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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for the child health plan program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.002(2), Health and Safety Code, is |
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amended to read as follows: |
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(2) "Executive commissioner" or "commissioner |
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[Commissioner]" means the executive commissioner of the Health |
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[health] and Human Services Commission [human services]. |
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SECTION 2. Section 62.101(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission shall establish income eligibility |
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levels consistent with Title XXI, Social Security Act (42 U.S.C. |
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Section 1397aa et seq.), as amended, and any other applicable law or |
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regulations, and subject to the availability of appropriated money, |
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so that a child who is younger than 19 years of age and whose net |
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family income is at or below 300 [200] percent of the federal |
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poverty level is eligible for health benefits coverage under the |
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program. In addition, the commission may establish eligibility |
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standards regarding the amount and types of allowable assets for a |
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family whose net family income is above 250 [150] percent of the |
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federal poverty level. |
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SECTION 3. Section 62.102(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The [Subject to a review under Subsection (b), the] |
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commission shall provide that an individual who is determined to be |
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eligible for coverage under the child health plan remains eligible |
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for those benefits until the earlier of: |
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(1) the end of a period not to exceed 12 months, |
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beginning the first day of the month following the date of the |
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eligibility determination; or |
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(2) the individual's 19th birthday. |
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SECTION 4. Chapter 62, Health and Safety Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. BUY-IN OPTION |
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Sec. 62.251. BUY-IN OPTION FOR CERTAIN CHILDREN. The |
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executive commissioner shall develop and implement a buy-in option |
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in accordance with this subchapter under which children whose net |
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family incomes exceed 300 percent of the federal poverty level are |
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eligible to purchase health benefits coverage available under the |
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child health plan program. |
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Sec. 62.252. RULES; ELIGIBILITY AND COST-SHARING. (a) The |
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executive commissioner shall adopt rules in accordance with federal |
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law that apply to a child for whom health benefits coverage is |
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purchased under this subchapter. The rules must: |
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(1) establish eligibility requirements; |
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(2) require payment of 100 percent of the health |
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benefits plan premium and additional deductibles, coinsurance, or |
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other cost-sharing payments as determined by the executive |
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commissioner; and |
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(3) provide for a waiting period. |
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(b) Notwithstanding any other provision of this chapter, |
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the executive commissioner may establish rules and procedures for |
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children for whom health benefits coverage is purchased under this |
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subchapter that differ from the rules and procedures generally |
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applicable to the child health plan program. |
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Sec. 62.253. CROWD-OUT. To the extent allowed by federal |
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law, the buy-in option developed under this subchapter must include |
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provisions designed to discourage: |
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(1) employers and other persons from electing to |
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discontinue offering health benefits plan coverage for employees' |
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children under employee or other group health benefits plans; and |
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(2) individuals with access to adequate health |
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benefits plan coverage for their children from electing not to |
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obtain, or to discontinue, that coverage. |
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SECTION 5. Sections 62.102(b) and (c), Health and Safety |
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Code, are repealed. |
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SECTION 6. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as necessary to implement Subchapter F, Chapter 62, |
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Health and Safety Code, as added by this Act. |
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SECTION 7. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 8. This Act takes effect September 1, 2009. |