HBA-MPM H.B. 2406 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2406
By: Gray
Public Health
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there are many limitations on the availability of adequate
health insurance for elderly Texans.  The Medicare program does not offer
prescription drug benefits, which can be one of the most expensive
categories of health care costs.  Additionally, some Medicare providers and
health management organizations are withdrawing from the Medicare program,
citing reasons such as low reimbursement rates. Since most elderly Texans
are also retired and live on fixed incomes, they generally lack health
insurance coverage through an employer and are unable to afford private
insurance.  A health benefit plan to supplement Medicaid and Medicare
coverage for elderly citizens would greatly aid this population in
obtaining health care services.  House Bill 2406 establishes a supplemental
state health insurance program for Texans 65 years of age and older or
disabled Texans 55 years of age and older that is provided free of cost for
those at or below 150 percent of the federal poverty level.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 1 (Sections 65.051- 65.053, 65.057,  65.058, and
65.151, Health and Safety Code) and to the Texas Department of Insurance in
SECTION 1 (Section 65.054, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 2406 amends the Health and Safety Code to establish a
supplemental health benefit plan (plan) to provide health care benefits to
supplement Medicare or Medicaid benefits for low-income Texas residents who
are 65 years of age or older or 55 years of age or older and unable to work
full-time because of a disability (Sec. 65.001). 

H.B. 2406 requires the Health and Human Services Commission (HHSC), no
later than September 1, 2002, to develop and implement the plan.  The bill
provides that HHSC is responsible for making policy for the plan and is
prohibited from delegating this duty.  The bill require HHSC to adopt rules
as necessary to implement the provisions of this bill.  HHSC is authorized
to require the Texas Department of Health (TDH), the Texas Department of
Human Services (DHS), or any other health and human services agency to
adopt with the approval of HHSC any rules necessary to implement the plan.
The bill authorizes HHSC with the consent of another agency including the
Texas Department of Insurance (TDI) to delegate to that agency the
authority to adopt with HHSC's approval any rules that may be necessary to
implement the plan.  The bill authorizes HHSC to conduct a review of each
entity entering into a contract to implement the plan or provide health
benefit services for the plan to ensure that the entity is available,
prepared, and able to fulfill its obligations (Sec. 65.051 and SECTION 3). 

The bill sets forth the duties of HHSC, TDH, DHS, and TDI  in developing
and implementing the plan and requires HHSC or TDH and DHS under the
direction of and in consultation with HHSC to adopt rules as necessary to
implement each agency's duties.  The bill requires TDI in consultation with
HHSC to adopt rules as necessary to implement its duties (Secs.
65.052-65.054). 

 H.B. 2406 authorizes HHSC to contract with a third party administrator to
provide enrollment and related services that would otherwise be performed
by DHS or TDH.  The bill sets forth provisions for the procurement process
associated with such contracts (Sec. 65.055).  The bill authorizes HHSC to
conduct a community outreach and education campaign to provide information
relating to the availability of plan coverage and to contract with
community-based organizations or coalitions of community-based
organizations to implement the campaign.  HHSC is authorized to direct TDH
or DHS to perform all or part of the campaign (Sec. 65.056).  

The bill authorizes HHSC to develop and implement rules for the prevention
and detection of fraud in the plan program (Secs. 65.058). 

The bill authorizes HHSC to appoint regional advisory committees to provide
recommendations on the implementation and operation of the plan (Sec.
65.057).  H.B. 2406 sets forth eligibility criteria for an individual's
participation in the plan and requires HHSC or DHS at the direction of and
in consultation with HHSC to adopt an application form and procedures for
requesting coverage under the plan and to develop eligibility screening and
enrollment procedures for the plan.  The bill provides that determination
on the eligibility of an applicant must be made and the information on the
individual's available choice of health plan providers be provided no later
than the 30th day after the individual submits an application.  HHSC is
authorized to establish enrollment periods for the plan program (Secs.
65.101-65.103). 

The bill requires HHSC in consultation with the commissioner of insurance
(commissioner) to establish by rule benefits provided under the plan, which
must include benefits equal to the lowest level of benefits available under
a Medicare supplement policy, an annual physical, outpatient prescription
drugs, and emergency care (Sec. 65.151).  The bill requires the
commissioner to establish a premium for plan coverage and provide coverage
without charging a premium to an individual whose net family income is at
or below 150 percent of the federal poverty level.  The commissioner is
required to provide coverage at reduced premium rates to certain
individuals whose income is above 150 percent of the federal poverty level
and provides that individuals with higher levels of income are required to
pay progressively higher rates and specifies that under the reduced premium
rates, an individual must pay at least 40 percent of the cost of the plan.
The bill requires the commissioner to specify how the premium may be paid
(Sec. 65.153). 

H.B. 2406 requires the commissioner to require an enrollee in the plan to
pay a copayment or similar charge for benefits provided under the plan
(Sec. 65.154).  The plan may include a waiting period, a preexisting
condition provision, and copayments and other provisions intended to
discourage employers and other persons from discontinuing health benefit
coverage for a person eligible for the plan and to discourage individuals
with access to adequate health benefit plan coverage from discontinuing
that coverage (Sec. 65.155). 

The bill requires HHSC or TDH at the direction of and in consultation with
HHSC to select the health plan providers under the program through a
competitive procurement process.  The bill sets forth eligibility
requirements for a health plan provider.  The bill requires a managed care
organization or other entity to seek to obtain the participation in its
network of significant traditional providers as defined by HHSC rule. HHSC
is required to provide for a choice of at least two health plan providers
in each metropolitan area. The commissioner may authorize an exception to
this provision if only one acceptable applicant applies to become a
provider in the metropolitan area (Sec. 65.156). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.