81R2561 PMO-D
 
  By: Nelson S.B. No. 78
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to promoting awareness and education about the purchase
  and availability of health coverage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 524, Insurance Code, is amended to read
  as follows:
  CHAPTER 524.  TEXLINK TO HEALTH COVERAGE [AWARENESS AND
  EDUCATION] PROGRAM
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 524.001.  DEFINITIONS.  In this chapter:
               (1)  "Division" means the division of the department
  that administers the TexLink to Health Coverage Program.
               (2)  "Program" means the TexLink to Health Coverage
  Program established in accordance with this chapter.
         Sec. 524.002.  DIVISION RESPONSIBILITIES.  Under the
  direction of the commissioner, the division implements this
  chapter.
         Sec. 524.003.  TEXLINK TO HEALTH COVERAGE PROGRAM
  ESTABLISHED.  (a)  The department shall develop and implement a
  health coverage [public awareness and education] program that
  complies with this chapter. The program must:
               (1)  educate the public about the importance and value
  of health coverage;
               (2)  promote personal responsibility for health care
  through the purchase of health coverage;
               (3)  assist small employers, individuals, and others
  seeking to purchase health coverage with technical information
  necessary to understand available health coverage products;
               (4)  promote and facilitate the development and
  availability of new health coverage options;
               (5)  increase public awareness of health coverage
  options available in this state; and
               (6) [(2)     educate the public on the value of health
  coverage; and
               [(3)]  provide information on health coverage options,
  including health savings accounts and compatible high deductible
  health benefit plans.
         (b)  The program must include a public awareness and
  education component.
  SUBCHAPTER B.  PUBLIC AWARENESS AND EDUCATION
         Sec. 524.051.  INFORMATION ABOUT SPECIFIC HEALTH BENEFIT
  PLAN ISSUERS.  In materials produced for the program, the division
  [(b) The department] may include information about specific health
  benefit plan [coverage] issuers but may not favor or endorse one
  particular issuer over another.
         Sec. 524.052  [524.002]. PUBLIC SERVICE ANNOUNCEMENTS.  The
  division [department] shall develop and make public service
  announcements to educate consumers and employers about the
  availability of health coverage in this state.
         Sec. 524.053  [524.003]. INTERNET WEBSITE; PRINTED
  MATERIALS; NEWSLETTER [PUBLIC EDUCATION].  (a)  The division
  [department] shall develop an Internet website and printed
  materials designed to educate small employers, individuals, and
  others seeking to purchase health coverage [the public] about [the
  availability of] health coverage in accordance with Section
  524.003(a) [this state, including information about health savings
  accounts and compatible high deductible health benefit   plans].
         (b)  The division shall make the printed materials produced
  under the program available to small employers, individuals, and
  others seeking to purchase health coverage.  The division may:
               (1)  distribute the printed materials through
  facilities such as libraries, health care facilities, and schools
  as well as other venues the division selects; and
               (2)  use other distribution methods the division
  selects.
         (c)  The division may produce a newsletter to provide updated
  information about health coverage to subscribers who elect to
  receive the newsletter.  The division may:
               (1)  produce a newsletter under this subsection for
  small employers, for individuals, or for other purchasers of health
  coverage;
               (2)  distribute the newsletter on a monthly, quarterly,
  or other basis; and
               (3)  distribute the newsletter as a printed document or
  electronically.
         Sec. 524.054.  TOLL-FREE TELEPHONE HOTLINE; ACCESS TO
  INFORMATION.  (a)  The division may operate a toll-free telephone
  hotline to respond to inquiries and provide information and
  technical assistance concerning health coverage products.
         (b)  The Health and Human Services Commission, through its
  2-1-1 telephone number for access to human services, may
  disseminate information regarding health coverage products
  provided to the commission by the department and may refer
  inquiries regarding health coverage products to the toll-free
  telephone hotline.  The department may provide information to the
  Health and Human Services Commission as necessary to implement this
  subsection.
         Sec. 524.055.  EDUCATION FOR HIGH SCHOOL STUDENTS.  (a)  The
  division may develop educational materials and a curriculum to be
  used in high school classes that educate students about:
               (1)  the importance and value of health coverage;
               (2)  comparing health benefit plans; and
               (3)  understanding basic provisions contained in
  health benefit plans.
         (b)  The division may consult with the Texas Education Agency
  in developing educational materials and a curriculum under this
  section.
         Sec. 524.056.  HEALTH COVERAGE FAIRS.  (a)  The division may
  conduct health coverage fairs to provide small employers,
  individuals, and others seeking to purchase health coverage the
  opportunity to obtain information about health coverage from
  division employees and from health benefit plan issuers and agents
  that elect to participate.
         (b)  The division shall seek to obtain funding for health
  coverage fairs conducted under this section through gifts and
  grants obtained in accordance with Subchapter C.
         Sec. 524.057.  COMMUNITY EVENTS.  The division may
  participate in events held in this state to promote awareness of the
  importance and value of health coverage and to educate small
  employers, individuals, and others seeking to purchase health
  coverage about health coverage in accordance with Section
  524.003(a).
         Sec. 524.058.  HEALTH COVERAGE PROVIDED THROUGH COLLEGES AND
  UNIVERSITIES.  The division may cooperate with a public or private
  college or university to promote enrollment in health coverage
  programs sponsored by or through the college or university.
         Sec. 524.059.  SUPPORT FOR COMMUNITY-BASED PROJECTS.  The
  division may provide support and assistance to individuals and
  organizations seeking to develop community-based health coverage
  plans for uninsured individuals.
         Sec. 524.060. OTHER EDUCATION.  The division may [department
  shall] provide other appropriate education to the public regarding
  health coverage and the importance and value of health coverage in
  accordance with Section 524.003(a).
         Sec. 524.061  [524.004]. TASK FORCE.  (a)  The commissioner
  may [shall] appoint a task force to make recommendations regarding
  the division's duties under this subchapter [health coverage public
  awareness and education program]. If appointed, the [The] task
  force must be [is] composed of:
               (1)  one representative from each of the following
  groups or entities:
                     (A)  health [benefit] coverage consumers;
                     (B)  small employers;
                     (C)  employers generally;
                     (D)  insurance agents;
                     (E)  the office of public insurance counsel;
                     (F)  the Texas Health Insurance Risk Pool;
                     (G)  physicians;
                     (H)  advanced practice nurses;
                     (I)  hospital trade associations; and
                     (J)  medical units of institutions of higher
  education;
               (2)  a representative of the Health and Human Services
  Commission responsible for programs under Medicaid and the
  children's health insurance program; and
               (3)  one or more representatives of health benefit plan
  issuers.
         (b)  In addition to the individuals listed in Subsection (a),
  the commissioner may select to serve on any task force one or more
  individuals with experience in public relations, marketing, or
  another related field of professional services.
         (c)  The division may [department shall] consult the task
  force regarding the content for the public service announcements,
  Internet website, printed materials, and other educational
  materials required or authorized by this subchapter [chapter]. The
  commissioner has authority to make final decisions as to what the
  program's materials will contain.
         Sec. 524.062.  FEDERAL TAX "TOOL KIT" FOR CERTAIN
  BUSINESSES.  The department may:
               (1)  produce materials that:
                     (A)  provide step-by-step instructions for a
  small employer or single-employee business that is obtaining health
  coverage for the benefit of the employer or business and the
  employees of the business; and
                     (B)  are designed to allow the employer or
  business to obtain the coverage in a manner that qualifies for
  favorable treatment under federal tax laws; and
               (2)  make department staff available to assist small
  employers and single-employee businesses that are obtaining health
  coverage as described by Subdivision (1).
         Sec. 524.063.  ASSISTANCE FOR SMALL EMPLOYERS AND
  SINGLE-EMPLOYEE BUSINESSES.  The department may train staff
  concerning available health coverage options for small employers
  and single-employee businesses to:
               (1)  respond to telephone inquiries from small
  employers and single-employee businesses; and
               (2)  speak at events to provide information about
  health coverage options for small employers and single-employee
  businesses and about the importance and value of health coverage.
         Sec. 524.064.  ACCOUNTANT.  The department may employ an
  accountant with experience in federal tax law and the purchase of
  group health coverage as necessary to implement this chapter.
  SUBCHAPTER C.  FUNDING
         Sec. 524.101 [524.005].  FUNDING.  The department may accept
  gifts and grants from any party, including a health benefit plan
  issuer or a foundation associated with a health benefit plan
  issuer, to assist with funding the program. The department shall
  adopt rules governing acceptance of donations that are consistent
  with Chapter 575, Government Code. Before adopting rules under
  this section [subsection], the department shall:
               (1)  submit the proposed rules to the Texas Ethics
  Commission for review; and
               (2)  consider the commission's recommendations
  regarding the regulations.
         SECTION 2.  This Act takes effect September 1, 2009.