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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiting period for benefits for certain applicants |
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for the child health plan program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 62.154(a) and (d), Health and Safety |
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Code, are amended to read as follows: |
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(a) To the extent permitted under Title XXI of the Social |
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Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and any |
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other applicable law or regulations, the child health plan must |
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include a waiting period and[. The child health plan] may include |
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copayments and other provisions intended to discourage: |
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(1) employers and other persons from electing to |
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discontinue offering coverage for children under employee or other |
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group health benefit plans; and |
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(2) individuals with access to adequate health benefit |
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plan coverage, other than coverage under the child health plan, |
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from electing not to obtain or to discontinue that coverage for a |
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child. |
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(d) The waiting period required by Subsection (a) must: |
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(1) extend for a period of 90 days after[:
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[(1)] the last date on [first day of the month in] |
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which the applicant was covered under a health benefits plan; and |
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(2) apply only to a child who was covered by a health |
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benefits plan at any time during the 90 days before the date of |
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application for coverage under the child health plan [is enrolled
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under the child health plan, if the date of enrollment is on or
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before the 15th day of the month; or
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[(2) the first day of the month after which the
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applicant is enrolled under the child health plan, if the date of
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enrollment is after the 15th day of the month]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |