82R3809 TJS-F

By: Menendez, Bonnen H.B. No. 983

A BILL TO BE ENTITLED

AN ACT

relating to health insurance coverage for eligible survivors of

certain public servants killed in the line of duty.

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

SECTION 1. Section 615.071, Government Code, is amended to

read as follows:

Sec. 615.071. APPLICABILITY. This subchapter applies only

to eligible survivors of:

(1) an individual listed in Section 615.003(1), (6),

or (7); [or]

(2) an individual listed in Section 615.003(10) or

(11) who is employed by a political subdivision of the state; or

(3) an individual who is:

(A) described by Section 615.003(15); and

(B) employed as a trainee for a position

otherwise described by this section.

SECTION 2. Section 615.072, Government Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) A survivor of an individual listed under Section

615.071 who would have been eligible for health insurance benefits

during the life of the individual may not be denied health insurance

benefits on the ground that the survivor was enrolled in group

health insurance with another employer as of the date of the

individual's death.

SECTION 3. Section 615.073, Government Code, is amended to

read as follows:

Sec. 615.073. BENEFIT TO SURVIVING SPOUSE. (a) An

eligible surviving spouse of a deceased individual listed in

Section 615.071 who was employed by the state is entitled to

purchase or continue to purchase [continued] health insurance

benefits under Chapter 1551, Insurance Code, as provided by this

subchapter.

(b) An eligible surviving spouse of a deceased individual

listed in Section 615.071 who was employed by a political

subdivision of the state is entitled to purchase or continue to

purchase [continued] health insurance benefits from the political

subdivision that employed the deceased individual, including

health coverage:

(1) provided by or through a political subdivision

under:

(A) a health insurance policy or health benefit

plan written by a health insurer; or

(B) a self-insured health benefits plan; or

(2) under Chapter 172, Local Government Code.

(c) The surviving spouse is entitled to [continue to]

purchase or continue to purchase health insurance coverage

until the date the surviving spouse becomes eligible for federal

Medicare benefits.

SECTION 4. Section 615.074, Government Code, is amended to

read as follows:

Sec. 615.074. BENEFIT TO DEPENDENT. (a) An eligible

surviving dependent who is a minor child is entitled to purchase or

continue to purchase health insurance coverage until the date the

dependent reaches the age of 18 or a later date to the extent

required by state or federal law.

(b) An eligible surviving dependent who is not a minor child

is entitled to purchase or continue to purchase health insurance

coverage until the earlier of:

(1) the date the dependent becomes eligible for group

health insurance through another employer; or

(2) the date the dependent becomes eligible for

federal Medicare benefits.

SECTION 5. Sections 615.075(a) and (c), Government Code,

are amended to read as follows:

(a) An employing entity shall provide written notice to an

eligible survivor to whom this subchapter may apply of the

survivor's rights under this subchapter not later than the 10th day

after the date of the decedent's death. Not later than the 150th

day after the date of the decedent's death, the employing entity

shall send a subsequent written notice under this subsection by

certified mail to any eligible survivor who has not already elected

to purchase or continue to purchase coverage on or before that date.

(c) To receive [continued] coverage under this subchapter,

the employing entity must be informed not later than the 180th day

after the date the decedent died that the eligible survivor elects

to purchase or continue to purchase coverage.

SECTION 6. Section 615.076, Government Code, is amended to

read as follows:

Sec. 615.076. LEVEL OF COVERAGE. (a) An eligible survivor

may elect to purchase or continue to purchase coverage at any level

of benefits currently offered by the employing entity to dependents

of an active employee.

(b) An eligible survivor may elect to purchase or continue

to purchase coverage at a reduced level of benefits if the employing

entity offers that option.

SECTION 7. Section 615.077, Government Code, is amended to

read as follows:

Sec. 615.077. PAYMENTS; RATE. An eligible survivor who is

entitled to [continued] coverage under this subchapter:

(1) is entitled to:

(A) make payments for the coverage or have

payments made on the survivor's behalf at the same time and to the

same entity that payments for coverage are made by current

employees of the employing entity; and

(B) obtain the coverage at the rate paid by

current employees of the employing entity for that coverage; and

(2) may not be required to pay a premium amount for the

coverage that is greater than the premium amount that a current

employee of the employing entity without a spouse is required to pay

to cover the employee alone or to cover the employee and the

employee's dependent children, as applicable to the eligible

survivor.

SECTION 8. Subchapter D, Chapter 615, Government Code, is

amended by adding Section 615.082 to read as follows:

Sec. 615.082. LIMITED ELIGIBILITY OF CERTAIN SURVIVORS TO

REAPPLY FOR COVERAGE. (a) This section applies only to the eligible

survivor of an individual described by Section 615.071 who died on

or after September 1, 1993.

(b) Notwithstanding any other law, an eligible survivor to

whom this section applies who did not purchase or receive health

insurance coverage or benefits under this chapter on or before the

date of the individual's death, or who did not notify the

individual's employing entity of the survivor's election to

purchase or continue to purchase coverage within the time allowed

by law after the individual's death, may apply for health insurance

benefits or coverage not later than September 1, 2012. An eligible

survivor who applies for coverage under this section may purchase

coverage according to the same rate schedule and coverage options

that would apply if the eligible survivor had continued to purchase

coverage after the individual's death.

(c) This section expires September 2, 2012.

SECTION 9. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2011.