82R2060 PMO-D

By: Shelton, Kolkhorst, Schwertner, H.B. No. 335

Creighton, et al.

A BILL TO BE ENTITLED

AN ACT

relating to implementation and requirements of certain health care

reform laws.

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

SECTION 1. Chapter 322, Government Code, is amended by

adding Section 322.021 to read as follows:

Sec. 322.021. MANDATORY HEALTH CARE REFORM REPORTS FROM

STATE AGENCIES. (a) In this section, "state agency" has the

meaning assigned by Section 2056.001.

(b) A state agency may not implement a provision of a

federal health care reform law described by Subsection (c) unless

the state agency submits a report described by Subsection (d) to the

board.

(c) A state agency must submit a report described by

Subsection (d) of an expenditure incurred in implementing a

provision of a federal health care reform law if:

(1) the provision:

(A) requires a person to purchase health

insurance or similar health coverage;

(B) requires an employer to provide health

insurance or similar health coverage to or for employees;

(C) imposes a penalty on an employer who does not

provide health insurance or similar health coverage to or for

employees;

(D) expands eligibility for the state Medicaid

program or state child health plan program;

(E) creates a health insurance coverage mandate

affecting a person; or

(F) creates a new health insurance or similar

health coverage program that is administered by this state or a

political subdivision of this state; or

(2) the board, in the exercise of the board's duties

under this chapter, determines that a report about the expenditure

is necessary to a comprehensive and continuing review of a program

or operation of a state agency.

(d) A report required under Subsection (b) must:

(1) cite the specific federal statute or regulation

that requires the state to implement the provision;

(2) state whether the provision requires or allows a

state waiver or option;

(3) describe the state action required to implement

the provision;

(4) identify the individuals, legal entities, and

state agencies that may be impacted by the implementation of or

refusal to implement the provision;

(5) estimate the cost to be incurred by the state to

implement the provision; and

(6) describe the consequences that may be imposed on

the state for refusing to implement the provision.

SECTION 2. This Act takes effect September 1, 2011.