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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of and eligibility for the child |
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health plan program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 62, Health and Safety |
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Code, is amended by adding Section 62.0511 to read as follows: |
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Sec. 62.0511. ADDITIONAL DUTIES RELATING TO |
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APPROPRIATIONS. (a) Not later than September 1 of each |
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even-numbered year, the commission and the Legislative Budget Board |
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shall jointly determine and submit to the comptroller: |
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(1) the anticipated average number of enrollees in the |
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child health plan program for the state fiscal biennium beginning |
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September 1 of the following year; and |
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(2) the estimated state cost per enrollee for coverage |
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under the program during that biennium. |
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(b) The anticipated average number of enrollees reported as |
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required by Subsection (a)(1) must be based on: |
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(1) the income eligibility level that will be in |
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effect under Section 62.101(b) during that state fiscal biennium; |
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(2) the number of enrollees in the child health plan |
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program for the current state fiscal biennium; |
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(3) historical data relating to the number of new |
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enrollees covered under the program each state fiscal biennium and |
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the number of enrollees who are disenrolled during each biennium; |
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(4) state demographic data; and |
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(5) any other relevant factors. |
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(c) The estimated state cost per enrollee reported as |
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required by Subsection (a)(2) must be based on: |
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(1) statewide cost trends in health benefits coverage, |
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including cost trends relating to prescription drug benefits; |
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(2) historical data relating to the maximum federal |
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allotment for the program; |
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(3) the estimated anticipated maximum federal |
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allotment for the program for that state fiscal biennium; and |
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(4) any other relevant factors. |
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(d) The comptroller shall determine, based on the |
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information submitted by the commission and the Legislative Budget |
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Board as required by Subsection (a) and other appropriate fiscal |
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estimates, an estimate of the amount of state money that will be |
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appropriated under Section 51-a, Article III, Texas Constitution, |
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for the child health plan program. Not later than December 1 of |
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each even-numbered year, the comptroller shall certify that amount |
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to the Senate Finance Committee, or its successor, the House |
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Appropriations Committee, or its successor, and the Legislative |
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Budget Board. |
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SECTION 2. Effective September 1, 2010, Section 62.101(b), |
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Health and Safety Code, is 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
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money,] so that a child who is younger than 19 years of age and whose |
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net family income is at or below 200 percent of the federal poverty |
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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 150 percent of the federal
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poverty level.] |
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SECTION 3. Effective September 1, 2011, Section 62.101(b), |
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Health and Safety Code, is 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
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money,] so that a child who is younger than 19 years of age and whose |
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net family income is at or below the lesser of 250 [200] percent of |
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the federal poverty level, or the maximum net family income |
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eligibility level for which money is appropriated under Section |
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51-a, Article III, Texas Constitution, or other law, is eligible |
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for health benefits coverage under the program. [In addition, the
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commission may establish eligibility standards regarding the
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amount and types of allowable assets for a family whose net family
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income is above 150 percent of the federal poverty level]. |
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SECTION 4. Effective September 1, 2013, Section 62.101(b), |
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Health and Safety Code, is 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
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money,] so that a child who is younger than 19 years of age and whose |
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net family income is at or below the lesser of 300 [200] percent of |
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the federal poverty level, or the maximum net family income |
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eligibility level for which money is appropriated under Section |
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51-a, Article III, Texas Constitution, or other law, is eligible |
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for health benefits coverage under the program. [In addition, the
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commission may establish eligibility standards regarding the
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amount and types of allowable assets for a family whose net family
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income is above 150 percent of the federal poverty level.] |
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SECTION 5. 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 6. Sections 62.101(b-1) and 62.102(b) and (c), |
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Health and Safety Code, are repealed. |
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SECTION 7. Notwithstanding Section 62.0511, Health and |
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Safety Code, as added by this Act: |
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(1) the Health and Human Services Commission and the |
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Legislative Budget Board shall submit the information described by |
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Section 62.0511(a), Health and Safety Code, as added by this Act, |
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regarding the state fiscal year beginning September 1, 2010, to the |
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comptroller of public accounts not later than February 1, 2010; and |
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(2) the comptroller of public accounts shall make the |
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determination and certify the amount described by Section |
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62.0511(d), Health and Safety Code, as added by this Act, regarding |
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the state fiscal year beginning September 1, 2010, not later than |
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March 1, 2010. |
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SECTION 8. 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 9. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2010. |
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(b) This Act takes effect only if the constitutional |
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amendment proposed by the 81st Legislature, Regular Session, 2009, |
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to ensure that this state receives the maximum federal funding |
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available under the child health plan program is approved by the |
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voters. If that amendment is not approved by the voters, this Act |
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has no effect. |