By: Coleman H.B. No. 11
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the child health plan program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (2), Section 62.002, Health and
  Safety Code, is amended to read as follows:
               (2)  "Executive commissioner" or "commissioner
  [Commissioner]" means the executive commissioner of the Health
  [health] and Human Services Commission [human services].
         SECTION 2.  Subsection (b), Section 62.101, Health and
  Safety Code, is amended to read as follows:
         (b)  The commission shall establish income eligibility
  levels consistent with Title XXI, Social Security Act (42 U.S.C.
  Section 1397aa et seq.), as amended, and any other applicable law or
  regulations, and subject to the availability of appropriated money,
  so that a child who is younger than 19 years of age and whose net
  family income is at or below 300 [200] percent of the federal
  poverty level is eligible for health benefits coverage under the
  program. In addition, the commission may establish eligibility
  standards regarding the amount and types of allowable assets for a
  family whose net family income is above 250 [150] percent of the
  federal poverty level.
         SECTION 3.  Subsections (b) and (c), Section 62.102, Health
  and Safety Code, are amended to read as follows:
         (b)  During the sixth month following the date of initial
  enrollment or reenrollment of an individual whose net family income
  exceeds 285 [185] percent of the federal poverty level, the
  commission shall:
               (1)  review the individual's net family income and may
  use electronic technology if available and appropriate; and
               (2)  continue to provide coverage if the individual's
  net family income does not exceed the income eligibility limits
  prescribed by Section 62.101 [this chapter].
         (c)  If, during the review required under Subsection (b), the
  commission determines that the individual's net family income
  exceeds the income eligibility limits prescribed by Section 62.101
  [this chapter], the commission may not disenroll the individual
  until:
               (1)  the commission has provided the family an
  opportunity to demonstrate that the family's net family income is
  within the income eligibility limits prescribed by Section 62.101
  [this chapter]; and
               (2)  the family fails to demonstrate such eligibility.
         SECTION 4.  Section 62.151, Health and Safety Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  In developing the plan, the commission, subject to
  federal requirements, may choose to provide dental benefits at full
  cost to the enrollee as an available plan option for a child whose
  net family income is greater than 200 percent but not greater than
  300 percent of the federal poverty level.
         SECTION 5.  Section 62.153, Health and Safety Code, is
  amended by amending Subsections (a) and (c) and adding Subsections
  (a-1) and (a-2) to read as follows:
         (a)  To the extent permitted under 42 U.S.C. Section 1397cc,
  as amended, and any other applicable law or regulations, the
  commission shall require enrollees whose net family incomes are at
  or below 200 percent of the federal poverty level to share the cost
  of the child health plan, including provisions requiring enrollees
  under the child health plan to pay:
               (1)  a copayment for services provided under the plan;
               (2)  an enrollment fee; or
               (3)  a portion of the plan premium.
         (a-1)  The commission shall require enrollees whose net
  family incomes are greater than 200 percent but not greater than 300
  percent of the federal poverty level to pay a share of the cost of
  the child health plan through copayments, fees, and a portion of the
  plan premium. The total amount of the share required to be paid
  must:
               (1)  include a portion of the plan premium set at an
  amount determined by the commission that is not more than 2.5
  percent of an enrollee's net family income;
               (2)  exceed the amount required to be paid by enrollees
  described by Subsection (a), but the total amount required to be
  paid may not exceed five percent of an enrollee's net family income;
  and
               (3)  increase incrementally, as determined by the
  commission, as an enrollee's net family income increases.
         (a-2)  In establishing the cost required to be paid by an
  enrollee described by Subsection (a-1) as a portion of the plan
  premium, the commission shall ensure that the cost progressively
  increases as the number of children in the enrollee's family
  provided coverage increases.
         (c)  The [If cost-sharing provisions imposed under
  Subsection (a) include requirements that enrollees pay a portion of
  the plan premium, the] commission shall specify the manner of
  payment for any portion of the plan premium required to be paid by
  an enrollee under this section [in which the premium is paid]. The
  commission may require that the premium be paid to the [Texas
  Department of] Health and Human Services Commission, the [Texas]
  Department of State Health [Human] Services, or the health plan
  provider. The commission shall develop an option for an enrollee to
  pay monthly premiums using direct debits to bank accounts or credit
  cards.
         SECTION 6.  Section 62.154, Health and Safety Code, is
  amended by amending Subsection (d) and adding Subsection (e) to
  read as follows:
         (d)  The waiting period required by Subsection (a) for a
  child whose net family income is at or below 200 percent of the
  federal poverty level must:
               (1)  extend for a period of 90 days after the last date
  on which the applicant was covered under a health benefits plan; and
               (2)  apply to a child who was covered by a health
  benefits plan at any time during the 90 days before the date of
  application for coverage under the child health plan.
         (e)  The waiting period required by Subsection (a) for a
  child whose net family income is greater than 200 percent but not
  greater than 300 percent of the federal poverty level must:
               (1)  extend for a period of 180 days after  the last
  date on which the applicant was covered under a health benefits
  plan; and
               (2)  apply to a child who was covered by a health
  benefits plan at any time during the 180 days before the date of
  application for coverage under the child health plan.
         SECTION 7.  Subchapter D, Chapter 62, Health and Safety
  Code, is amended by adding Section 62.1551 to read as follows:
         Sec. 62.1551.  TERMINATION OF COVERAGE FOR NONPAYMENT OF
  PREMIUMS. (a)  In this section, "lock-out period" means a period
  after coverage is terminated for nonpayment of premiums during
  which a child may not be reenrolled in the child health plan
  program.
         (b)  The executive commissioner by rule shall establish a
  process that allows for the termination of coverage under the child
  health plan of an enrollee whose net family income is greater than
  200 percent but not greater than 300 percent of the federal poverty
  level if the enrollee does not pay the premiums required under
  Section 62.153(a-1).
         (c)  The rules required by Subsection (b) must:
               (1)  address the number of payments that may be missed
  before coverage terminates;
               (2)  address the process for notifying an enrollee of
  pending coverage termination; and
               (3)  provide for an appropriate lock-out period after
  termination for nonpayment.
         SECTION 8.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 9.  This Act does not make an appropriation.  This
  Act takes effect only if a specific appropriation for the
  implementation of the Act is provided in a general appropriations
  act of the 81st Legislature.
         SECTION 10.  This Act takes effect September 1, 2009.