CHAPTER 524. TEXLINK TO HEALTH COVERAGE PROGRAM - Texas Statutes

INSURANCE CODE

TITLE 5. PROTECTION OF CONSUMER INTERESTS

SUBTITLE B. CONSUMER SERVICE PROVISIONS

CHAPTER 524. TEXLINK TO HEALTH COVERAGE

PROGRAM

Text of chapter effective on September 1, 2009, but only if a

specific appropriation is provided as described by Acts 2009,

81st Leg., R.S., Ch. 721, Sec. 2.04, which states: This Act does

not make an appropriation. This Act takes effect only if a

specific appropriation for the implementation of the Act is

provided in a general appropriations act of the 81st Legislature.

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 524.001. DEFINITIONS. In this chapter:

(1) "Division" means the division of the department that

administers the TexLink to Health Coverage Program.

(2) "Program" means the TexLink to Health Coverage Program

established in accordance with this chapter.

Added by Acts 2005, 79th Leg., Ch.

688, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.002. DIVISION RESPONSIBILITIES. Under the direction of

the commissioner, the division implements this chapter.

Added by Acts 2005, 79th Leg., Ch.

688, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.003. TEXLINK TO HEALTH COVERAGE PROGRAM ESTABLISHED.

(a) The department shall develop and implement a health coverage

program that complies with this chapter. The program must:

(1) educate the public about the importance and value of health

coverage;

(2) promote personal responsibility for health care through the

purchase of health coverage;

(3) assist small employers, individuals, and others seeking to

purchase health coverage with technical information necessary to

understand available health insurance coverage;

(4) promote and facilitate the development and availability of

new health coverage options;

(5) increase public awareness of health coverage options

available in this state; and

(6) provide information on health coverage options, including

health savings accounts and compatible high deductible health

benefit plans.

(b) The program must include a public awareness and education

component.

Added by Acts 2005, 79th Leg., Ch.

688, Sec. 1, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

SUBCHAPTER B. PUBLIC AWARENESS AND EDUCATION

Sec. 524.051. INFORMATION ABOUT SPECIFIC HEALTH BENEFIT PLAN

ISSUERS. In materials produced for the program, the division may

include information about specific health benefit plan issuers

but may not favor or endorse one particular issuer over another.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.052. PUBLIC SERVICE ANNOUNCEMENTS. The division shall

develop and make public service announcements to educate

consumers and employers about the availability of health coverage

in this state.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.053. INTERNET WEBSITE; PRINTED MATERIALS; NEWSLETTER.

(a) The division shall develop an Internet website and printed

materials designed to educate small employers, individuals, and

others seeking to purchase health coverage about health coverage

in accordance with Section 524.003(a), including information

about health savings accounts and compatible high deductible

health benefit plans.

(b) The division shall make the printed materials produced under

the program available to small employers, individuals, and others

seeking to purchase health coverage. The division may:

(1) distribute the printed materials through facilities such as

libraries, health care facilities, and schools as well as other

venues the division selects; and

(2) use other distribution methods the division selects.

(c) The division may produce a newsletter to provide updated

information about health coverage to subscribers who elect to

receive the newsletter. The division may:

(1) produce a newsletter under this subsection for small

employers, for individuals, or for other purchasers of health

coverage;

(2) distribute the newsletter on a monthly, quarterly, or other

basis; and

(3) distribute the newsletter as a printed document or

electronically.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.054. TOLL-FREE TELEPHONE HOTLINE; ACCESS TO

INFORMATION. (a) The division may operate a toll-free telephone

hotline to respond to inquiries and provide information and

technical assistance concerning health insurance coverage.

(b) The Health and Human Services Commission, through its 2-1-1

telephone number for access to human services, may disseminate

information regarding health insurance coverage provided to the

commission by the department and may refer inquiries regarding

health insurance coverage to the toll-free telephone hotline.

The department may provide information to the Health and Human

Services Commission as necessary to implement this subsection.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.055. EDUCATION FOR HIGH SCHOOL STUDENTS. (a) The

division may develop educational materials and a curriculum to be

used in high school classes that educate students about:

(1) the importance and value of health coverage;

(2) comparing health benefit plans; and

(3) understanding basic provisions contained in health benefit

plans.

(b) The division may consult with the Texas Education Agency in

developing educational materials and a curriculum under this

section.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.056. HEALTH COVERAGE FAIRS. (a) The division may

conduct health coverage fairs to provide small employers,

individuals, and others seeking to purchase health coverage the

opportunity to obtain information about health coverage from

division employees and from health benefit plan issuers and

agents that elect to participate.

(b) The division shall seek to obtain funding for health

coverage fairs conducted under this section through gifts and

grants obtained in accordance with Subchapter C.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.057. COMMUNITY EVENTS. The division may participate in

events held in this state to promote awareness of the importance

and value of health coverage and to educate small employers,

individuals, and others seeking to purchase health coverage about

health coverage in accordance with Section 524.003(a).

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.058. HEALTH COVERAGE PROVIDED THROUGH COLLEGES AND

UNIVERSITIES. The division may cooperate with a public or

private college or university to promote enrollment in health

coverage programs sponsored by or through the college or

university.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.059. SUPPORT FOR COMMUNITY-BASED PROJECTS. The

division may provide support and assistance to individuals and

organizations seeking to develop community-based health coverage

plans for uninsured individuals.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.060. OTHER EDUCATION. The division may provide other

appropriate education to the public regarding health coverage and

the importance and value of health coverage in accordance with

Section 524.003(a).

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.061. TASK FORCE. (a) The commissioner may appoint a

task force to make recommendations regarding the division's

duties under this subchapter. If appointed, the task force must

be composed of:

(1) one representative from each of the following groups or

entities:

(A) health coverage consumers;

(B) small employers;

(C) employers generally;

(D) insurance agents;

(E) the office of public insurance counsel;

(F) the Texas Health Insurance Risk Pool;

(G) physicians;

(H) advanced practice nurses;

(I) hospital trade associations; and

(J) medical units of institutions of higher education;

(2) a representative of the Health and Human Services Commission

responsible for programs under Medicaid and the children's health

insurance program;

(3) one or more representatives of health benefit plan issuers;

and

(4) one or more representatives of a regional or local health

care program for employees of small employers under Chapter 75,

Health and Safety Code.

(b) In addition to the individuals listed in Subsection (a), the

commissioner may select to serve on any task force one or more

individuals with experience in public relations, marketing, or

another related field of professional services.

(c) The division may consult the task force regarding the

content for the public service announcements, Internet website,

printed materials, and other educational materials required or

authorized by this subchapter. The commissioner has authority to

make final decisions as to what the program's materials will

contain.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.062. FEDERAL TAX "TOOL KIT" FOR CERTAIN BUSINESSES.

The department may:

(1) produce materials that:

(A) provide step-by-step instructions for a small employer or

single-employee business that is obtaining health coverage for

the benefit of the employer or business and the employees of the

business; and

(B) are designed to allow the employer or business to obtain the

coverage in a manner that qualifies for favorable treatment under

federal tax laws; and

(2) make department staff available to assist small employers

and single-employee businesses that are obtaining health coverage

as described by Subdivision (1).

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.063. ASSISTANCE FOR SMALL EMPLOYERS AND SINGLE-EMPLOYEE

BUSINESSES. The department may train staff concerning available

health coverage options for small employers and single-employee

businesses to:

(1) respond to telephone inquiries from small employers and

single-employee businesses; and

(2) speak at events to provide information about health coverage

options for small employers and single-employee businesses and

about the importance and value of health coverage.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

Sec. 524.064. ACCOUNTANT. The department may employ an

accountant with experience in federal tax law and the purchase of

group health coverage as necessary to implement this chapter.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.

SUBCHAPTER C. FUNDING

Sec. 524.101. FUNDING. The department may accept gifts and

grants from any party, including a health benefit plan issuer or

a foundation associated with a health benefit plan issuer, to

assist with funding the program. The department shall adopt

rules governing acceptance of donations that are consistent with

Chapter 575, Government Code. Before adopting rules under this

section, the department shall:

(1) submit the proposed rules to the Texas Ethics Commission for

review; and

(2) consider the commission's recommendations regarding the

regulations.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

721, Sec. 1.01, eff. September 1, 2009.