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A BILL TO BE ENTITLED
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AN ACT
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relating to coverage for bariatric surgical procedures for certain |
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state employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Government Code, is amended |
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by adding Chapter 672 to read as follows: |
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CHAPTER 672. BARIATRIC SURGERY BENEFITS FOR STATE EMPLOYEES |
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Sec. 672.001. DEFINITION. In this chapter, "state agency" |
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means a department, institution, commission, or other agency of the |
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state. |
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Sec. 672.002. PROVISION OF BENEFIT. (a) In this section, |
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"service" means personal service to the state creditable in |
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accordance with rules adopted by the board of trustees of the |
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Employees Retirement System of Texas. |
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(b) Except as provided by Subsection (c), a state agency may |
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use available public funds to provide to an employee of the state |
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agency with at least five years of service coverage for the expenses |
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of bariatric surgical procedures. |
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(c) Coverage may not be provided to an employee under this |
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section to the extent that coverage is available to the employee |
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under Chapter 1551, Insurance Code. |
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SECTION 2. Subchapter E, Chapter 1551, Insurance Code, is |
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amended by adding Section 1551.228 to read as follows: |
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Sec. 1551.228. COVERAGE FOR BARIATRIC SURGICAL PROCEDURES. |
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A group health benefit plan offered under the group benefits |
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program must provide an employee with at least five years of service |
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coverage for bariatric surgical procedures that is at least as |
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extensive as the benefit for bariatric surgery provided to Medicare |
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beneficiaries under the National Coverage Determinations Manual |
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published by the Centers for Medicare and Medicaid Services on |
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February 15, 2006. |
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SECTION 3. (a) An interim committee is created to study |
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the cost that the state can be expected to incur and the benefits |
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the state can be expected to realize by providing the coverage for |
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bariatric surgical procedures for state employees required by |
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Section 1551.228, Insurance Code, as added by this Act. The |
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committee's study must include, to the extent feasible, a study of |
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the costs incurred and benefits realized by any political |
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subdivision of the state that has provided benefits for bariatric |
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surgical procedures to the employees of the political subdivision. |
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A political subdivision that provides a benefit described by this |
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subsection shall provide the committee with any information related |
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to the provision of those benefits, other than information that |
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would identify the recipient of the benefit. |
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(b) The committee consists of the following five members: |
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(1) two senators appointed by the lieutenant governor; |
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(2) two representatives appointed by the speaker of |
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the house of representatives; and |
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(3) one member appointed by the governor, who shall |
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serve as the committee's presiding officer. |
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(c) The committee shall convene at the call of the presiding |
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officer. |
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(d) The committee has all other powers and duties provided |
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to a special or select committee by the rules of the senate and |
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house of representatives, by Subchapter B, Chapter 301, Government |
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Code, and by policies of the senate and house committees on |
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administration. |
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(e) From the contingent expense fund of the senate and the |
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contingent expense fund of the house of representatives equally, |
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the members of the committee are entitled to reimbursement for |
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expenses incurred in carrying out the provisions of this Act in |
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accordance with the rules of the senate and house of |
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representatives and the policies of the senate and house committees |
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on administration. |
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(f) Not later than January 15, 2009, the committee shall |
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report the committee's findings and recommendations to the |
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lieutenant governor, the speaker of the house of representatives, |
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and the governor. The committee shall include in its |
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recommendations specific statutory changes that appear necessary |
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or advisable from the results of the committee's study under |
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Subsection (a) of this section, including changes to the |
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eligibility requirements or benefit levels under Section 1551.228, |
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Insurance Code, as added by this Act, or the repeal of that section. |
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(g) Not later than the 60th day after the effective date of |
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this Act, the lieutenant governor, the speaker of the house of |
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representatives, and the governor shall appoint the members of the |
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interim committee created under this section. |
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(h) This section expires September 1, 2009. |
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SECTION 4. The change in law made by Section 1551.228, |
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Insurance Code, as added by this Act, applies to health benefit |
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plans provided under Chapter 1551, Insurance Code, beginning with |
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the 2010-2011 plan year. |
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SECTION 5. This Act takes effect September 1, 2007. |