79R1495 KKA-D

By:  Shapleigh                                                    S.B. No. 98 



A BILL TO BE ENTITLED

AN ACT

relating to determining and reporting the health insurance status 
of children attending public schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 38, Education Code, is 
amended by adding Section 38.018 to read as follows:
	Sec. 38.018.  DETERMINATION OF HEALTH INSURANCE 
STATUS.  (a)  In this section, "parent" includes a person standing 
in parental relation.
	(b)  As part of a child's enrollment in school each school 
year, a school district shall  request that a child's parent, on a 
voluntary basis, indicate on the enrollment form whether the child 
is covered by private health insurance, Medicaid, or the state 
child health plan program established by Chapter 62, Health and 
Safety Code, or is not covered by health insurance.
	(c)  A parent is not required to provide the health insurance 
status information described by Subsection (b) as a condition of 
enrollment, and the enrollment form must clearly indicate that a 
parent may elect to provide or withhold the information.
	(d)  If a parent indicates that a child is not covered by 
health insurance, the school district shall provide the parent with 
general written information obtained from the Health and Human 
Services Commission regarding the availability of Medicaid and the 
state child health plan program.
	(e)  To facilitate the determination of the health insurance 
status of children in this state, a school district shall report 
health insurance status information obtained under Subsection (b) 
annually to the agency through the Public Education Information 
Management System (PEIMS).  The commissioner by rule shall 
determine the form and type of information to be included in a 
report under this subsection.  The rule must provide for protecting 
the identity of each child whose information is reported.
	SECTION 2.  This Act applies beginning with the 2005-2006 
school year.       
	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, 2005.