80R7449 YDB-F
 
  By: Davis of Harris H.B. No. 2852
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to a transitional health plan program for certain children
previously enrolled in the Medicaid or the state child health plan
program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 62, Health and Safety Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. TRANSITIONAL CHILD HEALTH PLAN PROGRAM
       Sec. 62.201.  AUTHORITY TO ESTABLISH PROGRAM.  The
commission may establish a transitional child health plan program
to provide health benefits coverage for children previously
enrolled in the medical assistance program under Chapter 32, Human
Resources Code, or the child health plan program under this chapter
who are no longer eligible for medical assistance or benefits under
those programs.
       Sec. 62.202.  ELIGIBILITY.  A child is eligible for health
benefits coverage under the transitional child health plan program
if the child:
             (1)  is younger than 19 years of age;
             (2)  is not eligible for:
                   (A)  medical assistance under the medical
assistance program under Chapter 32, Human Resources Code; or
                   (B)  covered benefits under the child health plan
program under this chapter;
             (3)  is not covered by a private health benefits plan
offering adequate benefits, as determined by the commission; and
             (4)  satisfies any other eligibility standard imposed
by the commission.
       Sec. 62.203.  BENEFITS COVERAGE.  (a)  Each health plan
provider that provides coverage under the child health plan program
shall offer health benefits coverage to a child determined to be
eligible for coverage under Section 62.202.
       (b)  A child remains eligible for those benefits until the
earlier of:
             (1)  the first anniversary of the date the child
enrolls in a health plan under Subsection (a); or
             (2)  the individual's 19th birthday.
       Sec. 62.204.  PREMIUM PAYMENTS.  (a)  The commission shall
determine the amount of the health plan premium for a child
participating in the transitional child health plan program under
this subchapter. The amount of the premium may not exceed the
premium amount paid by the state to cover a child enrolled in the
child health plan program.
       (b)  The commission may not pay any amount of the premium,
deductible, copayment, coinsurance, or other cost-sharing
obligation related to health benefits coverage offered under the
transitional child health plan program.
       (c)  A participant's health plan coverage under this
subchapter shall be terminated on failure to make timely payments
of the premium to be paid for the coverage.
       Sec. 62.205.  RULES; GUIDELINES.  The executive
commissioner of the commission by rule shall establish:
             (1)  eligibility standards for participants in the
transitional child health plan program under this subchapter; and
             (2)  guidelines for premium payments for health plans
under the program.
       SECTION 2.  Not later than January 1, 2008, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules and guidelines necessary to implement Subchapter E,
Chapter 62, Health and Safety Code, as added by this Act.
       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, 2007.