80R17398 AJA-D
 
  By: Jackson, Mike S.B. No. 2040
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to coverage for bariatric surgical procedures for certain
state employees.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle B, Title 6, Government Code, is amended
by adding Chapter 672 to read as follows:
CHAPTER 672. BARIATRIC SURGERY BENEFITS FOR STATE EMPLOYEES
       Sec. 672.001.  DEFINITION. In this chapter, "state agency"
means a department, institution, commission, or other agency of the
state.
       Sec. 672.002.  PROVISION OF BENEFIT. (a) In this section,
"service" means personal service to the state creditable in
accordance with rules adopted by the board of trustees of the
Employees Retirement System of Texas.
       (b)  Except as provided by Subsection (c), a state agency may
use available public funds to provide to an employee of the state
agency with at least five years of service coverage for the expenses
of bariatric surgical procedures.
       (c)  Coverage may not be provided to an employee under this
section to the extent that coverage is available to the employee
under Chapter 1551, Insurance Code.
       SECTION 2.  Subchapter E, Chapter 1551, Insurance Code, is
amended by adding Section 1551.228 to read as follows:
       Sec. 1551.228.  COVERAGE FOR BARIATRIC SURGICAL PROCEDURES.
A group health benefit plan offered under the group benefits
program must provide an employee with at least five years of service
coverage for bariatric surgical procedures that is at least as
extensive as the benefit for bariatric surgery provided to Medicare
beneficiaries under the National Coverage Determinations Manual
published by the Centers for Medicare and Medicaid Services on
February 15, 2006.
       SECTION 3.  (a)  An interim committee is created to study
the cost that the state can be expected to incur and the benefits
the state can be expected to realize by providing the coverage for
bariatric surgical procedures for state employees required by
Section 1551.228, Insurance Code, as added by this Act. The
committee's study must include, to the extent feasible, a study of
the costs incurred and benefits realized by any political
subdivision of the state that has provided benefits for bariatric
surgical procedures to the employees of the political subdivision.  
A political subdivision that provides a benefit described by this
subsection shall provide the committee with any information related
to the provision of those benefits, other than information that
would identify the recipient of the benefit.
       (b)  The committee consists of the following five members:
             (1)  two senators appointed by the lieutenant governor;
             (2)  two representatives appointed by the speaker of
the house of representatives; and
             (3)  one member appointed by the governor, who shall
serve as the committee's presiding officer.
       (c)  The committee shall convene at the call of the presiding
officer.
       (d)  The committee has all other powers and duties provided
to a special or select committee by the rules of the senate and
house of representatives, by Subchapter B, Chapter 301, Government
Code, and by policies of the senate and house committees on
administration.
       (e)  From the contingent expense fund of the senate and the
contingent expense fund of the house of representatives equally,
the members of the committee are entitled to reimbursement for
expenses incurred in carrying out the provisions of this Act in
accordance with the rules of the senate and house of
representatives and the policies of the senate and house committees
on administration.
       (f)  Not later than January 15, 2009, the committee shall
report the committee's findings and recommendations to the
lieutenant governor, the speaker of the house of representatives,
and the governor.  The committee shall include in its
recommendations specific statutory changes that appear necessary
or advisable from the results of the committee's study under
Subsection (a) of this section, including changes to the
eligibility requirements or benefit levels under Section 1551.228,
Insurance Code, as added by this Act, or the repeal of that section.
       (g)  Not later than the 60th day after the effective date of
this Act, the lieutenant governor, the speaker of the house of
representatives, and the governor shall appoint the members of the
interim committee created under this section.
       (h)  This section expires September 1, 2009.
       SECTION 4.  The change in law made by Section 1551.228,
Insurance Code, as added by this Act, applies to health benefit
plans provided under Chapter 1551, Insurance Code, beginning with
the 2010-2011 plan year.
       SECTION 5.  This Act takes effect September 1, 2007.