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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of a temporary health insurance risk |
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pool. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1510.002, Insurance Code, is amended to |
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read as follows: |
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Sec. 1510.002. ESTABLISHMENT OF TEMPORARY HEALTH INSURANCE |
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RISK POOL. To the extent that federal funds are [become] available |
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under federal law[, regulation, or executive action after March 1,
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2017], the commissioner may: |
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(1) apply for such funds; and |
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(2) use such funds to establish and administer a |
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temporary health insurance risk pool for the purposes of this |
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chapter. |
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SECTION 2. Section 1510.003, Insurance Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The exclusive purpose of the pool is to provide a |
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temporary mechanism [for maximizing available federal funding] to |
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assist residents of this state in obtaining access to quality, |
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guaranteed issue health coverage [care] at minimum cost to the |
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public. |
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(c) The pool may not be used in a manner that requires this |
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state to assume functions currently performed by the United States |
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Department of Health and Human Services or the United States |
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Internal Revenue Service under the Patient Protection and |
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Affordable Care Act (Pub. L. No. 111-148), including establishing |
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an exchange or administering premium tax credits. |
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SECTION 3. Section 1510.004, Insurance Code, is amended to |
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read as follows: |
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Sec. 1510.004. PROVISION OF GUARANTEED ISSUE HEALTH |
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COVERAGE. (a) Subject to any requirements for obtaining federal |
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funds [held in the pool], the commissioner may increase access to |
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guaranteed issue health coverage by [use pool funds]: |
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(1) establishing a high risk pool to provide |
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alternative individual health insurance coverage to eligible |
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individuals that does not diminish enrollment in [the availability
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of] traditional commercial health care coverage; |
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(2) providing [to provide] funding to individual |
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health benefit plan issuers that cover individuals with certain |
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health or cost characteristics in exchange for lower enrollee |
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premium rates; or |
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(3) providing [to provide] a reinsurance program for |
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health benefit plan issuers in the individual market in exchange |
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for lower enrollee premium rates. |
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(b) If necessary to ensure access to quality individual |
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health insurance coverage for individuals with preexisting |
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conditions, the commissioner may take actions necessary to |
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establish a temporary high risk pool substantially similar to the |
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risk pool authorized by former Chapter 1506, Insurance Code, |
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repealed by Chapter 615 (S.B. 1367), Acts of the 83rd Legislature, |
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Regular Session, 2013, including: |
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(1) appointing a board of directors to govern the |
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temporary high risk pool; |
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(2) adopting rules or a plan of operation for the |
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temporary high risk pool; and |
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(3) contracting with a third party. |
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(c) Any rule or plan of operation adopted under Subsection |
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(b) remains in effect only until 30 days following the end of the |
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next regular session of the legislature unless a law is enacted that |
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authorizes coverage to be issued by the temporary risk pool and |
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provides for funding for coverage under the temporary risk pool. |
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SECTION 4. Section 1510.008(a), Insurance Code, is amended |
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to read as follows: |
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(a) The commissioner may apply to the United States |
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secretary of health and human services: |
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(1) under 42 U.S.C. Section 18052 for a waiver of |
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applicable provisions of the Patient Protection and Affordable Care |
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Act (Pub. L. No. 111-148) and any applicable regulations or |
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guidance; or |
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(2) under any applicable provision of federal law |
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[enacted on or after May 1, 2017,] for a waiver of applicable |
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provisions of any federal law, regulations, or guidance with |
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respect to health insurance coverage consistent with Section |
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1510.003. |
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SECTION 5. Section 1510.012(a), Insurance Code, is amended |
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to read as follows: |
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(a) Beginning June 1, 2020 [2018], not later than June 1 of |
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each year, the department shall submit a report to the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives. |
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SECTION 6. Section 1510.013, Insurance Code, is amended to |
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read as follows: |
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Sec. 1510.013. EXPIRATION OF CHAPTER. This chapter expires |
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August 31, 2021 [2019]. |
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SECTION 7. 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, 2019. |
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* * * * * |