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thursday, april 16, 2009
House Passes Legislation Creating Insurance Discount for Low-Income Texans
On April 8, the House passed CSHB 2064 (Smithee/Hardcastle/Eiland/Bohac/Alonzo), relating to premium discounts
for certain participants in the Texas Health Insurance Risk Pool and to related tax credits for health benefit plan issuers.
The bill was received in the Senate on the same day. The Texas Health Insurance Risk Pool provides an insurance option
for Texans with chronic health conditions who do not have employer-sponsored coverage. In many cases the risk pool is the
only option these individuals have for health insurance.
CSHB 2064 amends the Insurance Code to require that discounted
premiums be offered on a sliding scale to certain participants in the Texas Health Insurance Risk Pool based on financial
need. The bill requires premium rates to equal the pool’s standard risk rate for an individual whose household
income is below 200 percent of the federal poverty measure, as determined under the United States Department of Health
and Human Services poverty guidelines in effect at the time coverage is provided, and requires premium rates to equal 140
percent of the pool’s standard risk rate for an individual whose household income is at or below 30 percent, but
not less than 200 percent, of the federal poverty measure.
The bill prohibits the aggregate premium discount, determined
by subtracting the dollar amount of premiums collected from the dollar amount that would have been collected if a discount
was not available under these provisions, from exceeding $20 million in any two-year period, beginning with the two-year
period that begins January 1, 2010, and ends December 31, 2011.
CSHB 2064 entitles a health benefit plan issuer
to a credit against its premium tax for premium discounts and provides that each issuer’s share of the premium discounts
is based on the statutory method of determining the amount of an issuer’s assessment required to cover net losses as
calculated by the pool.
The bill makes the tax credit applicable to the premium tax due in the calendar year following
the calendar year in which the assessment is paid and authorizes: 1. an unused credit to be carried over to apply to
the premium tax due in the five consecutive calendar years that follow the calendar year in which the credit may first be
applied; 2. the balance of a tax credit not claimed in a particular calendar year to be reflected in the books and records
of the issuer as an admitted asset; and 3. available credit against premium tax allowed under these provisions to be
transferred or assigned among health benefit plan issuers if a merger, acquisition or total assumption of reinsurance occurs
among the issuers or if the commissioner of insurance by order approves the transfer or assignment.
The committee
substitute differs from the original HB 2064 by changing the time period for which the cap on the aggregate premium discount
applies from the two-year period beginning January 1, 2010, and ending December 31, 2011, to any two-year period, beginning
with the two-year period that begins January 1, 2010, and ends December 31, 2011.
thu, april 16, 2009 | link
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