Texas 2009 - 81st Regular

Texas House Bill HB3470 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R13149 KLA-F
2	2	By: Coleman H.B. No. 3470
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration and funding of and eligibility for
8	8	the child health plan, medical assistance, and other programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 531.021(e), Government Code, is amended
11	11	to read as follows:
12	12	(e) Notwithstanding any other provision of Chapter 32,
13	13	Human Resources Code, Chapter 533, or this chapter, the commission:
14	14	(1) may adjust the fees, charges, and rates paid to
15	15	Medicaid providers as necessary to achieve the objectives of the
16	16	Medicaid program in a manner consistent with the considerations
17	17	described by Subsection (d); and
18	18	(2) shall adjust the fees, charges, and rates paid for
19	19	primary care and nursing home services annually to, at a minimum,
20	20	account for inflation.
21	21	SECTION 2. Subchapter B, Chapter 531, Government Code, is
22	22	amended by adding Sections 531.02417, 531.02418, 531.02419, and
23	23	531.02420 to read as follows:
24	24	Sec. 531.02417. ENROLLMENT AND RETENTION MODIFICATIONS FOR
25	25	RECEIPT OF FEDERAL BONUS PAYMENTS. (a) Notwithstanding any other
26	26	provision of this chapter, Chapter 62, Health and Safety Code,
27	27	Chapter 32, Human Resources Code, or any other law, the commission
28	28	shall take all necessary actions to modify enrollment and retention
29	29	processes employed in the child health plan and Medicaid programs
30	30	to ensure that this state receives federal performance bonus
31	31	payments made available under Section 2105(a)(3), Social Security
32	32	Act (42 U.S.C. Section 1397ee(a)(3)), or, if an enrollment and
33	33	retention process employed in those programs does not require a
34	34	modification, maintain the process to ensure receipt of those
35	35	payments.
36	36	(b) Actions the commission is required to take under
37	37	Subsection (a) include implementing or maintaining the following
38	38	with respect to children younger than 19 years of age:
39	39	(1) a 12-month period of continuous eligibility for
40	40	the child health plan and Medicaid programs, as required by Section
41	41	62.102, Health and Safety Code, and Section 32.0261, Human
42	42	Resources Code, respectively;
43	43	(2) liberalizing asset test requirements for
44	44	eligibility determinations for the child health plan and Medicaid
45	45	programs, which may include:
46	46	(A) eliminating the asset test regardless of
47	47	whether the test is specifically authorized by statute; or
48	48	(B) permitting an applicant, or the applicant's
49	49	parent or guardian, to certify under penalty of perjury information
50	50	relating to assets or using an asset verification process that does
51	51	not require an applicant, or the applicant's parent or guardian, to
52	52	provide documentation except when discrepancies are discovered or
53	53	under other circumstances that justify requiring documentation, as
54	54	determined by the executive commissioner in accordance with federal
55	55	law;
56	56	(3) eliminating any personal interview requirements
57	57	for determining eligibility for the child health plan or Medicaid
58	58	programs, notwithstanding any other law;
59	59	(4) using the same application, set of supplemental
60	60	forms, if applicable, and information verification process for
61	61	determining eligibility for the child health plan and Medicaid
62	62	programs; and
63	63	(5) using automatic, administrative processes for
64	64	recertifying eligibility for the child health plan and Medicaid
65	65	programs that comply with the requirements specified by Section
66	66	2105(a)(4)(E), Social Security Act (42 U.S.C. Section
67	67	1397ee(a)(4)(E)), including:
68	68	(A) providing a preprinted form completed by the
69	69	commission or a person contracting with the commission to perform
70	70	eligibility and enrollment functions that is based on available
71	71	information, unless other information is provided or obtained
72	72	through verification; and
73	73	(B) using an ex parte process under which no
74	74	personal interview is required unless the commission, or the person
75	75	contracting with the commission to perform eligibility and
76	76	enrollment functions, does not have sufficient information to
77	77	recertify eligibility and that information cannot be acquired from
78	78	other sources without the participation of an applicant or the
79	79	applicant's parent or guardian.
80	80	Sec. 531.02418. RECEIPT OF TEMPORARY INCREASED MEDICAID
81	81	FMAP AND DSH ALLOTMENT. (a) In this section:
82	82	(1) "DSH allotment" means the federal funding
83	83	allotment provided under the disproportionate share hospital
84	84	supplemental payment program.
85	85	(2) "Medicaid FMAP" means the federal medical
86	86	assistance percentage by which state Medicaid expenditures are
87	87	matched with federal funds.
88	88	(b) The commission shall take all actions necessary to
89	89	qualify this state for the temporary increase in the Medicaid FMAP
90	90	authorized by Section 5001, American Recovery and Reinvestment Act
91	91	of 2009 (Pub. L. No. 111-5), and for the temporary increase in this
92	92	state's DSH allotment authorized by Section 5002, American Recovery
93	93	and Reinvestment Act of 2009 (Pub. L. No. 111-5). If necessary, the
94	94	commission shall, with assistance from the Texas Workforce
95	95	Commission, monitor the state unemployment increase percentage as
96	96	defined by Section 5001(c)(4), American Recovery and Reinvestment
97	97	Act of 2009 (Pub. L. No. 111-5), and assist in providing accurate
98	98	data regarding that percentage to the federal government for
99	99	purposes of ensuring receipt of the additional Medicaid FMAP
100	100	increase authorized by Section 5001(c) of that Act, if applicable.
101	101	(c) This section expires September 2, 2011.
102	102	Sec. 531.02419. MAINTENANCE OF ELIGIBILITY; PROMPT PAYMENT
103	103	REQUIREMENTS. (a) In this section, "Medicaid FMAP" has the meaning
104	104	assigned by Section 531.02418.
105	105	(b) Notwithstanding any other law, including any Act of the
106	106	81st Legislature that is enacted and becomes law, the commission
107	107	may not implement any eligibility standard, methodology, or
108	108	procedure under the Medicaid program, including a Medicaid waiver
109	109	program, that is more restrictive than the corresponding
110	110	eligibility standard, methodology, or procedure in effect on July
111	111	1, 2008, if the implementation of the standard, methodology, or
112	112	procedure would result in this state's ineligibility under Section
113	113	5001(f), American Recovery and Reinvestment Act of 2009 (Pub. L.
114	114	No. 111-5), for an increase in the Medicaid FMAP.
115	115	(c) The commission and any person under contract with the
116	116	commission shall comply with the prompt payment requirements with
117	117	respect to claims subject to Section 1902(a)(37)(A), Social
118	118	Security Act (42 U.S.C. Section 1396a(a)(37)(A)), to ensure this
119	119	state's eligibility for an increased Medicaid FMAP. The commission
120	120	shall report to the United States secretary of health and human
121	121	services on a quarterly basis as required by Section
122	122	5001(f)(2)(A)(ii), American Recovery and Reinvestment Act of 2009
123	123	(Pub. L. No. 111-5), regarding compliance with those requirements
124	124	by the commission and persons under contract with the commission.
125	125	(d) This section expires September 2, 2011.
126	126	Sec. 531.02420. USE OF ADDITIONAL FEDERAL FUNDS; REPORT TO
127	127	FEDERAL GOVERNMENT. (a) Notwithstanding any other law, funds
128	128	received as a result of the increased Medicaid FMAP, as defined by
129	129	Section 531.02418, and any other federal funds received for
130	130	purposes of the Medicaid program as a result of the enactment of the
131	131	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
132	132	shall be credited to the general revenue fund and may not be
133	133	credited to the economic stabilization fund established under
134	134	Section 3.49-g, Article III, Texas Constitution, or another similar
135	135	fund established as a reserve fund for the future needs of this
136	136	state.
137	137	(b) Not later than September 30, 2011, the commission shall
138	138	submit a report to the United States secretary of health and human
139	139	services in the form and manner required by the secretary regarding
140	140	the use of additional Medicaid FMAP funds received by this state
141	141	resulting from the American Recovery and Reinvestment Act of 2009
142	142	(Pub. L. No. 111-5).
143	143	(c) This section expires December 1, 2011.
144	144	SECTION 3. Section 531.02444(a), Government Code, is
145	145	amended to read as follows:
146	146	(a) The executive commissioner shall develop and implement
147	147	a Medicaid buy-in program for persons with disabilities as
148	148	authorized by the Ticket to Work and Work Incentives Improvement
149	149	Act of 1999 (Pub. L. No. 106-170) or the Balanced Budget Act of 1997
150	150	(Pub. L. No. 105-33). The commission may conduct a community
151	151	outreach campaign to provide information relating to the
152	152	availability of Medicaid coverage through the buy-in program and to
153	153	promote enrollment of eligible persons in the program.
154	154	SECTION 4. Section 32.0261, Human Resources Code, is
155	155	amended to read as follows:
156	156	Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department
157	157	shall adopt rules in accordance with 42 U.S.C. Section
158	158	1396a(e)(12), as amended, to provide for a period of continuous
159	159	eligibility for a child under 19 years of age who is determined to
160	160	be eligible for medical assistance under this chapter. The rules
161	161	shall provide that the child remains eligible for medical
162	162	assistance, without additional review by the department and
163	163	regardless of changes in the child's resources or income, until the
164	164	earlier of:
165	165	(1) the first anniversary of [end of the six-month
166	166	period following] the date on which the child's eligibility was
167	167	determined; or
168	168	(2) the child's 19th birthday.
169	169	SECTION 5. (a) In this section:
170	170	(1) "Benefits program" means any program operated by
171	171	the Health and Human Services Commission or a health and human
172	172	services agency, as defined by Section 531.001, Government Code,
173	173	that provides benefits to persons whose eligibility for the program
174	174	is determined using TIERS, including:
175	175	(A) the child health plan program under Chapter
176	176	62, Health and Safety Code;
177	177	(B) the financial assistance program under
178	178	Chapter 31, Human Resources Code;
179	179	(C) the medical assistance program under Chapter
180	180	32, Human Resources Code; and
181	181	(D) the food stamp program under Chapter 33,
182	182	Human Resources Code.
183	183	(2) "TIERS" means the Texas Integrated Eligibility
184	184	Redesign System.
185	185	(b) The Health and Human Services Commission shall develop
186	186	and implement reforms to:
187	187	(1) improve the operation of TIERS and the accuracy of
188	188	eligibility determinations for benefits programs made through
189	189	TIERS; and
190	190	(2) ensure that eligibility determinations for
191	191	benefits programs made through TIERS are made within the timelines
192	192	required under state and federal law.
193	193	(c) Reforms the commission may consider implementing
194	194	include establishing minimum staffing levels for the operation of
195	195	TIERS, qualifications and training for TIERS staff, and maximum
196	196	caseloads per staff person.
197	197	SECTION 6. The changes in law made by this Act apply to an
198	198	initial determination of eligibility or a recertification of
199	199	eligibility for the child health plan program under Chapter 62,
200	200	Health and Safety Code, or the medical assistance program under
201	201	Chapter 32, Human Resources Code, made on or after September 1,
202	202	2009.
203	203	SECTION 7. If before implementing any provision of this Act
204	204	a state agency determines that a waiver or authorization from a
205	205	federal agency is necessary for implementation of that provision,
206	206	the agency affected by the provision shall request the waiver or
207	207	authorization and may delay implementing that provision until the
208	208	waiver or authorization is granted.
209	209	SECTION 8. In the event of a conflict between a provision of
210	210	this Act and another Act passed by the 81st Legislature, Regular
211	211	Session, 2009, that becomes law, this Act prevails regardless of
212	212	the relative dates of enactment.
213	213	SECTION 9. This Act takes effect immediately if it receives
214	214	a vote of two-thirds of all the members elected to each house, as
215	215	provided by Section 39, Article III, Texas Constitution. If this
216	216	Act does not receive the vote necessary for immediate effect, this
217	217	Act takes effect September 1, 2009.