By: Dunnam H.B. No. 729
 
 
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for and the administration of the child
health plan program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 62.002(4), Health and Safety Code, is
amended to read as follows:
             (4)  "Net [Gross] family income" means the [total]
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 [without
consideration of any reduction for offsets that may be available to
the family under any other] program.
       SECTION 2.  Section 62.101(b), Health and Safety Code, is
amended to read as follows:
       (b)  The commission shall establish income eligibility
levels 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
[gross] family income is at or below 200 percent of the federal
poverty level is eligible for health benefits coverage under the
program. [In addition, the commission may establish eligibility
standards regarding the amount and types of allowable assets for a
family whose gross family income is above 150 percent of the federal
poverty level.]
       SECTION 3.  Section 62.102, Health and Safety Code, is
amended to read as follows:
       Sec. 62.102.  CONTINUOUS COVERAGE.  The commission shall
provide that an individual who is determined to be eligible for
coverage under the child health plan remains eligible for those
benefits until the earlier of:
             (1)  the end of a period, not to exceed 12 months, [the
six-month period] following the date of the eligibility
determination; or
             (2)  the individual's 19th birthday.
       SECTION 4.  Sections 62.154(a) and (d), Health and Safety
Code, are amended to read as follows:
       (a)  To the extent permitted under Title XXI of the Social
Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and any
other applicable law or regulations, the child health plan must
include a waiting period and[. The child health plan] may include
copayments and other provisions intended to discourage:
             (1)  employers and other persons from electing to
discontinue offering coverage for children under employee or other
group health benefit plans; and
             (2)  individuals with access to adequate health benefit
plan coverage, other than coverage under the child health plan,
from electing not to obtain or to discontinue that coverage for a
child.
       (d)  The waiting period required by Subsection (a) must:
             (1)  extend for a period of 90 days after[:
             [(1)]  the last date on [first day of the month in]
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 [is enrolled
under the child health plan, if the date of enrollment is on or
before the 15th day of the month; or
             [(2)  the first day of the month after which the
applicant is enrolled under the child health plan, if the date of
enrollment is after the 15th day of the month].
       SECTION 5.  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, 2007.