By: Bernal H.B. No. 3776
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to establishing a program designed to ensure health
  benefit plan coverage to certain children through the private
  marketplace.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 4, Government Code, is amended
  by adding Chapter 540 to read as follows:
  CHAPTER 540. PROGRAM TO ENSURE HEALTH BENEFIT PLAN COVERAGE FOR
  CERTAIN CHILDREN THROUGH PRIVATE MARKET SOLUTIONS
         Sec. 540.0001.  DEFINITIONS. In this chapter:
               (1)  "Child health plan program" means the child health
  plan program established under Chapter 62, Health and Safety Code.
               (2)  "Medicaid" means the medical assistance program
  established under Chapter 32, Human Resources Code.
         Sec. 540.0002.  PROGRAM FOR HEALTH BENEFIT PLAN COVERAGE FOR
  CHILDREN THROUGH PRIVATE MARKET SOLUTIONS. Subject to the
  requirements of this chapter, the commission in consultation with
  the commissioner of insurance shall develop and implement a program
  that helps connect certain children in this state with health
  benefit plan coverage through private market solutions.
         Sec. 540.0003.  ENROLLMENT ELIGIBILITY. (a) Subject to
  Subsection (b), a child is eligible to enroll in a program designed
  and established under this chapter if the child:
               (1)  is younger than 19 years of age;
               (2)  is not eligible for benefits under Medicaid or the
  child health plan program because of applicable income limits; and
               (3)  does not have a health benefit plan because the
  child's family does not have access to or cannot afford a plan
  through the private marketplace, including:
                     (A)  an employer-sponsored health benefit plan;
  or
                     (B)  a health benefit plan for which an enrollee
  receives a premium subsidy under the Patient Protection and
  Affordable Care Act (Pub. L. No. 111-148) due to the amount of
  family income.
         (b)  The executive commissioner shall further define the
  eligibility requirements of this section, including defining
  income requirements necessary to enroll in the program.
         Sec. 540.0004.  MINIMUM PROGRAM REQUIREMENTS. A program
  designed and established under this chapter must:
               (1)  provide premium assistance to purchase health
  benefit plan coverage for a child in the private market; and
               (2)  use technology to maximize the efficiency with
  which the commission and any health benefit plan issuer manages
  enrollee participation.
         Sec. 540.0005.  RULES.
  The executive commissioner may adopt
  rules necessary to implement this chapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall develop and implement the program
  required by Chapter 540, Government Code, as added by this Act.
         SECTION 3.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  This Act takes effect September 1, 2019.