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CONCURRENT RESOLUTION
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WHEREAS, An effective way to offset the increasing cost of |
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health care is to use direct primary care for all primary health |
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care services and use a high deductible health insurance plan in |
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combination with a health savings account to cover more expensive |
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care and hospitalization; and |
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WHEREAS, In direct primary care, a single low monthly fee to a |
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physician or clinic covers all primary care services, with no |
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preexisting condition exclusions, no disagreements over covered |
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treatments, no insurance forms to fill out, and no deductibles or |
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co-pays; and |
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WHEREAS, A high deductible health insurance plan in |
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combination with a health savings account is offered by the |
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Employees Retirement System (ERS) of Texas to state employees; the |
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ERS notes that health savings accounts are like tax-free nest eggs |
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for health care expenses because contributions are tax-free, up to |
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a certain amount set by the Internal Revenue Service; withdrawals |
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are not taxed, as long as the money is used for qualified health |
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expenses, and interest and investment earnings are not taxed; and |
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WHEREAS, Unfortunately, Texans who enroll in a high |
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deductible health insurance plan in combination with a health |
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savings account cannot use their health savings account to pay for |
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direct primary care because of an Internal Revenue Service ruling |
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that direct primary care constitutes a second health insurance |
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plan, which is prohibited under federal law governing tax-free |
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contributions to a health savings account; and |
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WHEREAS, Like many other states, Texas has passed legislation |
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to establish that direct primary care is not insurance and that a |
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physician providing direct primary care in return for a monthly |
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retainer is not subject to regulation by the Texas Department of |
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Insurance for the direct primary care; and |
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WHEREAS, Likewise, a federal regulation adopted by |
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the U.S. Department of Health and Human Services to implement the |
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Affordable Care Act treats direct primary care clinics, known as |
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medical homes, as a health benefit, not a health insurance plan; and |
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WHEREAS, Despite state and federal action to clarify that |
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direct primary care is not insurance, congressional action is |
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needed to allow health savings accounts to be used for direct |
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primary care; such action would benefit many Texans, including |
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those in rural communities, by encouraging more patients to get |
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their care from a personal physician, rather than a hospital |
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emergency room, and by encouraging more physicians to practice in |
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direct primary care; now, therefore, be it |
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RESOLVED, That the 86th Legislature of the State of Texas |
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hereby urge Congress to allow health savings accounts to be used for |
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direct primary care; and, be it further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and the speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America. |