|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to regional or local health care programs for eligible |
|
individuals and employees of small employers. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The heading to Chapter 75, Health and Safety |
|
Code, is amended to read as follows: |
|
CHAPTER 75. REGIONAL OR LOCAL HEALTH CARE PROGRAMS FOR ELIGIBLE |
|
INDIVIDUALS AND EMPLOYEES OF SMALL EMPLOYERS |
|
SECTION 2. Section 75.001, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 75.001. PURPOSE. The purpose of this chapter is to: |
|
(1) improve the health of eligible individuals and |
|
employees of small employers and their families by improving the |
|
individuals' and employees' access to health care and by reducing |
|
the number of those individuals and employees who are uninsured; |
|
(2) reduce the likelihood that those individuals and |
|
employees and their families will require services from |
|
state-funded entitlement programs such as Medicaid; |
|
(3) contribute to economic development by helping |
|
small businesses remain competitive with a healthy workforce and |
|
optional health care benefits that will attract employees; and |
|
(4) encourage innovative solutions for providing and |
|
funding health care services and benefits. |
|
SECTION 3. Section 75.002, Health and Safety Code, is |
|
amended by amending Subdivisions (1), (3), and (4) and adding |
|
Subdivision (1-a) to read as follows: |
|
(1) "Eligible individual" means an individual |
|
eligible for participation in a regional or local health care |
|
program established under this chapter. |
|
(1-a) "Employee" means an individual employed by an |
|
employer. The term includes a partner of a partnership and the |
|
proprietor of a sole proprietorship. |
|
(3) "Local health care program" means a local health |
|
care program operating in one county and established for the |
|
benefit of eligible individuals and the employees of small |
|
employers under Subchapter B. |
|
(4) "Regional health care program" means a regional |
|
health care program operating in two or more counties and |
|
established for the benefit of eligible individuals and the |
|
employees of small employers under Subchapter B. |
|
SECTION 4. Sections 75.052 and 75.053, Health and Safety |
|
Code, are amended to read as follows: |
|
Sec. 75.052. GOVERNANCE OF PROGRAM. (a) [A regional health
|
|
care program may be operated subject to the direct governance of the
|
|
commissioners courts of the participating counties. A local health
|
|
care program may be operated subject to the direct governance of the
|
|
commissioners court of the participating county.] A regional or |
|
local health care program must [may] be operated by a [joint
|
|
council,] tax-exempt nonprofit entity[, or other entity that:
|
|
[(1)
operates the program under a contract with the
|
|
commissioners court or courts, as applicable; or
|
|
[(2)
is an entity in which the county or counties
|
|
participate or that is established or designated by the
|
|
commissioners court or courts, as applicable, to operate the
|
|
program]. |
|
(b) An [In selecting an] entity operating [described by
|
|
Subsection (a)(1) or (2) to operate] a regional or local health care |
|
program must [, the commissioners court or courts, as applicable,
|
|
shall require, to the extent possible, that the entity] be |
|
authorized under federal law to accept donations on a basis that is |
|
tax-deductible or otherwise tax-advantaged for the contributor. |
|
Sec. 75.053. OPERATION OF PROGRAM. A regional or local |
|
health care program provides health care services or benefits to |
|
eligible individuals and the employees of participating small |
|
employers who are located within the boundaries of the |
|
participating county or counties, as applicable. A program may |
|
also provide services or benefits to the dependents of those |
|
individuals and employees. |
|
SECTION 5. Subchapter B, Chapter 75, Health and Safety |
|
Code, is amended by adding Section 75.0545 to read as follows: |
|
Sec. 75.0545. PARTICIPATION BY ELIGIBLE INDIVIDUALS; SHARE |
|
OF COST. Subject to Section 75.153, the governing body may |
|
establish criteria for participation in a regional or local health |
|
care program by eligible individuals and their dependents. The |
|
criteria must require that participating individuals pay a share of |
|
the premium or other cost of the program. |
|
SECTION 6. Section 75.055(c), Health and Safety Code, is |
|
amended to read as follows: |
|
(c) A governing body shall actively solicit gifts, grants, |
|
and donations to: |
|
(1) fund services and benefits provided under the |
|
regional or local health care program; and |
|
(2) reduce the cost of participation in the program |
|
for eligible individuals and for small employers and their |
|
employees. |
|
SECTION 7. Section 75.101, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 75.101. ALTERNATIVE PROGRAMS AUTHORIZED; PROGRAM |
|
OBJECTIVES. In developing a regional or local health care program, |
|
a governing body may provide health care services or benefits as |
|
described by this subchapter or may develop another type of program |
|
to accomplish the purposes of this chapter. A regional or local |
|
health care program must be developed, to the extent practicable, |
|
to: |
|
(1) reduce the number of individuals without health |
|
benefit plan coverage [within the boundaries of the participating
|
|
county or counties]; |
|
(2) address rising health care costs and reduce the |
|
cost of health care services or health benefit plan coverage [for
|
|
small employers and their employees within the boundaries of the
|
|
participating county or counties]; |
|
(3) promote preventive care and reduce the incidence |
|
of preventable health conditions, such as heart disease, cancer, |
|
and diabetes and low birth weight in infants; |
|
(4) promote efficient and collaborative delivery of |
|
health care services; |
|
(5) serve as a model for the innovative use of health |
|
information technology to promote efficient delivery of health care |
|
services, reduce health care costs, and improve the health of the |
|
community; and |
|
(6) provide fair payment rates for health care |
|
providers, to the extent applicable. |
|
SECTION 8. Sections 75.102(a), (c), and (d), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) A regional or local health care program may provide |
|
health care benefits to eligible individuals and the employees of |
|
small employers by purchasing or facilitating the purchase of |
|
health benefit plan coverage for those individuals and employees |
|
from a health benefit plan issuer, including coverage under: |
|
(1) a small employer health benefit plan offered under |
|
Chapter 1501, Insurance Code; |
|
(2) a standard health benefit plan offered under |
|
Chapter 1507, Insurance Code; or |
|
(3) any other health benefit plan available in this |
|
state. |
|
(c) Notwithstanding Chapter 1251, Insurance Code, an |
|
insurer may issue a group accident and health insurance policy, |
|
including a group contract issued by a group hospital service |
|
corporation, to cover eligible individuals and the employees of |
|
small employers participating in a regional or local health care |
|
program. The group policyholder of a policy issued in accordance |
|
with this subsection is the governing body or the designee of the |
|
governing body. |
|
(d) A health maintenance organization may issue a health |
|
care plan to cover eligible individuals and the employees of small |
|
employers participating in a regional or local health care program. |
|
The group contract holder of a contract issued in accordance with |
|
this subsection is the governing body or the designee of the |
|
governing body. |
|
SECTION 9. Sections 75.104(a) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) A regional or local health care program may contract |
|
with health care providers within the boundaries of the |
|
participating county or counties to provide health care services |
|
directly to eligible individuals, the employees of participating |
|
small employers, and the dependents of those individuals and |
|
employees. |
|
(c) A governing body that operates a regional or local |
|
health care program under this section may require that |
|
participating eligible individuals, employees, and dependents |
|
obtain health care services only from health care providers that |
|
contract to provide those services under the program and may limit |
|
the health care services provided under the program to services |
|
provided within the boundaries of the program's service area |
|
[participating county or counties]. |
|
SECTION 10. This Act takes effect September 1, 2017. |