HBA-MPM H.B. 523 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 523
By: Tillery
Teacher Health Insurance, Select
2/5/2001
Introduced



BACKGROUND AND PURPOSE 

Since 1991, state law has required Texas school districts to offer
employees a health benefit plan that is comparable to that offered to state
employees through the Employee Retirement System of Texas (ERS).  There is
no requirement for the state or the district to pay the premium, hence some
districts pay all the cost while others pay little or none, sometimes
creating in such cases additional financial hardship for district
employees.  House Bill 523 requires Texas school districts to participate
in a statewide health benefit program through the Teacher Retirement System
of Texas (TRS) comparable to that administered by ERS, fully funded by the
school district and the state, that provides health insurance benefits for
active public school employees.  The bill also requires TRS to pay sliding
scale percentages of the health benefit premium for a retired public school
employee based on an employee's years of creditable service. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Teachers Retirement System of Texas
in SECTION 6 (Section 7A, Article 3.50-4, Insurance Code) of this bill. 

ANALYSIS

House Bill 326 amends the Insurance and Education codes to require the
Teacher Retirement System of Texas (TRS) to provide basic group health
benefits coverage for each active employee through a statewide group
insurance program (program) and requires each school district to
participate in the program (Sec. 7A, Art. 3.50-4, Insurance Code and Sec.
22.004, Education Code).  The bill amends the Insurance Code to authorize
TRS to provide optional group health benefits coverage for each active
employee.  The bill provides that the coverages must be the same as those
provided to retired school district employees.  The bill specifies that the
plan must be comparable to that provided by the Employees Retirement System
of Texas (ERS) to state employees and include coverage for prescribed
drugs, medicines, and prosthetic devices.  In addition to the required
basic health benefits coverage required, the coverage under the plan or
plans may include life insurance, accidental death and dismemberment,
long-term care, other supplemental benefits, supplies and services,
protection against the loss of salary, and other coverages considered
advisable by TRS.  TRS is required to consult with ERS in making coverage
determinations (Sec. 7A, Art. 3.50-4 and Sec. 8, Art. 3.50-4, Insurance
Code). 

The bill amends the Education Code to authorize a district to make
available to employees optional group coverages in addition to the basic
plan, in whole or in part, through a risk pool established through one or
more school districts, or under a policy or insurance or group contract
issued by an insurer, a group hospital service, or a health maintenance
organization.  The bill requires the cost for such optional coverage to be
shared by the employees and the district without contribution by the state
(Sec. 22.004, Education Code). 

The bill amends the Insurance Code to require the state to contribute an
amount equal to 50 percent of the cost for employee-only coverage for
active employees. The bill requires each participating district to
contribute the remaining 50 percent. The bill provides that unless a
district makes additional contributions to provide dependent or optional
coverage, each active employee is required to pay 100 percent of the  cost
for dependent or optional coverage through a deduction from the employee's
salary. The bill requires each active employee in a participating district
to participate in the basic coverage unless the employee specifically
waives participation in writing (Sec. 7A, Art. 3.50-4, Insurance Code). 

The bill modifies the amount TRS is required to contribute toward the cost
of the basic plan covering retired school district employees by requiring a
sliding scale for TRS contributions as follows: 

_100 percent of the cost of basic group health benefits coverage for a
retiree with at least 30 years of actual service credit; 

_75 percent of the cost of basic group health benefits coverage for a
retiree with at least 20 but less than 30 years of actual service credit;
and 

_
50 percent of the cost of basic group health benefits coverage for a
retiree with at least 10 but less than 20 years of actual service credit. 

The bill requires a retiree to pay 100 percent of the optional or dependent
coverage cost (Sec. 7, Art. 3.50-4, Insurance Code). 

The bill transfers the requirement to assist TRS in carrying out the
provisions regarding the providing of group insurance coverages and health
benefit plans from the State Board of Insurance to the commissioner of
insurance, and also requires TRS to make a written report to the
commissioner rather than the board (Secs. 10 and 19, Art. 3.50-4, Insurance
Code). 

The bill changes the name of the Retirees Advisory Committee currently in
existence to the Health Benefit Advisory Committee (committee). The bill
specifies that the committee is exempt from provisions in the Government
Code that limit the existence of an advisory committee (Sec. 6, Art.
3.50-4, Insurance Code). 

The bill requires TRS, by rule, to define the requirements of the basic
coverage and to establish minimum benefit standards for the program and
other requirements for districts as determined by TRS to be necessary for
the operation of the program. The bill requires TRS to pay the
administrative costs in extending the program to active employees, and
authorizes TRS to use for that purpose any unexpended balance from the fees
collected to study potential coverage under and participation in a
statewide program (Sec. 7A, Art. 3.50-4, Insurance Code).  

The bill requires TRS to begin enrollment in the program for active
employees and retirees to be effective beginning with the 2002-2003 school
year (SECTION 18). 

The bill repeals provisions authorizing a district to establish a health
care fund to provide for a health care plan for employees of the district
and dependents of employees and requires a district that, before September
1, 2001, established a health care fund  to abolish the fund no later than
September 1, 2002, and to distribute any unexpended balance in the fund
attributable to deductions made from district employees' salaries to the
employees in shares proportionate to the employees' contributions no later
than December 1, 2002 (SECTIONS 17 and 19). 

EFFECTIVE DATE

September 1, 2001.