HBA-MPM C.S.H.B. 3038 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3038
By: Isett
Public Health
5/15/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Texas Medicaid Health Insurance Premium Payment Program (HIPP) is a
Medicaid program that pays the medical insurance premium, co-payments, and
deductibles for Medicaid eligible employees who work for companies that
offer private health insurance and meet HIPP requirements.  Under this
program, employers also pay a share of the employees' coverage.  If it is
cost effective, HIPP will pay the premium for an entire family even if only
one child in the family is Medicaid eligible.  Because of the emphasis on
cost-effectiveness, expanding HIPP to cover state child health plan (CHIP)
recipients and more Medicaid recipients could save the state money while
increasing the number of residents with health insurance coverage.
However, many families are currently approved for HIPP outside of their
employer's open enrollment periods because the eligibility process can be
time consuming.  C.S.H.B. 3038 permits enrollment in HIPP regardless of
period restrictions and directs CHIP eligible children and individuals
eligible for Medicaid into the HIPP program if it is cost effective. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Department of Health in
SECTION 2 (Section 32.0422, Human Resources Code) of this bill. 

ANALYSIS

C.S.H.B. 3038 amends the Health and Safety and Human Resources codes to
require the Texas Department of Health (TDH) to identify children who are
otherwise eligible for the state child health plan (CHIP) and individuals
who are otherwise entitled to Medicaid for potential enrollment in a group
health benefit plan (group plan).  The bill requires TDH to determine
whether it is cost-effective to enroll a particular individual in that
group plan through a health insurance premium payment reimbursement
program. If TDH determines that it is cost-effective, TDH is required to
provide written notice to the issuer of the group plan and shall require
the individual to apply to enroll in the group plan as a condition for
eligibility for CHIP or Medicaid, as applicable.   The bill provides for
payment of premiums for family members who are not eligible for CHIP or
Medicaid if enrollment for the eligible individual is not possible without
enrolling ineligible individuals and TDH determines it to be cost
effective.  The bill sets forth provisions for determining who is eligible
for a group plan and for the payment of the premiums (Sec. 62.059, Health
and Safety Code and Sec. 32.042, Human Resources Code).  The bill provides
that enrollment in a group plan does not affect a child's eligibility for
CHIP, except that the program is the payor of last resort for those
benefits (Sec. 62.059, Health and Safety Code). 

The bill requires TDH to treat coverage under a group plan for a Medicaid
recipient as a third party liability to the plan.  Enrollment of an
individual in a group plan does not affect the individual's eligibility for
Medicaid, except that the state is entitled to payment under certain
conditions.  The bill prohibits TDH from requiring or permitting an
individual who is enrolled in a group plan to participate in the Medicaid
managed care program or another Medicaid managed care demonstration
project. The bill requires TDH to adopt rules necessary to implement
provisions for enrolling Medicaid recipients in a group plan (Sec. 32.0422,
Human Resources Code). 

 H.B. 3038 amends the Insurance Code to require that, on receipt of written
notice from TDH that states an individual who is eligible for the group
plan is a participant in the health insurance premium payment reimbursement
program through CHIP or Medicaid,  the  issuer of the group plan is
required to permit the individuals to enroll in the plan without regard to
any enrollment period restriction.   If the CHIP or Medicaid recipient is
not eligible to enroll unless a family member of the individual is also
enrolled in the group plan, the issuer, on receipt of written notice, is
required to enroll both the individual and the family member in the group
plan. The bill sets forth provisions for when enrollment takes effect and
for the termination of enrollment (Article 21.52K). 

The bill requires the Texas Department of Human Services to provide
information and otherwise cooperate with TDH as necessary to ensure the
enrollment of Medicaid eligible individuals in a group plan.  The bill
authorizes TDH to consolidate or coordinate the administration of the two
health insurance premium payment reimbursement programs for Medicaid and
CHIP (Sec. 62.059, Health and Safety Code and Sec. 32.0422, Human Resources
Code).  

The bill amends the Labor Code to include employers of a Medicaid recipient
among those eligible for a tax refund voucher under certain conditions.
The bill also includes payment into a medical savings account among the
payment for health coverage for financial assistance recipients that
qualifies an employer for a tax refund voucher (Sec. 301.104). 

The bill requires TDH to study various options for increasing the
enrollment of Medicaid recipients in a group plan and the feasibility of
implementing an income-based sliding scale for the payment of premiums for
certain participants in the plan.  TDH  is required to report its
conclusions and recommendations to the governor, lieutenant governor, the
speaker of the house of representatives, and the presiding officer of each
standing committee of the senate and house of representatives having
jurisdiction over health and human services issues no later than December
1, 2002 (SECTION 5).  The bill requires HHSC to submit for approval a plan
amendment relating to CHIP as necessary to comply with the bill no later
than September 15, 2001.  The bill authorizes HHSC to delay the
implementation of the health insurance premium payment reimbursement
program until approval of the amended CHIP plan (SECTION 8). 

EFFECTIVE DATE

September 1, 2001, except that some provisions take effect August 31, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3038 differs from the original by requiring the Texas Department
of Health (TDH) to provide only for the payment of the employee's share of
required premiums for coverage of a CHIP recipient enrolled in the group
health benefit plan (group plan) and not deductibles, copayments,
coinsurance, or other costsharing obligations imposed on the enrolled child
for an item or service otherwise covered under CHIP (Sec. 62.059, Health
and Safety Code and Sec. 32.0422, Human Resources Code). 

The substitute establishes a deadline for termination from enrollment in
the group plan of no later than 60 days after an individual provides
satisfactory proof to the issuer that the individual is no longer a
participant in the CHIP or Medicaid health insurance premium reimbursement
program (Art. 21k, Insurance Code).