83R2831 KKR-D
	By: Zerwas	H.B. No. 2129

	A BILL TO BE ENTITLED
	AN ACT
	relating to information about private health care insurance
	coverage and the health insurance exchange for individuals applying
	for certain Department of State Health Services programs and
	services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter D, Chapter 1001, Health and Safety
	Code, is amended by adding Sections 1001.080 and 1001.081 to read as
	follows:
	Sec. 1001.080.  HEALTH INSURANCE COVERAGE INFORMATION. (a)
	In this section, "individual's legally authorized representative"
	means:
	(1)  a parent, managing conservator, or guardian of an
	individual, if the individual is a minor;
	(2)  a guardian of an individual, if the individual has
	been adjudicated incompetent to manage the individual's personal
	affairs; or
	(3)  an agent of the individual authorized under a
	durable power of attorney for health care.
	(b)  This section applies to a health or mental health
	program or service provided by the department or under a department
	program that the department anticipates will be impacted by a
	health insurance exchange as defined by Section 1001.081(a),
	including:
	(1)  programs and services provided by the Texas Center
	for Infectious Disease under Chapter 13;
	(2)  community primary health care services provided
	under Chapter 31;
	(3)  women's and children's health services provided
	under Chapter 32;
	(4)  laboratory services provided under Chapter 33;
	(5)  services for children with special health care
	needs provided under Chapter 35;
	(6)  epilepsy program assistance provided under
	Chapter 40;
	(7)  hemophilia program assistance provided under
	Chapter 41;
	(8)  kidney health care services provided under Chapter
	42;
	(9)  the indigent health care reimbursement program
	provided under Chapter 61;
	(10)  human immunodeficiency virus infection and
	sexually transmitted disease prevention programs and services
	provided under Chapter 85;
	(11)  infectious disease prevention, epidemiology, and
	surveillance programs and services provided under Chapter 98;
	(12)  immunization programs provided under Chapter
	161;
	(13)  programs and services provided by the Rio Grande
	State Center under Chapter 252;
	(14)  mental health services for adults provided under
	Chapter 534;
	(15)  mental health services for children provided
	under Chapter 534;
	(16)  community mental health crisis services provided
	under Chapter 534;
	(17)  the NorthSTAR Behavioral Health Program provided
	under Chapter 534;
	(18)  programs and services provided by community
	mental health hospitals under Chapter 552;
	(19)  programs and services provided by state mental
	health hospitals under Chapter 552; and
	(20)  any other health or mental health program or
	service designated by the department.
	(c)  Subject to Subsection (d), the department may not
	provide a health or mental health program or service described in
	Subsection (b), unless the individual applying to receive the
	program or service submits to the department on the form prescribed
	by the department a statement by the individual or the individual's
	legally authorized representative attesting that the individual
	does not have access to private health care insurance coverage that
	provides benefits for the services provided under the program or
	service.
	(d)  The department may waive the prohibition under
	Subsection (c) for an individual or for a mental health program or
	service described in Subsection (b) if the department determines
	that the program or service is necessary during a crisis or
	emergency.
	(e)  The executive commissioner shall adopt rules necessary
	to implement this section.
	Sec. 1001.081.  HEALTH INSURANCE EXCHANGE INFORMATION. (a)
	In this section:
	(1)  "Health insurance exchange" means an American
	Health Benefit Exchange administered by the federal government
	under 42 U.S.C. Section 18041 or created under 42 U.S.C. Section
	18031.
	(2)  "Individual's legally authorized representative"
	has the meaning assigned by Section 1001.080(a).
	(b)  The department shall develop informational materials
	regarding health care insurance coverage and subsidies available
	under a health insurance exchange.  The informational materials
	must be in English and in Spanish, and to the extent possible, in
	other languages.
	(c)  The department shall distribute the informational
	materials developed under Subsection (b) to an individual or the
	individual's legally authorized representative who:
	(1)  applies to receive a health or mental health
	program or service described in Section 1001.080(b); and
	(2)  has an income above 100 percent of the federal
	poverty level.
	(d)  The executive commissioner shall adopt rules necessary
	to implement this section.
	SECTION 2.  As soon as practicable after the effective date
	of this Act, the Department of State Health Services shall
	prescribe the form required by Section 1001.080, Health and Safety
	Code, as added by this Act.
	SECTION 3.  Not later than June 1, 2014, the Department of
	State Health Services shall make available the informational
	materials required by Section 1001.081, Health and Safety Code, as
	added by this Act.
	SECTION 4.  As soon as possible after the effective date of
	this Act, the Health and Human Services Commission shall apply for
	any waiver or other authorization necessary to implement this Act.
	The commission may delay implementing this Act until the waiver or
	authorization is granted.
	SECTION 5.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.