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A BILL TO BE ENTITLED
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AN ACT
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relating to promoting awareness and education about the purchase |
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and availability of health coverage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 524, Insurance Code, is amended to read |
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as follows: |
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CHAPTER 524. TEXLINK TO HEALTH COVERAGE [AWARENESS AND
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EDUCATION] PROGRAM |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 524.001. DEFINITIONS. In this chapter: |
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(1) "Division" means the division of the department |
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that administers the TexLink to Health Coverage Program. |
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(2) "Program" means the TexLink to Health Coverage |
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Program established in accordance with this chapter. |
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Sec. 524.002. DIVISION RESPONSIBILITIES. Under the |
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direction of the commissioner, the division implements this |
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chapter. |
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Sec. 524.003. TEXLINK TO HEALTH COVERAGE PROGRAM |
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ESTABLISHED. (a) The department shall develop and implement a |
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health coverage [public awareness and education] program that |
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complies with this chapter. The program must: |
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(1) educate the public about the importance and value |
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of health coverage; |
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(2) promote personal responsibility for health care |
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through the purchase of health coverage; |
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(3) assist small employers, individuals, and others |
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seeking to purchase health coverage with technical information |
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necessary to understand available health coverage products; |
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(4) promote and facilitate the development and |
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availability of new health coverage options; |
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(5) increase public awareness of health coverage |
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options available in this state; and |
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(6) [(2)
educate the public on the value of health
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coverage; and
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[(3)] provide information on health coverage options, |
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including health savings accounts and compatible high deductible |
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health benefit plans. |
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(b) The program must include a public awareness and |
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education component. |
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SUBCHAPTER B. PUBLIC AWARENESS AND EDUCATION |
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Sec. 524.051. INFORMATION ABOUT SPECIFIC HEALTH BENEFIT |
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PLAN ISSUERS. In materials produced for the program, the division |
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[(b) The department] may include information about specific health |
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benefit plan [coverage] issuers but may not favor or endorse one |
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particular issuer over another. |
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Sec. 524.052 [524.002]. PUBLIC SERVICE ANNOUNCEMENTS. The |
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division [department] shall develop and make public service |
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announcements to educate consumers and employers about the |
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availability of health coverage in this state. |
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Sec. 524.053 [524.003]. INTERNET WEBSITE; PRINTED |
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MATERIALS; NEWSLETTER [PUBLIC EDUCATION]. (a) The division |
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[department] shall develop an Internet website and printed |
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materials designed to educate small employers, individuals, and |
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others seeking to purchase health coverage [the public] about [the
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availability of] health coverage in accordance with Section |
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524.003(a) [this state, including information about health savings
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accounts and compatible high deductible health benefit
plans]. |
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(b) The division shall make the printed materials produced |
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under the program available to small employers, individuals, and |
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others seeking to purchase health coverage. The division may: |
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(1) distribute the printed materials through |
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facilities such as libraries, health care facilities, and schools |
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as well as other venues the division selects; and |
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(2) use other distribution methods the division |
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selects. |
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(c) The division may produce a newsletter to provide updated |
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information about health coverage to subscribers who elect to |
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receive the newsletter. The division may: |
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(1) produce a newsletter under this subsection for |
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small employers, for individuals, or for other purchasers of health |
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coverage; |
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(2) distribute the newsletter on a monthly, quarterly, |
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or other basis; and |
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(3) distribute the newsletter as a printed document or |
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electronically. |
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Sec. 524.054. TOLL-FREE TELEPHONE HOTLINE; ACCESS TO |
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INFORMATION. (a) The division may operate a toll-free telephone |
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hotline to respond to inquiries and provide information and |
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technical assistance concerning health coverage products. |
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(b) The Health and Human Services Commission, through its |
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2-1-1 telephone number for access to human services, may |
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disseminate information regarding health coverage products |
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provided to the commission by the department and may refer |
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inquiries regarding health coverage products to the toll-free |
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telephone hotline. The department may provide information to the |
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Health and Human Services Commission as necessary to implement this |
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subsection. |
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Sec. 524.055. EDUCATION FOR HIGH SCHOOL STUDENTS. (a) The |
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division may develop educational materials and a curriculum to be |
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used in high school classes that educate students about: |
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(1) the importance and value of health coverage; |
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(2) comparing health benefit plans; and |
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(3) understanding basic provisions contained in |
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health benefit plans. |
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(b) The division may consult with the Texas Education Agency |
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in developing educational materials and a curriculum under this |
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section. |
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Sec. 524.056. HEALTH COVERAGE FAIRS. (a) The division may |
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conduct health coverage fairs to provide small employers, |
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individuals, and others seeking to purchase health coverage the |
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opportunity to obtain information about health coverage from |
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division employees and from health benefit plan issuers and agents |
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that elect to participate. |
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(b) The division shall seek to obtain funding for health |
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coverage fairs conducted under this section through gifts and |
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grants obtained in accordance with Subchapter C. |
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Sec. 524.057. COMMUNITY EVENTS. The division may |
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participate in events held in this state to promote awareness of the |
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importance and value of health coverage and to educate small |
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employers, individuals, and others seeking to purchase health |
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coverage about health coverage in accordance with Section |
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524.003(a). |
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Sec. 524.058. HEALTH COVERAGE PROVIDED THROUGH COLLEGES AND |
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UNIVERSITIES. The division may cooperate with a public or private |
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college or university to promote enrollment in health coverage |
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programs sponsored by or through the college or university. |
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Sec. 524.059. SUPPORT FOR COMMUNITY-BASED PROJECTS. The |
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division may provide support and assistance to individuals and |
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organizations seeking to develop community-based health coverage |
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plans for uninsured individuals. |
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Sec. 524.060. OTHER EDUCATION. The division may [department
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shall] provide other appropriate education to the public regarding |
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health coverage and the importance and value of health coverage in |
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accordance with Section 524.003(a). |
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Sec. 524.061 [524.004]. TASK FORCE. (a) The commissioner |
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may [shall] appoint a task force to make recommendations regarding |
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the division's duties under this subchapter [health coverage public
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awareness and education program]. If appointed, the [The] task |
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force must be [is] composed of: |
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(1) one representative from each of the following |
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groups or entities: |
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(A) health [benefit] coverage consumers; |
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(B) small employers; |
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(C) employers generally; |
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(D) insurance agents; |
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(E) the office of public insurance counsel; |
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(F) the Texas Health Insurance Risk Pool; |
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(G) physicians; |
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(H) advanced practice nurses; |
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(I) hospital trade associations; and |
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(J) medical units of institutions of higher |
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education; |
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(2) a representative of the Health and Human Services |
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Commission responsible for programs under Medicaid and the |
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children's health insurance program; and |
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(3) one or more representatives of health benefit plan |
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issuers. |
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(b) In addition to the individuals listed in Subsection (a), |
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the commissioner may select to serve on any task force one or more |
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individuals with experience in public relations, marketing, or |
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another related field of professional services. |
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(c) The division may [department shall] consult the task |
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force regarding the content for the public service announcements, |
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Internet website, printed materials, and other educational |
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materials required or authorized by this subchapter [chapter]. The |
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commissioner has authority to make final decisions as to what the |
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program's materials will contain. |
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Sec. 524.062. FEDERAL TAX "TOOL KIT" FOR CERTAIN |
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BUSINESSES. The department may: |
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(1) produce materials that: |
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(A) provide step-by-step instructions for a |
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small employer or single-employee business that is obtaining health |
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coverage for the benefit of the employer or business and the |
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employees of the business; and |
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(B) are designed to allow the employer or |
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business to obtain the coverage in a manner that qualifies for |
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favorable treatment under federal tax laws; and |
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(2) make department staff available to assist small |
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employers and single-employee businesses that are obtaining health |
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coverage as described by Subdivision (1). |
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Sec. 524.063. ASSISTANCE FOR SMALL EMPLOYERS AND |
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SINGLE-EMPLOYEE BUSINESSES. The department may train staff |
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concerning available health coverage options for small employers |
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and single-employee businesses to: |
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(1) respond to telephone inquiries from small |
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employers and single-employee businesses; and |
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(2) speak at events to provide information about |
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health coverage options for small employers and single-employee |
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businesses and about the importance and value of health coverage. |
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Sec. 524.064. ACCOUNTANT. The department may employ an |
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accountant with experience in federal tax law and the purchase of |
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group health coverage as necessary to implement this chapter. |
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SUBCHAPTER C. FUNDING |
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Sec. 524.101 [524.005]. FUNDING. The department may accept |
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gifts and grants from any party, including a health benefit plan |
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issuer or a foundation associated with a health benefit plan |
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issuer, to assist with funding the program. The department shall |
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adopt rules governing acceptance of donations that are consistent |
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with Chapter 575, Government Code. Before adopting rules under |
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this section [subsection], the department shall: |
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(1) submit the proposed rules to the Texas Ethics |
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Commission for review; and |
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(2) consider the commission's recommendations |
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regarding the regulations. |
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SECTION 2. This Act takes effect September 1, 2009. |