFECTIVE DATE.  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 on the 91st day after the 
last day of the legislative session.
	SECTION 6.  EXPIRATION. This Act expires August 31, 2009.