81R27582 KFF-D
By: Dukes, Martinez, Naishtat, et al. H.B. No. 744
Substitute the following for H.B. No. 744:
By: Rose C.S.H.B. No. 744
A BILL TO BE ENTITLED
AN ACT
relating to the restoration of the medically needy program under
the state Medicaid program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. RESTORATION OF MEDICALLY NEEDY PROGRAM. (a) In
this section:
(1) "FMAP" means the federal medical assistance
percentage by which state expenditures under the Medicaid program
are matched with federal funds.
(2) "Medicaid program" means the medical assistance
program under Chapter 32, Human Resources Code.
(b) Subject to Subsection (c) of this section, during the
state fiscal biennium beginning September 1, 2009, the medically
needy program under Section 32.024(i), Human Resources Code, as
amended by Chapters 198 (H.B. 2292) and 1251 (S.B. 1862), Acts of
the 78th Legislature, Regular Session, 2003, that serves certain
pregnant women, children, and caretakers must, at a minimum, serve
recipients, including adult recipients, in the same manner and at
the same level as services were provided to recipients under the
medically needy program during the state fiscal biennium ending
August 31, 2003.
(c) The Health and Human Services Commission is required to
expand the number of recipients served and the services provided in
accordance with Subsection (b) of this section only if:
(1) for any portion of the period beginning September
1, 2009, and ending December 31, 2010:
(A) this state's FMAP is increased as authorized
by Section 5001(c), American Recovery and Reinvestment Act of 2009
(Pub. L. No. 111-5); and
(B) the applicable percent used in computing that
increase is the percent specified in Section 5001(c)(3)(A)(ii) or
(iii), American Recovery and Reinvestment Act of 2009 (Pub. L. No.
111-5); and
(2) the receipt by this state of federal funds
resulting from the increased FMAP described by Subdivision (1) of
this subsection results in general revenue funds otherwise
appropriated to the Health and Human Services Commission becoming
available for the purposes of this section.
(d) The Health and Human Services Commission:
(1) may use appropriated funds that become available
as described by Subsection (c)(2) of this section for purposes of
this section; and
(2) is not required to obtain prior approval from the
governor, the Legislative Budget Board, or any other person or
entity to use those funds for purposes of this section.
SECTION 2. FEDERAL AUTHORIZATION. If before implementing
any provision of this Act a state agency determines that a waiver or
authorization from a federal agency is necessary for implementation
of that provision, the agency affected by the provision shall
request the waiver or authorization and may delay implementing that
provision until the waiver or authorization is granted.
SECTION 3. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2009.