By: Shapleigh, Van de Putte S.B. No. 98
(In the Senate - Filed November 17, 2004; January 31, 2005,
read first time and referred to Committee on Health and Human
Services; March 29, 2005, reported favorably, as amended, by the
following vote: Yeas 9, Nays 0; March 29, 2005, sent to printer.)
COMMITTEE AMENDMENT NO. 1 By: Lindsay
Amend S.B. No. 98, on page 1, line 1-22, after "Medicaid," by
inserting the words "clinic-based care,".
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.
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