81R2884 JRJ-D

By: Truitt H.B. No. 1875

A BILL TO BE ENTITLED

AN ACT

relating to requiring a health benefit plan for enrollment at certain public institutions of higher education.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51.952, Education Code, is amended to read as follows:

Sec. 51.952. STUDENT HEALTH BENEFIT PLAN REQUIRED FOR ENROLLMENT [INSURANCE]. (a) In this section:

(1) "Health benefit plan" means any health benefit plan regulated under the Insurance Code, including:

(A) an individual, group, or blanket health insurance policy; or

(B) an evidence of coverage issued by a health maintenance organization.

(2) "General academic teaching institution," "medical and dental unit," and "university system" have the meanings assigned by Section 61.003.

(b) This section applies only to a student who is enrolled at a general academic teaching institution or medical and dental unit on a full-time basis, as determined by the institution or unit in accordance with criteria adopted by the institution or unit for purposes of this section.

(c) Notwithstanding any other provision of this code and except as provided by Subsection (g), to enroll at a general academic teaching institution or medical and dental unit for a semester or other academic term, a student must submit to the institution or unit proof acceptable to the institution or unit that the student will for that semester or term be covered by a health benefit plan that meets minimum coverage standards and any other requirement established by the institution or unit for purposes of this subsection.

(d) A general academic teaching institution or medical and dental unit may, directly or through the university system, if any, of which the institution or unit is a component, provide to or sponsor for one or more of the institution's or unit's students a health benefit plan for purposes of this section. In addition to any other fee or charge authorized or required by law, an institution or unit that provides or sponsors a plan may impose on a student enrolling in the plan a charge in an amount not to exceed any cost to the institution or unit, including administrative costs, in sponsoring or providing the plan in relation to that student.

(e) In satisfying the requirement of Subsection (c), a student may select coverage under a health benefit plan provided or sponsored by the general academic teaching institution or medical and dental unit at which the student intends to enroll or may obtain coverage under a plan provided by another entity.

(f) On written request of a student, the general academic teaching institution or medical and dental unit at which the student intends to enroll shall provide for financial aid purposes a reasonable estimate of the cost of the health benefit plan coverage within the student's cost of education. As part of financial aid provided to a student by the institution or unit, the institution or unit may pay all or part of the student's cost for the health benefit plan coverage required by this section.

(g) To provide a student with sufficient time to obtain health benefit plan coverage, a general academic teaching institution or medical and dental unit may provisionally enroll for not more than one semester or other academic term a student who is not covered by a health benefit plan as required by this section.

(h) Each general academic teaching institution or medical and dental unit shall adopt policies and procedures the institution or unit considers necessary to carry out this section. The policies and procedures must establish:

(1) criteria for determining whether this section applies to a particular student at the institution or unit;

(2) minimum coverage standards and any other requirement for a health benefit plan required under this section, regardless of whether the plan is provided or sponsored by the institution or unit or another entity;

(3) the time allowed and manner required for a student to submit to the institution or unit proof that the student will be covered by a health benefit plan for the applicable semester or other academic term;

(4) a time and manner for the institution or unit to:

(A) determine whether a student will for the applicable semester or other academic term be covered by a health benefit plan that meets minimum coverage standards and any other requirement established by the institution or unit; and

(B) notify the student of that determination; and

(5) standards for the institution or unit to use in determining whether proof of health benefit plan coverage submitted by a student for purposes of Subsection (c) is acceptable. [The governing board of a medical and dental unit may require a student enrolled at a medical and dental unit to have in effect during the calendar year of enrollment a health insurance policy for health care services received by the student.

[(b) The governing board of a medical and dental unit shall determine the minimum coverage standards for health insurance required under this section.

[(c) If the student agrees in writing, the medical and dental unit shall provide a reasonable estimate of the cost of the health insurance coverage within the student's cost of education for financial aid purposes.

[(d) If a governing board of a medical and dental unit requires health insurance coverage for students under Subsection (a), a student may be provisionally enrolled at the medical and dental unit for one academic session without the coverage in order to allow the student time to obtain the coverage.

[(e) The governing board of a medical and dental unit may adopt such other rules and regulations as it determines necessary to carry out the purposes of this section.

[(f) In this section, "governing board" and "medical and dental unit" have the meanings assigned by Section 61.003.]

SECTION 2. The changes in law made by this Act apply to enrollment of students at general academic teaching institutions or medical and dental units beginning with the 2010 fall semester.

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, 2009.