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A BILL TO BE ENTITLED
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AN ACT
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relating to continued health insurance coverage for eligible |
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survivors of certain public servants killed in the line of duty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 615.073, Government |
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Code, is amended to read as follows: |
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(c) The surviving spouse is entitled to continue to purchase |
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health insurance coverage until [the earlier of:
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[(1) the date the surviving spouse remarries;
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[(2)
the date the surviving spouse becomes eligible
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for group health insurance through another employer; or
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[(3)] the date the surviving spouse becomes eligible |
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for federal Medicare benefits. |
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SECTION 2. Section 615.074, Government Code, is amended to |
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read as follows: |
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Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible |
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surviving dependent who is a minor child is entitled to continue |
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health insurance coverage until [the earlier of:
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[(1)] the date the dependent reaches the age of 18 |
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[years; or
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[(2)
the date the dependent becomes eligible for group
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health insurance through another employer]. |
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(b) An eligible surviving dependent who is not a minor child |
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is entitled to continue health insurance coverage until the earlier |
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of: |
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(1) [the date the dependent marries;
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[(2)] the date the dependent becomes eligible for |
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group health insurance through another employer; or |
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(2) [(3)] the date the dependent becomes eligible for |
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federal Medicare benefits. |
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SECTION 3. Subsections (a) and (c), Section 615.075, |
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Government Code, are amended to read as follows: |
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(a) An employing entity shall provide written notice to an |
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eligible survivor to whom this subchapter may apply of the |
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survivor's rights under this subchapter not later than the 10th day |
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after the date of the decedent's death. Not later than the 150th |
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day after the date of the decedent's death, the employing entity |
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shall send a subsequent written notice under this subsection by |
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certified mail to any eligible survivor who has not already elected |
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to continue coverage on or before that date. |
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(c) To receive continued coverage under this subchapter, |
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the employing entity must be informed not later than the 180th |
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[90th] day after the date the decedent died that the eligible |
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survivor elects to continue coverage. |
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SECTION 4. Section 615.077, Government Code, is amended to |
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read as follows: |
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Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is |
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entitled to continued coverage under this subchapter [is entitled
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to]: |
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(1) is entitled to: |
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(A) make payments for the coverage or have |
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payments made on the survivor's behalf at the same time and to the |
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same entity that payments for coverage are made by current |
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employees of the employing entity; and |
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(B) obtain [(2) purchase] the coverage at the |
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[group] rate paid by current employees of the employing entity for |
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that coverage; and |
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(2) may not be required to pay a premium amount for the |
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coverage that is greater than the premium amount that a current |
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employee of the employing entity without a spouse is required to pay |
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to cover the employee alone or to cover the employee and the |
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employee's dependent children, as applicable to the eligible |
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survivor [that exists at the time of payment]. |
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SECTION 5. Subchapter D, Chapter 615, Government Code, is |
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amended by adding Sections 615.080 and 615.081 to read as follows: |
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Sec. 615.080. GRACE PERIOD. Health insurance benefits |
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coverage in force on the date of the decedent's death under which a |
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deceased individual listed under Section 615.071 covered one or |
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more other persons may not lapse before the 181st day after the date |
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of the decedent's death for failure to pay the premium. |
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Sec. 615.081. LIMITED OPPORTUNITY FOR CERTAIN ELIGIBLE |
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SURVIVORS TO REAPPLY FOR COVERAGE. (a) This section applies only |
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to an eligible survivor of a deceased individual listed under |
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Section 615.071 who died on or after September 1, 1993. |
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(b) Notwithstanding any other provision of this subchapter |
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or other law, an eligible survivor to whom this section applies who |
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did not purchase continued health insurance benefits under this |
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subchapter or under the law codified by this subchapter within the |
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time allowed after the listed individual's death, or who |
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discontinued coverage under this subchapter or under the law |
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codified by this subchapter after the listed individual's death, |
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may reapply for coverage under the employing entity's health |
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insurance benefits plan not later than March 1, 2010. |
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(c) An eligible survivor who reapplies for coverage under |
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Subsection (b) is entitled to purchase the coverage according to |
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the same rate schedule and coverage options as would apply had the |
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eligible survivor continued coverage under this subchapter after |
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the listed individual's death. |
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(d) This section expires September 1, 2010. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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