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A BILL TO BE ENTITLED
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AN ACT
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relating to the contingent establishment of a health benefit |
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exchange tailored to the needs of the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Health and Human Services Commission, |
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the Texas Department of Insurance, or the commission in conjunction |
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with the department, shall negotiate with the appropriate federal |
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entity for authorization to develop a state health benefit |
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exchange. The negotiated authorization must allow the state health |
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benefit exchange to be flexible, patient-friendly, tailored to the |
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needs of the state, and similar to the health benefit exchange |
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described in the Patient Protection and Affordable Care Act (Pub. |
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L. No. 111-148). |
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(b) If the appropriate federal entity authorizes a state |
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health benefit exchange described in Subsection (a) of this |
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section, the Health and Human Services Commission, the Texas |
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Department of Insurance, or the commission in conjunction with the |
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department, shall develop and implement the health benefit |
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exchange. |
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SECTION 2. (a) This Act takes effect on the 91st day after |
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the date of publication in the Texas Register by the attorney |
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general of a finding that federal tax-credit subsidies do not |
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extend to health insurance coverage purchased through a health |
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insurance exchange established or operated by the federal |
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government under Section 1321, Patient Protection and Affordable |
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Care Act (42 U.S.C. Section 18041). |
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(b) The attorney general shall monitor federal |
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constitutional law and federal court cases related to the extension |
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of federal tax-credit subsidies to health insurance coverage |
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purchased through a health insurance exchange established or |
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operated by the federal government under Section 1321, Patient |
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Protection and Affordable Care Act (42 U.S.C. Section 18041). The |
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attorney general may make the finding described by Subsection (a) |
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of this section at any time the attorney general determines the |
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finding is warranted and shall make the finding not later than the |
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60th day after the date of issuance of a United States Supreme Court |
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action under which the finding is required. |
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SECTION 3. 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, 2015. |