HBA-JEK, MPM H.B. 1248 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1248
By: Tillery
Teacher Health Insurance, Select
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Although school districts have been required to provide health insurance
coverage to their employees since 1991, coverage, including prescription
drug coverage, varies greatly from school district to school district.
House Bill 1248 creates a statewide prescription drug benefit plan for
active and retired employees of public school districts and their
dependents.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Employees Retirement System of
Texas and the Teacher Retirement System of Texas in SECTION 1.01 (Section
3, Article 3.50-4B, Insurance Code) of this bill. 

ANALYSIS

House Bill 1248 amends the Insurance Code to require the Employees
Retirement System of Texas (ERS) and the Teacher Retirement System of Texas
(TRS) to jointly administer a public school prescription drug benefit plan
(plan).  The bill gives primary responsibility to ERS for developing,
contracting, and managing the operations of the plan.  The bill assigns
primary responsibility to TRS  for providing plan-related services to plan
participants (Sec. 2, Art. 3.50-4B).  The bill provides that the plan must
provide benefits at least equivalent to the comparable benefits offered to
state employees through ERS, and that the plan's copayment, coinsurance, or
deductible provisions be as favorable to plan participants as are
comparable provisions applicable to benefits provided to state employees
(Sec. 5, Art. 3.50-4B and SECTION 3.01). 

The bill provides that the respective boards of trustees of ERS and TRS
have joint power regarding the plan that is equivalent to the power that
the ERS board of trustees has in administering benefits for state employees
under the Texas Employees Uniform Group Insurance Benefits Act, including
the authority to adopt rules to administer the plan (Sec. 3, Art. 3.50-4B).
The bill requires the boards of trustees of ERS and TRS to enter into a
memorandum of understanding governing each system's powers and duties (Sec.
4, Art. 3.50-4B). 

The bill requires ERS to develop and implement the plan during the
2001-2002 school year to provide prescription drug benefits for active and
retired employees and their dependents beginning with the 20022003 school
year, but no later than September 1, 2002 (Sec. 5, Art. 3.50-4B and SECTION
3.01).  The bill provides that each full-time active and retiree employee
participate in the program unless participation is specifically waived or
the participant is expelled.  A retiree, dependent, or part-time active
employee is authorized to enroll in the program in accordance with rules
adopted to administer the plan (Sec. 5, Art. 3.50-4B). 

H.B. 1248 creates the public school prescription drug benefit plan fund
(fund) as a trust fund with the state comptroller of public accounts.  The
bill requires the board of trustees of ERS to administer the fund and
requires contributions made by the state, school districts, and plan
participants to be credited to the fund. The bill restricts the use of the
fund to payment for coverage or benefits provided under the plan and
administration expenses (Sec. 6, Art. 3.50-4B).   
 
The bill requires the state to contribute the full cost of the plan for
each full-time active employee or retiree, and one-half of the cost of plan
coverage for each part-time active employee or dependent.  The bill
requires ERS, no later than November 1 preceding each regular legislative
session, to certify to the Legislative Budget Board and the budget division
of the governor's office the amount needed to pay the state's contribution
to the fund for the following biennium.  The bill requires the governor to
include this amount in the budget the governor submits to the legislature
(Sec. 7, Art. 3.50-4B). The bill authorizes a school district to contribute
all or part of the cost of the plan that exceeds the amount of state
contributions (Sec. 8, Art. 3.50-4B).  The bill requires a plan participant
to contribute the cost of the plan that exceeds the total amount of state
and school district contributions (Sec. 9, Art. 3.50-4B). 

H.B. 1248 amends the Education and Insurance codes to prohibit group health
coverage provided by a school district or TRS under existing law from
including prescription drug benefits (Art. 26.036 and Sec. 8, Art. 3.50-4,
Insurance Code and Secs. 22.004 and 22.005, Education Code). 

EFFECTIVE DATE

September 1, 2001.  Provisions prohibiting the inclusion of a drug benefits
plan in health benefits coverage offered by a district take effect
September 1, 2002.