HB 3015

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 3015 seeks to include direct primary care (DPC) fees as qualified medical expenses that can be applied toward insurance deductibles within certain state health benefit plans. The bill specifically targets plans under the Employees Retirement System of Texas (ERS) and the Teacher Retirement System of Texas (TRS), allowing participants to count payments made to direct primary care providers as deductible medical expenses.

Under the proposed legislation, "direct fees" are defined as payments made directly to a physician for primary medical care services, which can take various forms, including a monthly retainer, membership fee, subscription fee, or payment under a medical service agreement. These fees also encompass payments for individual services, visits, or episodes of care. Additionally, the bill clarifies that telemedicine and telehealth services delivered through a technology platform are included under direct primary care.

The bill mandates that the ERS and TRS boards adopt rules necessary to implement the inclusion of DPC fees as deductible expenses. This change would only apply to health benefit plans delivered, issued for delivery, or renewed on or after January 1, 2026. The Act is set to take effect on September 1, 2025.

The original version of HB 3015 and the Committee Substitute both address the inclusion of direct primary care (DPC) fees as qualified medical expenses that count toward insurance deductibles within state health benefit plans. However, there are a few key differences between the two versions.

The most significant difference between the original bill and the Committee Substitute is the scope of applicability. The original bill specifically addresses two state health benefit plans: the Employees Retirement System of Texas (ERS) and the Teacher Retirement System of Texas (TRS). It mandates that direct primary care fees count toward deductibles for participants enrolled in these plans. The Committee Substitute, however, broadens the language and provides more structured guidelines for implementation by the respective boards of trustees for ERS and TRS. This added guidance makes the process clearer and more standardized.

Another difference is that the Committee Substitute emphasizes the inclusion of telemedicine and telehealth services more explicitly as part of direct primary care, while the original bill mentions these services but does not provide as much clarity on their integration within the deductible calculation. Additionally, the Committee Substitute mandates rule adoption by both the ERS and TRS boards to ensure proper implementation, whereas the original bill's language on rulemaking is less specific.

Lastly, the effective date and applicability remain consistent between both versions, with the bill applying to health benefit plans delivered, issued, or renewed on or after January 1, 2026, and taking effect on September 1, 2025. The Committee Substitute refines the language to make the policy implementation smoother, but the core intent of both versions remains the same.
Author (1)
Daniel Alders
Co-Author (5)
Briscoe Cain
Brent Money
Keresa Richardson
Ellen Troxclair
Cody Vasut
Sponsor (1)
Bryan Hughes
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3015 would not have a significant fiscal impact on the state as a whole. The bill allows direct primary care (DPC) fees, such as membership or subscription fees for ongoing access to healthcare services, to count toward insurance deductibles within certain state health benefit plans. Most state agencies and institutions of higher education are expected to absorb any associated costs within their existing resources, indicating minimal financial impact at the state level.

However, the fiscal impact on the Teacher Retirement System (TRS) is uncertain. TRS has expressed concern that the bill could inadvertently direct ineligible expenses to count toward the deductible of TRS-Care, the health insurance program for public education retirees. If these direct primary care fees are deemed ineligible by federal standards, TRS-Care’s tax-qualified status could be jeopardized, potentially disrupting member services. Due to this potential risk, the LBB states that the exact fiscal implications for TRS cannot be determined at this time.

There is no anticipated fiscal impact on local governments as a result of this bill. The uncertainty around TRS-Care's compliance and tax status highlights a potential risk area that requires careful consideration as the bill moves forward. 

Vote Recommendation Notes

HB empowers state employees and retirees to take greater control over their healthcare by choosing direct primary care services that best meet their needs. DPC models are becoming increasingly popular because they eliminate administrative burdens, allowing physicians to focus more on patient care. This aligns with the principle of individual liberty by respecting personal healthcare choices, while also promoting personal responsibility by enabling participants to proactively manage their healthcare expenses.

A primary argument in favor of HB 3015 is that it does not require the allocation of new taxpayer dollars. The Legislative Budget Board (LBB) determined that the bill does not have a significant fiscal impact on the state, and any costs associated with implementation could be absorbed by existing resources within affected state agencies, including ERS and TRS. Unlike proposals that would mandate costly new programs or administrative studies, this bill works within current systems to offer greater healthcare flexibility.

Some opposition to the bill stems from concerns that allowing DPC fees to count toward TRS-Care deductibles could jeopardize the plan’s tax-qualified status if those fees are deemed ineligible under federal regulations. However, the bill contains essential safeguards to minimize this risk. The language of HB 3015 directs the ERS and TRS boards to adopt necessary rules to ensure compliance, allowing the systems to navigate potential regulatory challenges proactively. Furthermore, the bill explicitly includes telemedicine and telehealth services under DPC, reflecting the modern healthcare landscape and aligning with federal trends that increasingly recognize the value of remote care.

Critically, the bill is designed to take effect on January 1, 2026, providing ample time for ERS and TRS to develop implementation strategies that adhere to federal guidelines. This proactive planning period allows state retirement systems to engage in dialogue with healthcare and legal experts, ensuring that any rules adopted will protect the tax-qualified status of TRS-Care. Therefore, the risk of compliance issues is significantly mitigated by the deliberate and thoughtful implementation timeline.

Opponents may argue that a study is necessary to understand potential fiscal impacts fully. However, conducting such a study itself would impose additional costs on taxpayers. By leveraging the expertise of the ERS and TRS boards—who are already responsible for managing healthcare compliance—the bill avoids unnecessary expenditures while still addressing potential challenges. This approach reflects a commitment to limited government by ensuring that new regulations do not result in costly state-mandated research.

The bill supports free enterprise by recognizing direct primary care as a legitimate and cost-effective healthcare model. Allowing DPC fees to count toward deductibles could incentivize greater adoption of this model, promoting competition and improving the quality of primary care services. This legislation does not restrict traditional healthcare options but rather broadens the choices available to state employees and retirees, aligning with the principle of market freedom.

Ultimately, HB 3015 is carefully structured to balance the desire for healthcare innovation with the need for regulatory compliance. By granting rulemaking authority to ERS and TRS, the bill ensures that those who best understand the intricacies of retirement healthcare plans will shape the implementation. This structure reduces the risk of unintended consequences while allowing the state to support healthcare models that prioritize patient autonomy and cost savings.

Voting Yes on HB 3015 is a prudent decision that supports healthcare choice, cost efficiency, and patient-centered care without imposing significant new financial burdens on the state. The bill’s design allows for cautious and informed implementation, minimizing the risk to TRS-Care while advancing healthcare innovation. Supporting this legislation reflects a commitment to empowering individuals, respecting taxpayer dollars, and maintaining the stability of state retirement health plans. Texas Policy Research recommends that lawmakers vote YES on HB 3015.

  • Individual Liberty: HB 3015 upholds individual liberty by expanding healthcare choices for state employees and retirees. It allows participants in the Employees Retirement System of Texas (ERS) and the Teacher Retirement System of Texas (TRS) to include direct primary care (DPC) fees as qualified medical expenses applied toward insurance deductibles. This provision empowers individuals to choose healthcare models that best fit their needs, including personalized care through DPC arrangements. By reducing the financial barrier to utilizing DPC services, the bill enhances individual freedom in healthcare decision-making, allowing participants to exercise greater control over their medical care.
  • Personal Responsibility: The bill promotes personal responsibility by encouraging state employees and retirees to take charge of their healthcare decisions. By making DPC fees count toward insurance deductibles, HB 3015 incentivizes individuals to proactively seek primary care rather than delaying treatment due to cost concerns. This model also fosters a more direct financial relationship between patients and healthcare providers, reinforcing the principle that individuals are responsible for managing their own healthcare expenses. As participants choose DPC models that suit their needs, they are more likely to engage in preventive care, ultimately reducing long-term healthcare costs.
  • Free Enterprise: HB 3015 supports free enterprise by recognizing the growing popularity of the direct primary care model, which operates outside of traditional insurance structures. Allowing DPC fees to be deductible under state health plans promotes market competition by leveling the playing field between conventional insurance-based care and alternative healthcare arrangements. This recognition fosters innovation within the healthcare sector by validating models that reduce administrative burdens, lower costs, and improve patient outcomes. By making it easier for state employees and retirees to access DPC, the bill encourages the healthcare market to diversify and respond to consumer demand.
  • Private Property Rights: While the bill does not directly address private property rights, it indirectly supports these rights by empowering individuals to allocate their healthcare spending according to personal preferences. By enabling participants to use their private financial resources (in the form of DPC fees) as deductible expenses, the bill respects the autonomy of individuals to invest in healthcare that aligns with their values and needs. In this way, HB 3015 protects the right to use personal income to secure tailored medical care.
  • Limited Government: HB 3015 exemplifies the principle of limited government by avoiding new bureaucratic structures or mandates. Instead, it leverages existing governance frameworks by giving rulemaking authority to the ERS and TRS boards, allowing these entities to adapt the bill’s provisions within their current administrative capabilities. Furthermore, the bill does not impose additional taxes, create new programs, or mandate expensive studies. By focusing on adjusting deductible policies rather than increasing government oversight, HB 3015 maintains a minimal regulatory footprint while enhancing healthcare flexibility.
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