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A BILL TO BE ENTITLED
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AN ACT
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relating to universal health coverage for Texans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. UNIVERSAL HEALTH COVERAGE |
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SECTION 1.01. The Health and Safety Code is amended by |
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adding Title 13 to read as follows: |
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TITLE 13. UNIVERSAL HEALTH COVERAGE FOR TEXANS |
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SUBTITLE A. GOVERNANCE OF HEALTH COVERAGE PROGRAM |
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CHAPTER 2001. GENERAL PROVISIONS |
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Sec. 2001.001. DEFINITIONS. In this title: |
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(1) "Agency" means the Texas Health Coverage Agency. |
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(2) "Board" means the board of the Texas Health |
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Coverage Agency. |
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(3) "Commissioner" means the commissioner of health |
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coverage. |
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(4) "Finance director" means the finance director of |
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the system. |
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(5) "System" means the Texas Health Coverage System. |
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CHAPTER 2002. GOVERNANCE OF TEXAS HEALTH COVERAGE AGENCY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2002.001. DUTIES OF AGENCY. The Texas Health Coverage |
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Agency administers the Texas Health Coverage System under this |
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title. |
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Sec. 2002.002. SUNSET PROVISION. The agency is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the agency is abolished |
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September 1, 2017. |
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Sec. 2002.003. GRANTS; FEDERAL FUNDING. The agency may |
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accept gifts, grants, and donations, including grants from the |
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federal government, to administer this title and provide health |
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coverage through the system. |
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[Sections 2002.004-2002.050 reserved for expansion] |
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SUBCHAPTER B. COMMISSIONER |
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Sec. 2002.051. COMMISSIONER. (a) The commissioner of health |
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coverage is appointed by the governor with the advice and consent of |
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the senate. |
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(b) The commissioner shall be appointed without regard to |
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race, color, disability, sex, religion, age, or national origin. |
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Sec. 2002.052. TERM. The commissioner serves a two-year |
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term expiring on February 1 of each odd-numbered year. |
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Sec. 2002.053. ELIGIBILITY FOR SERVICE. (a) In this |
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section, "Texas trade association" means a cooperative and |
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voluntarily joined statewide association of business or |
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professional competitors in this state designed to assist its |
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members and its industry or profession in dealing with mutual |
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business or professional problems and in promoting their common |
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interest. |
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(b) A person is not eligible to serve as commissioner if, at |
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any time within two years before the date on which service as |
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commissioner begins: |
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(1) the person is an officer, employee, or paid |
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consultant of a business or Texas trade association in the field of |
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health care, health insurance, pharmaceuticals, or medical |
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equipment; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a business or Texas trade association in the field of |
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health care, health insurance, pharmaceuticals, or medical |
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equipment. |
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(c) A person may not serve as commissioner if the person is |
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required to register as a lobbyist under Chapter 305, Government |
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Code, because of the person's activities for compensation on behalf |
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of a profession related to the operation of the agency. |
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Sec. 2002.054. TRAINING. (a) A person who is appointed to |
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and qualifies for office as commissioner must complete a training |
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program that complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) this title; |
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(2) the programs, functions, rules, and budget of the |
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agency; |
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(3) the results of the most recent formal audit of the |
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agency; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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(5) any applicable ethics policies adopted by the |
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agency or the Texas Ethics Commission. |
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Sec. 2002.055. POWERS AND DUTIES OF COMMISSIONER. (a) The |
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commissioner is the executive officer of the agency and is |
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responsible for administering the agency and the system. |
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(b) The commissioner may: |
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(1) set rates for payment by and to the system, |
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including premium payments owed to the system, and establish the |
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budget for the system; |
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(2) establish system objectives, priorities, and |
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standards; |
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(3) employ agency personnel; and |
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(4) allocate system resources in accordance with this |
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title. |
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(c) The commissioner may adopt rules to administer the |
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system and implement this title in accordance with Subchapter B, |
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Chapter 2001, Government Code. |
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Sec. 2002.056. SYSTEM OFFICERS. The commissioner shall |
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appoint the following system officers: |
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(1) a regional director for each region; |
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(2) a consumer advocate for the system; |
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(3) a chief medical officer for the system; |
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(4) a health care planning director; and |
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(5) a finance director. |
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[Sections 2002.057-2002.100 reserved for expansion] |
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SUBCHAPTER C. HEALTH COVERAGE POLICY BOARD AND ADVISORY COMMITTEE |
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Sec. 2002.101. HEALTH COVERAGE POLICY BOARD. (a) The health |
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coverage policy board establishes policy for the system and advises |
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the commissioner concerning the operation of the system. The board |
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assists the commissioner to establish: |
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(1) system objectives, priorities, and standards; |
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(2) the scope of services provided by the system; |
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(3) guidelines for evaluating the performance of the |
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system; and |
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(4) guidelines for ensuring public input. |
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(b) The health coverage policy board is composed of nine |
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members appointed by the governor with the advice and consent of the |
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senate. The commissioner serves as the presiding officer of the |
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board. |
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(c) The appointed members of the health coverage policy |
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board serve six-year staggered terms, with three members' terms |
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expiring on February 1 of each odd-numbered year. |
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Sec. 2002.102. HEALTH COVERAGE ADVISORY COMMITTEE. (a) The |
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health coverage advisory committee advises the commissioner and the |
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health coverage policy board concerning the implementation of the |
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system. |
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(b) The health coverage advisory committee is composed of: |
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(1) four members appointed by the governor, including |
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one public member; |
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(2) four members appointed by the lieutenant governor, |
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including one public member; and |
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(3) four members appointed by the speaker of the house |
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of representatives, including one public member. |
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(c) Members of the committee, other than public members, |
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must include and represent the interests of: |
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(1) physicians, nurses, dentists, pharmacists, mental |
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health providers, hospitals, and other health care practitioners |
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and facilities; |
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(2) employers; and |
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(3) employees. |
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(d) Members of the health coverage advisory committee serve |
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two-year terms. |
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Sec. 2002.103. DISCRIMINATION PROHIBITED. The members of |
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the health coverage policy board and health coverage advisory |
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committee shall be appointed without regard to race, color, |
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disability, sex, religion, age, or national origin. |
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Sec. 2002.104. ELIGIBILITY. (a) A person may not be a public |
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member of the health coverage advisory committee if the person or |
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the person's spouse: |
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(1) is registered, certified, or licensed by a |
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regulatory agency in the field of health care, health insurance, |
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pharmaceuticals, or medical equipment; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving money from the agency; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving money from the agency; or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or money from the agency other than compensation |
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or reimbursement authorized by law for committee membership, |
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attendance, or expenses. |
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(b) A person may not be a member of the health coverage |
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policy board or health coverage advisory committee if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of health care, |
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health insurance, pharmaceuticals, or medical equipment; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of health care, |
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health insurance, pharmaceuticals, or medical equipment. |
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(c) It is a ground for removal from the health coverage |
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policy board or health coverage advisory committee that a member: |
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(1) is ineligible for membership under this |
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subchapter; |
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(2) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(3) is absent from more than half of the regularly |
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scheduled board or committee meetings that the member is eligible |
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to attend during a calendar year without an excuse approved by a |
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majority vote of the board or committee, as applicable. |
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(d) A person may not serve as a member of the health coverage |
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policy board or health coverage advisory committee if the person is |
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required to register as a lobbyist under Chapter 305, Government |
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Code, because of the person's activities for compensation on behalf |
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of a profession related to the operation of the agency. |
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(e) If the commissioner has knowledge that a potential |
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ground for removal exists, the commissioner shall notify the |
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presiding officer of the board or committee, as applicable, of the |
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potential ground. The presiding officer shall then notify the |
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governor and the attorney general that a potential ground for |
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removal exists. If the potential ground for removal involves the |
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presiding officer, the commissioner shall notify the next highest |
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ranking officer of the board or committee, as applicable, who shall |
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then notify the governor and the attorney general that a potential |
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ground for removal exists. |
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Sec. 2002.105. TRAINING. (a) A person who is appointed to |
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and qualifies for office as a member of the health coverage policy |
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board or health coverage advisory committee may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the board or committee until the person completes a training |
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program that complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) this title; |
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(2) the programs, functions, rules, and budget of the |
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agency; |
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(3) the results of the most recent formal audit of the |
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agency; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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(5) any applicable ethics policies adopted by the |
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agency or the Texas Ethics Commission. |
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(c) A person appointed to the health coverage policy board |
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or health coverage advisory committee is entitled to reimbursement, |
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as provided by the General Appropriations Act, for the travel |
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expenses incurred in attending the training program regardless of |
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whether the attendance at the program occurs before or after the |
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person qualifies for office. |
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Sec. 2002.106. COMPENSATION; REIMBURSEMENT. A person |
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appointed to the health coverage policy board or health coverage |
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advisory committee is not entitled to compensation for service on |
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the board or committee but is entitled to reimbursement, as |
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provided by the General Appropriations Act, for the expenses |
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incurred in attending board or committee meetings or performing |
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other official functions of the board or committee. |
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Sec. 2002.107. APPLICABILITY OF OTHER LAW. Chapter 2110, |
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Government Code, does not apply to the health coverage advisory |
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committee. |
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[Sections 2002.108-2002.150 reserved for expansion] |
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SUBCHAPTER D. OFFICE OF PATIENT ADVOCACY |
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Sec. 2002.151. OFFICE ESTABLISHED. The office of patient |
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advocacy is within the agency and is operated under the direction of |
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the consumer advocate. |
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Sec. 2002.152. DUTIES OF OFFICE. The office: |
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(1) represents the interests of the public and |
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consumers of health care; |
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(2) assists patients to obtain health care services |
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and benefits through the system; |
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(3) acts as an advocate for patients receiving |
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services and benefits through the system; and |
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(4) responds to complaints made to the agency. |
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[Sections 2002.153-2002.200 reserved for expansion] |
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SUBCHAPTER E. INSPECTOR GENERAL FOR HEALTH COVERAGE |
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Sec. 2002.201. INSPECTOR GENERAL APPOINTED. The inspector |
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general for health coverage is appointed by the governor with the |
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advice and consent of the senate. |
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Sec. 2002.202. DUTIES OF INSPECTOR GENERAL. (a) The |
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inspector general for health coverage shall investigate |
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allegations of fraud, mismanagement, or other illegal or improper |
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activity in the system. |
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(b) The inspector general may refer any matter to the |
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attorney general, an appropriate prosecuting attorney, or a |
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regulatory agency of this state for criminal prosecution or |
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disciplinary action in accordance with law. |
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[Sections 2002.203-2002.250 reserved for expansion] |
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SUBCHAPTER F. OFFICE OF HEALTH CARE PLANNING |
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Sec. 2002.251. OFFICE. The office of health care planning |
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is within the agency and operates under the direction of the health |
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planning director. |
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Sec. 2002.252. DUTIES OF OFFICE. (a) The office of health |
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care planning shall assist the commissioner to plan for the |
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short-term and long-term health care needs of eligible residents of |
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this state in accordance with this title and the policies |
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established by the commissioner. |
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(b) The office of health care planning shall evaluate the |
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health care workforce and facility needs of this state, identify |
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medically underserved areas of this state, and develop plans to |
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provide services within those areas. |
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(c) The office of health care planning shall assist the |
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commissioner in developing performance criteria applicable to |
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health care goals. |
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[Sections 2002.253-2002.300 reserved for expansion] |
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SUBCHAPTER G. HEALTH CARE PLANNING REGIONS |
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Sec. 2002.301. HEALTH CARE PLANNING REGIONS ESTABLISHED. |
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(a) The commissioner shall establish geographically contiguous |
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health care planning regions for the state on the basis of: |
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(1) patterns of usage of health care services; |
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(2) health care resources, including health care |
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workforce resources; and |
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(3) health care needs, including public health needs. |
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(b) To the extent consistent with Subsection (a), the |
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commissioner may designate, as the health care planning regions, |
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the public health regions established by the Department of State |
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Health Services under Chapter 121. |
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Sec. 2002.302. REGIONAL DIRECTOR. The commissioner shall |
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appoint a regional director for each health care planning region. |
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The regional director administers the health care planning region |
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and establishes health policy for the region. |
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Sec. 2002.303. REGIONAL MEDICAL OFFICER. The commissioner |
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shall appoint a regional medical officer for each health care |
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planning region. The regional medical officer, in consultation with |
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the commissioner and the officers of the system, administers the |
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regional health care system and evaluates the quality of care in the |
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region. |
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Sec. 2002.304. REGIONAL PLANNING BOARD. The commissioner |
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shall appoint a regional planning board for each health care |
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planning region. The regional planning board shall advise the |
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regional director concerning health policy for the region. |
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[Sections 2002.305-2002.350 reserved for expansion] |
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SUBCHAPTER H. OFFICE OF TRANSITION ASSISTANCE |
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Sec. 2002.351. TRANSITION ASSISTANCE. The office of |
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transition assistance is within the agency and operates under the |
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direction of the commissioner. |
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Sec. 2002.352. DUTIES OF OFFICE. The office of transition |
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assistance shall provide assistance to individuals who lose |
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employment, directly or indirectly, as a result of the |
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implementation of the system. Assistance under this subchapter may |
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include job training and job placement. |
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Sec. 2002.353. EXPIRATION. This subchapter expires |
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December 31, 2012. |
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CHAPTER 2003. FISCAL MANAGEMENT |
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SUBCHAPTER A. HEALTH COVERAGE FUND |
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Sec. 2003.001. FUND. The health coverage fund is a fund in |
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the state treasury. The fund is composed of: |
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(1) revenue deposited to the fund under Section |
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171.4012, Tax Code; |
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(2) federal funds allocated to the fund; and |
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(3) other money allocated to the fund under law. |
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Sec. 2003.002. ADMINISTRATION OF FUND. (a) The finance |
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director administers the fund under the supervision and direction |
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of the commissioner. |
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(b) The finance director may employ actuaries, accountants, |
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and other experts as necessary to perform the finance director's |
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duties under law. |
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Sec. 2003.003. USE OF FUND. (a) Money in the fund may be |
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used in accordance with the General Appropriations Act to pay |
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claims for health care services provided through the system and the |
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administrative costs of the system. |
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(b) Not more than five percent of the money in the fund may |
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be used for administrative costs of the system. |
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(c) Notwithstanding Subsection (b), not more than 10 |
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percent of the money in the fund may be used for administrative |
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costs of the system. This subsection expires August 31, 2020. |
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Sec. 2003.004. LEGISLATIVE APPROPRIATION REQUEST. (a) Not |
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later than November 1 of each even-numbered year, the commissioner, |
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in consultation with the finance director, shall submit to the |
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Legislative Budget Board: |
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(1) an estimate of projected system revenues under |
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this title and Section 171.4012, Tax Code; |
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(2) an estimate of projected system liabilities for |
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the succeeding fiscal biennium; and |
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(3) a legislative appropriation request for the |
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succeeding fiscal biennium. |
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(b) The legislative appropriation request shall specify |
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amounts to be allocated to the health care planning regions for |
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health care services in those regions. |
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(c) The legislative appropriation request must include |
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amounts necessary to provide transition assistance to individuals |
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who lose employment, directly or indirectly, as a result of the |
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implementation of the system. This subsection expires December 31, |
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2012. |
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Sec. 2003.005. RESERVES FOR FUTURE SYSTEM LIABILITY. The |
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comptroller, at the direction of the finance director, shall |
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establish one or more separate accounts for system reserves against |
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future liability. |
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Sec. 2003.006. DUTY TO MONITOR SYSTEM SOLVENCY; NOTICE TO |
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LEGISLATURE; COST CONTAINMENT. (a) The finance director shall |
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monitor the solvency of the system. If the finance director |
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determines that system liabilities may exceed system revenue in any |
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year, the finance director shall notify the commissioner, the |
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health coverage policy board, the governor, the lieutenant |
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governor, and the speaker of the house of representatives. |
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(b) After notice under Subsection (a), the commissioner, in |
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consultation with the finance director and with the approval of the |
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health coverage policy board, may implement cost containment |
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measures and may require each regional planning board to impose |
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cost containment measures within the region subject to the board's |
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jurisdiction. |
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[Sections 2003.007-2003.050 reserved for expansion] |
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SUBCHAPTER B. FEDERAL FUNDING |
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Sec. 2003.051. APPLICATION FOR FEDERAL FUNDING. The |
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commissioner, through applications for appropriate waivers from |
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the Centers for Medicare and Medicaid Services or another |
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appropriate funding source, shall seek federal funding for the |
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operation of the system. |
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[Sections 2003.052-2003.100 reserved for expansion] |
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SUBCHAPTER C. CLAIMS PAYMENT |
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Sec. 2003.101. RATES AND TERMS OF PAYMENT. The finance |
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director, with the approval of the commissioner, shall establish |
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the rate and terms applicable to payment of claims for health care |
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services provided to eligible residents under the system. |
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Sec. 2003.102. CLAIMS PAYMENT PROCEDURES. (a) The finance |
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director shall implement procedures for electronic submission and |
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payment of claims for health care services provided to eligible |
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residents through the system. |
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(b) The claims payment procedures may include an |
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alternative claims submission and payment method. |
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[Chapters 2004-2100 reserved for expansion] |
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SUBTITLE B. TEXAS HEALTH COVERAGE SYSTEM |
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CHAPTER 2101. ELIGIBILITY |
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SUBCHAPTER A. GENERAL ELIGIBILITY REQUIREMENTS |
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Sec. 2101.001. RESIDENTS AND CERTAIN EMPLOYEES ELIGIBLE. |
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Except as otherwise provided by this chapter, each resident of this |
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state is eligible for health coverage provided through the system. |
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Sec. 2101.002. UNAUTHORIZED ALIEN INELIGIBLE. (a) A person |
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who is not lawfully admitted for residence in the United States is |
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not eligible for health coverage provided through the system. |
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(b) To the extent required by federal law, the system shall |
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provide emergency services to a person otherwise ineligible for |
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health coverage through the system under this section. |
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Sec. 2101.003. MILITARY PERSONNEL. United States military |
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personnel are not eligible for health coverage provided through the |
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system. |
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Sec. 2101.004. CERTAIN INMATES. A person covered by a |
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managed health care plan for persons confined under the |
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jurisdiction of the Texas Department of Criminal Justice is not |
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eligible for health coverage provided through the system. |
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Sec. 2101.005. WORKERS' COMPENSATION. Coverage is not |
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provided through the system for services covered under a program of |
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workers' compensation insurance. |
|
[Sections 2101.006-2101.050 reserved for expansion] |
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SUBCHAPTER B. ELIGIBILITY DETERMINATIONS |
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Sec. 2101.051. VERIFICATION OF ELIGIBILITY. The |
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commissioner by rule shall adopt procedures for verifying residence |
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as necessary to establish eligibility for health coverage provided |
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through the system. |
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Sec. 2101.052. RESIDENCE OF MINOR. For purposes of this |
|
chapter, an unmarried, unemancipated minor has the same residency |
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status as the minor's parent or managing conservator. |
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Sec. 2101.053. EVIDENCE OF COVERAGE. The system may issue |
|
an identification card or other evidence of coverage to be used by |
|
an eligible resident to show proof that the resident is eligible for |
|
health coverage provided through the system. |
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Sec. 2101.054. PRESUMPTION APPLICABLE TO CERTAIN |
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INDIVIDUALS. A health care facility is entitled to presume that a |
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person who arrives at the facility and who is unable to provide |
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proof of eligibility because the person is unconscious, is in need |
|
of emergency services, or is in need of acute psychiatric care is an |
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eligible resident. |
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[Sections 2101.055-2101.100 reserved for expansion] |
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SUBCHAPTER C. SERVICES PROVIDED TO NONRESIDENTS |
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Sec. 2101.101. PAYMENT OF CLAIMS AUTHORIZED. The system |
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may, in accordance with rules adopted by the commissioner, pay a |
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claim for health care services provided to a nonresident who is |
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temporarily in this state. The nonresident remains liable for the |
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cost of all services provided to the nonresident through the |
|
system. |
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CHAPTER 2102. HEALTH CARE SERVICES |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 2102.001. COVERAGE FOR HEALTH CARE SERVICES. The |
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system must provide coverage for medically necessary health care |
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services for an eligible resident at at least the level at which |
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those services were provided under the state acute care Medicaid |
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program, as that program existed on January 1, 2007. |
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Sec. 2102.002. LONG-TERM CARE. Notwithstanding Section |
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2102.001, the system may not provide coverage for long-term care |
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services. |
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[Sections 2102.003-2102.050 reserved for expansion] |
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SUBCHAPTER B. OUT-OF-STATE BENEFITS |
|
Sec. 2102.051. TEMPORARY BENEFITS. The system must provide |
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health coverage for medically necessary health care services |
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provided to an eligible resident who is out of this state for a |
|
temporary period not to exceed 90 days. |
|
Sec. 2102.052. ELIGIBILITY. The commissioner by rule shall |
|
establish procedures for verifying eligibility for health coverage |
|
provided through the system under this subchapter. |
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Sec. 2102.053. EMERGENCY SERVICES. The system shall pay a |
|
claim for emergency services under this subchapter at the usual and |
|
customary rate for those services at the place at which the services |
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are provided. |
|
Sec. 2102.054. CLAIMS FOR SERVICES OTHER THAN EMERGENCY |
|
SERVICES. The system shall pay a claim for services not under this |
|
subchapter, other than emergency services, at a rate established by |
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the commissioner. |
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CHAPTER 2103. COST SHARING |
|
Sec. 2103.001. COPAYMENTS REQUIRED. The finance director, |
|
with the approval of the commissioner, shall establish copayment |
|
amounts to be paid at the point of service by an eligible resident |
|
receiving health care services for which coverage is provided |
|
through the system. |
|
Sec. 2103.002. DEDUCTIBLE AMOUNTS. The finance director, |
|
with the approval of the commissioner, shall establish deductible |
|
amounts that an eligible resident receiving health care services is |
|
responsible to pay before coverage is provided through the system. |
|
Sec. 2103.003. LIMITS ON COPAYMENTS AND DEDUCTIBLES. The |
|
total amount payable for services provided through the system with |
|
respect to an eligible resident, including copayment and deductible |
|
amounts paid under this chapter, may not exceed five percent of the |
|
eligible resident's family income, as determined under rules of the |
|
commissioner. |
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CHAPTER 2104. HEALTH CARE PROVIDERS |
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Sec. 2104.001. ANY WILLING PROVIDER. (a) An eligible |
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resident may select any physician, health care practitioner, or |
|
health care facility to provide medically necessary services within |
|
the scope of the license or other authorization of the physician, |
|
practitioner, or facility if the physician, practitioner, or |
|
facility agrees to accept payment for claims from the system |
|
subject to the terms imposed in accordance with this title. |
|
(b) A physician, health care practitioner, or health care |
|
facility is subject to credentialing under the system in the same |
|
manner as the physician, practitioner, or facility is subject to |
|
the credentialing requirements applicable under the state Medicaid |
|
program as that program existed on January 1, 2007. |
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Sec. 2104.002. PRIMARY CARE PROVIDER; REQUIRED REFERRAL. |
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The commissioner by rule shall establish requirements under which |
|
an eligible resident must designate a primary care provider and |
|
must obtain a referral from that provider to obtain coverage for |
|
specialty care services. The system shall use the same methodology |
|
for primary care case management and referral as applicable under |
|
the state Medicaid program as that program existed on January 1, |
|
2007. |
|
ARTICLE 2. FUNDING; FRANCHISE TAX |
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SECTION 2.01. Sections 171.002(a) and (b), Tax Code, as |
|
effective January 1, 2008, are amended to read as follows: |
|
(a) Except [Subject to Section 171.003 and except] as |
|
provided by Subsection (b), the rate of the franchise tax is 1.5 |
|
[one] percent per year of privilege period of taxable margin. |
|
(b) The rate of the franchise tax is one [0.5] percent per |
|
year of privilege period of taxable margin for those taxable |
|
entities primarily engaged in retail or wholesale trade. |
|
SECTION 2.02. Section 171.4011(a), Tax Code, as effective |
|
September 1, 2007, is amended to read as follows: |
|
(a) Notwithstanding Section 171.401, beginning with the |
|
state fiscal year that begins September 1, 2007, the comptroller |
|
shall, for each state fiscal year, deposit to the credit of the |
|
property tax relief fund under Section 403.109, Government Code, an |
|
amount of revenue calculated by: |
|
(1) determining the revenue derived from the tax |
|
imposed by this chapter as it applied during that applicable state |
|
fiscal year at the rates of: |
|
(A) one percent for taxable entities that are not |
|
primarily engaged in retail or wholesale trade; and |
|
(B) 0.5 percent for taxable entities that are |
|
primarily engaged in retail or wholesale trade; and |
|
(2) subtracting the revenue the comptroller estimates |
|
that the tax imposed by this chapter, as it existed on August 31, |
|
2007, would have generated if it had been in effect for that |
|
applicable state fiscal year. |
|
SECTION 2.03. Subchapter I, Chapter 171, Tax Code, is |
|
amended by adding Section 171.4012 to read as follows: |
|
Sec. 171.4012. ALLOCATION OF CERTAIN REVENUE TO THE HEALTH |
|
COVERAGE FUND. (a) Notwithstanding Sections 171.401 and 171.4011, |
|
beginning with the state fiscal year that begins September 1, 2007, |
|
the comptroller shall, for each state fiscal year, deposit to the |
|
credit of the health coverage fund under Section 2003.001, Health |
|
and Safety Code, an amount of revenue calculated by: |
|
(1) determining the revenue derived from the tax |
|
imposed by this chapter as it applied during that applicable state |
|
fiscal year; and |
|
(2) subtracting the revenue the comptroller is |
|
required to allocate to the property tax relief fund and general |
|
revenue fund under Sections 171.401 and 171.4011. |
|
(b) If the amount under Subsection (a) is less than zero, |
|
the comptroller shall consider the amount to be zero. |
|
SECTION 2.04. Section 171.003, Tax Code, as effective |
|
January 1, 2008, is repealed. |
|
SECTION 2.05. This article applies only to a report |
|
originally due on or after the effective date of this article. |
|
SECTION 2.06. This article takes effect January 1, 2008. |
|
ARTICLE 3. CONFORMING AMENDMENTS |
|
SECTION 3.01. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Section 531.0001 to read as follows: |
|
Sec. 531.0001. COORDINATION WITH TEXAS HEALTH COVERAGE |
|
SYSTEM. (a) Notwithstanding any provision of this chapter or any |
|
other law of this state, on and after January 1, 2010, the Texas |
|
Health Coverage System is responsible for administering the system |
|
for providing health coverage and health care services in this |
|
state. |
|
(b) The Health and Human Services Commission and each health |
|
and human services agency remain responsible for safety and |
|
licensing functions within the jurisdiction of the commission or |
|
the agency before January 1, 2010, but, except as provided by |
|
Subsection (c), functions of the commission or agency relating to |
|
the provision of health coverage or health care services are |
|
transferred to the Texas Health Coverage Agency in accordance with |
|
Title 13, Health and Safety Code. |
|
(c) The Health and Human Services Commission and each health |
|
and human services agency remain responsible for long-term care |
|
services provided under the state Medicaid program. |
|
SECTION 3.02. Chapter 30, Insurance Code, is amended by |
|
adding Section 30.005 to read as follows: |
|
Sec. 30.005. COORDINATION WITH TEXAS HEALTH COVERAGE |
|
SYSTEM. Notwithstanding any provision of this code or any other law |
|
of this state, on and after January 1, 2010, an insurer, health |
|
maintenance organization, or other entity may not offer a health |
|
benefits plan in this state to the extent that plan duplicates |
|
coverage provided under the Texas Health Coverage System. |
|
ARTICLE 4. TRANSITION PLAN |
|
SECTION 4.01. Not later than October 1, 2007, the governor |
|
shall appoint the commissioner of health coverage in accordance |
|
with Chapter 2002, Health and Safety Code, as added by this Act. |
|
SECTION 4.02. (a) Not later than January 1, 2008, the |
|
commissioner of health coverage shall appoint a transition advisory |
|
group. The transition advisory group must include representatives |
|
of the public, the health care industry, and issuers of health |
|
benefit plans and other experts identified by the commissioner. |
|
(b) In consultation with the transition advisory group, the |
|
commissioner of health coverage shall develop a plan for the |
|
orderly implementation of Title 13, Health and Safety Code, as |
|
added by this Act. The plan must include provisions to assist |
|
individuals who lose employment, directly or indirectly, as a |
|
result of the implementation of the system. |
|
SECTION 4.03. The Texas Health Coverage System shall become |
|
effective to provide coverage in accordance with Title 13, Health |
|
and Safety Code, as added by this Act, not later than January 1, |
|
2010. |
|
SECTION 4.04. (a) In this section, "affected state agency" |
|
means: |
|
(1) the Health and Human Services Commission; |
|
(2) the Texas Department of Insurance; |
|
(3) the Department of State Health Services; |
|
(4) the Department of Assistive and Rehabilitative |
|
Services; |
|
(5) the Department of Aging and Disability Services; |
|
(6) the Department of Family and Protective Services; |
|
(7) the Employees Retirement System of Texas; |
|
(8) the Teacher Retirement System of Texas; |
|
(9) The Texas A&M University System; and |
|
(10) The University of Texas System. |
|
(b) Effective January 1, 2010, or on an earlier date |
|
specified by the commissioner of health coverage: |
|
(1) the property and records of each affected state |
|
agency related to the administration of health coverage, health |
|
benefits, or health care services within the jurisdiction of the |
|
Texas Health Coverage Agency are tranferred to the Texas Health |
|
Coverage Agency to assist that agency to begin administering Title |
|
13, Health and Safety Code, as added by this Act, as efficiently as |
|
practicable; |
|
(2) all powers, duties, functions, activities, |
|
obligations, rights, contracts, records, property, and |
|
appropriations or other money of the affected state agency related |
|
to the administration of health coverage, health benefits, or |
|
health care services within the jurisdiction of the Texas Health |
|
Coverage Agency are transferred to the Texas Health Coverage |
|
Agency; |
|
(3) a rule or form adopted by each affected state |
|
agency related to the administration of health coverage, health |
|
benefits, or health care services within the jurisdiction of the |
|
Texas Health Coverage Agency is a rule or form of the Texas Health |
|
Coverage Agency and remains in effect until altered by that agency; |
|
and |
|
(4) a reference in law or an administrative rule to an |
|
affected state agency that relates to the administration of health |
|
coverage, health benefits, or health care services within the |
|
jurisdiction of the Texas Health Coverage Agency means the Texas |
|
Health Coverage Agency. |
|
(c) An employee of an affected state agency employed on the |
|
effective date of this Act who performs a function that relates to |
|
the administration of health coverage, health benefits, or health |
|
care services within the jurisdiction of the Texas Health Coverage |
|
Agency does not automatically become an employee of the Texas |
|
Health Coverage Agency. To become an employee of the Texas Health |
|
Coverage Agency, a person must apply for a position at the Texas |
|
Health Coverage Agency. In establishing the Texas Health Coverage |
|
Agency in accordance with the transition plan developed under |
|
Section 4.02 of this Act, the Texas Health Coverage Agency shall |
|
give preference in employment to employees described by this |
|
subsection who have the necessary qualifications for employment |
|
with the Texas Health Coverage Agency. |
|
(d) Until the date of the transfer specified by Subsection |
|
(b) of this section, and subject to the transition plan developed |
|
under Section 4.02 of this Act, each affected state agency shall |
|
continue to exercise the powers and perform the duties assigned to |
|
the state agency under the law as it existed immediately before the |
|
effective date of this Act or as modified by another Act of the 80th |
|
Legislature, Regular Session, 2007, that becomes law, and the |
|
former law is continued in effect for that purpose. |
|
ARTICLE 5. EFFECTIVE DATE |
|
SECTION 5.01. 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. |