S.B. No. 1057

	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 health or mental
	health benefits, services, and assistance.
	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 health or mental health
	benefits, services, or assistance provided by the department that
	the department anticipates will be impacted by a health insurance
	exchange as defined by Section 1001.081(a), including:
	(1)  community primary health care services provided
	under Chapter 31;
	(2)  women's and children's health services provided
	under Chapter 32;
	(3)  services for children with special health care
	needs provided under Chapter 35;
	(4)  epilepsy program assistance provided under
	Chapter 40;
	(5)  hemophilia program assistance provided under
	Chapter 41;
	(6)  kidney health care services provided under Chapter
	42;
	(7)  human immunodeficiency virus infection and
	sexually transmitted disease prevention programs and services
	provided under Chapter 85;
	(8)  immunization programs provided under Chapter 161;
	(9)  programs and services provided by the Rio Grande
	State Center under Chapter 252;
	(10)  mental health services for adults provided under
	Chapter 534;
	(11)  mental health services for children provided
	under Chapter 534;
	(12)  the NorthSTAR Behavioral Health Program provided
	under Chapter 534;
	(13)  programs and services provided by community
	mental health hospitals under Chapter 552;
	(14)  programs and services provided by state mental
	health hospitals under Chapter 552; and
	(15)  any other health or mental health program or
	service designated by the department.
	(c)  Subject to Subsection (d), the department may not
	provide health or mental health benefits, services, or assistance
	described in Subsection (b) unless the individual applying to
	receive the benefits, services, or assistance submits to the
	department on the form prescribed by the department:
	(1)  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 that provides
	coverage for the benefit, service, or assistance; or
	(2)  if the individual has access to private health
	care insurance that provides coverage for the benefit, service, or
	assistance, the information and authorization necessary for the
	department to submit a claim for reimbursement from the insurer for
	the benefit, service, or assistance.
	(d)  The department may waive the prohibition under
	Subsection (c) for an individual or for health or mental health
	benefits, services, or assistance described in Subsection (b) if
	the department determines that a benefit, service, or assistance 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 may develop informational materials
	regarding health care insurance coverage and subsidies available
	under a health insurance exchange.
	(c)  The department shall provide the informational
	materials regarding health care insurance coverage and subsidies
	available under a health insurance exchange to an individual or the
	individual's legally authorized representative who:
	(1)  applies to receive health or mental health
	benefits, services, or assistance 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.  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 4.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1057 passed the Senate on
	April 11, 2013, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1057 passed the House on
	May 20, 2013, by the following vote:  Yeas 143, Nays 2, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor