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A BILL TO BE ENTITLED
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AN ACT
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relating to participation of the state military forces in the state |
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group benefits program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 437.212, Government Code, is amended by |
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amending Subsections (f) and (g) and adding Subsections (g-1), |
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(g-2), and (g-3) to read as follows: |
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(f) A member of the state military forces [volunteer in the
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Texas State Guard] who is not a full-time or part-time state |
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employee and who has been on state active duty or on state training |
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or other duty for more than 60 [90] days is, notwithstanding Section |
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1551.1055, Insurance Code, eligible to participate in the state |
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group benefits program under Chapter 1551, Insurance Code, to |
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purchase health or dental insurance coverage, subject to the |
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following requirements: |
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(1) the participant must be a member of the state |
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military forces [Texas State Guard] at the time of enrollment in the |
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group benefits program; |
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(2) the participant must pay the full cost of health or |
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dental insurance coverage under the group benefits program [and may
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not receive a state contribution for premiums]; and |
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(3) an application under this subsection for group |
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benefit health or dental insurance coverage must be submitted in |
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accordance with procedures established by the Employees Retirement |
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System of Texas. |
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(g) The adjutant general and the Employees Retirement |
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System of Texas shall coordinate and consult to implement the |
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benefits program provided by Subsection (f) and shall adopt a |
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memorandum of understanding to establish: |
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(1) the procedures that a member of the state military |
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forces [Texas State Guard] may use to elect to participate in the |
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state group benefits program; and |
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(2) an appropriate method to annually confirm |
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continuing eligibility to participate in the group benefits |
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program. |
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(g-1) A member of the state military forces described by |
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Subsection (f) is eligible to receive a stipend to be paid by the |
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department in an amount to be determined by the department under |
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Subsection (g-3) for each month following the 60th day that the |
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member: |
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(1) is on state active duty or on state training or |
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other duty; and |
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(2) subject to verification by the adjutant general as |
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provided by Section 437.2121, pays the full cost of health or dental |
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insurance coverage under: |
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(A) the state group benefits program; |
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(B) a government-funded health or dental |
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insurance plan; or |
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(C) a private or nongovernmental health or dental |
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insurance plan for which the member is required to pay premiums. |
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(g-2) A member of the state military forces who is eligible |
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to receive a stipend under Subsection (g-1) must notify the |
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adjutant general of the member's health or dental insurance |
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coverage by submitting the authorization form specified by Section |
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437.2121. The adjutant general may adopt rules to implement and |
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administer this subsection, including rules that prescribe the |
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procedure a member must follow to submit an executed authorization |
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form and the amount of time a member has to submit the authorization |
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form. The comptroller may consult with the adjutant general to |
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adopt rules governing the manner in which an eligible member may |
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receive a stipend. |
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(g-3) A stipend paid to a member of the Texas National Guard |
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may not exceed the amount of the member's TRICARE premium or an |
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amount equal to that premium to be applied toward the member's |
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private or nongovernmental insurance plan. A stipend paid to a |
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member of the Texas State Guard or other member of a military force |
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organized under state law may not exceed the amount of the member's |
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health or dental insurance plan premium determined by the premium |
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amount associated with the state group benefits program or an |
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amount equal to that premium to be applied toward the member's |
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private or nongovernmental insurance plan. |
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SECTION 2. Subchapter E, Chapter 437, Government Code, is |
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amended by adding Section 437.2121 to read as follows: |
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Sec. 437.2121. AUTHORIZATION FORM FOR RELEASE OF PROTECTED |
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HEALTH INFORMATION. (a) A member of the state military forces who |
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meets the eligibility requirements under Section 437.212(g-1) may |
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not receive a stipend under that section unless the member submits |
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to the adjutant general the authorization form specified by this |
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section. The adjutant general must verify that the member has paid |
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the full cost of the member's health or dental insurance coverage |
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before the department may issue a stipend to the member. |
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(b) The authorization form specified by this section may not |
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be altered or modified. A member who alters or modifies the |
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authorization form, or who revokes an executed authorization, may |
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not receive a stipend to which the member may otherwise be eligible |
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until 60 days following receipt by the adjutant general of a newly |
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executed authorization form. |
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(c) The authorization form required by this section shall be |
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in the following form and shall be construed in accordance with the |
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Standards for Privacy of Individually Identifiable Health |
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Information (45 C.F.R. Parts 160 and 164): |
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AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION |
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A. I, ___________ (name of state military forces member or |
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authorized representative), hereby authorize __________ (name of |
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health or dental insurance coverage provider to whom the |
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authorization form is directed) to obtain and disclose (within the |
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parameters set out below) the protected health information |
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described below for the purpose of verifying that __________ (name |
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of state military forces member), as a member of the state military |
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forces called to state active duty or on state training or other |
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duty for more than 60 days, is eligible for a stipend as provided by |
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Section 437.212, Government Code. |
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B. The health information to be obtained, used, or disclosed |
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extends to and includes the verbal as well as the written and is |
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specifically described as all records documenting payment of health |
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or dental insurance coverage premiums by __________ (name of state |
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military forces member), including information related to the |
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eligibility for coverage, dates of coverage, billing, payments |
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received, and termination of coverage. |
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C. The persons or class of persons to whom the health |
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information of __________ (state military forces member) will be |
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disclosed or who will make use of said information are: |
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1. The adjutant general of the state military forces; |
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2. Any agent, contractor, or staff of the state |
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military forces, including secretarial, clerical, accounting, |
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information technology, or administrative staff, designated by the |
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adjutant general to assist with the determination of eligibility |
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for a stipend or the processing or issuing of stipends; |
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3. The comptroller; |
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4. Any agent, contractor, or staff of the comptroller |
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designated by the comptroller to assist with the determination of |
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eligibility for a stipend or the processing or issuing of stipends. |
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D. This authorization shall expire on the discharge of the |
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member from the state military forces. |
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E. I understand that, without exception, I have the right to |
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revoke this authorization by providing written notice to a person |
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or class of persons designated by the adjutant general. I further |
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understand the consequence of any such revocation as set out in |
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Section 437.2121, Government Code. |
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F. I understand that the signing of this authorization is |
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not a condition for continued treatment, payment, enrollment, or |
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eligibility for health plan benefits. |
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G. I understand that information used or disclosed under |
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this authorization may be subject to redisclosure by the recipient |
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and may no longer be protected by federal HIPAA privacy |
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regulations. |
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Signature of state military forces member/representative |
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___________________________________ |
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Date |
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___________________________________ |
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Name of state military forces member/representative |
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___________________________________ |
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Description of representative's authority |
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___________________________________ |
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SECTION 3. This Act takes effect January 1, 2016. |
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