Texas 2009 - 81st Regular

Texas House Bill HB744 Compare Versions

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Old	New	Differences
1	1	81R27582 KFF-D
2	2	By: Dukes, Martinez, Naishtat, et al. H.B. No. 744
3	3	Substitute the following for H.B. No. 744:
4	4	By: Rose C.S.H.B. No. 744
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the restoration of the medically needy program under
10	10	the state Medicaid program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. RESTORATION OF MEDICALLY NEEDY PROGRAM. (a) In
13	13	this section:
14	14	(1) "FMAP" means the federal medical assistance
15	15	percentage by which state expenditures under the Medicaid program
16	16	are matched with federal funds.
17	17	(2) "Medicaid program" means the medical assistance
18	18	program under Chapter 32, Human Resources Code.
19	19	(b) Subject to Subsection (c) of this section, during the
20	20	state fiscal biennium beginning September 1, 2009, the medically
21	21	needy program under Section 32.024(i), Human Resources Code, as
22	22	amended by Chapters 198 (H.B. 2292) and 1251 (S.B. 1862), Acts of
23	23	the 78th Legislature, Regular Session, 2003, that serves certain
24	24	pregnant women, children, and caretakers must, at a minimum, serve
25	25	recipients, including adult recipients, in the same manner and at
26	26	the same level as services were provided to recipients under the
27	27	medically needy program during the state fiscal biennium ending
28	28	August 31, 2003.
29	29	(c) The Health and Human Services Commission is required to
30	30	expand the number of recipients served and the services provided in
31	31	accordance with Subsection (b) of this section only if:
32	32	(1) for any portion of the period beginning September
33	33	1, 2009, and ending December 31, 2010:
34	34	(A) this state's FMAP is increased as authorized
35	35	by Section 5001(c), American Recovery and Reinvestment Act of 2009
36	36	(Pub. L. No. 111-5); and
37	37	(B) the applicable percent used in computing that
38	38	increase is the percent specified in Section 5001(c)(3)(A)(ii) or
39	39	(iii), American Recovery and Reinvestment Act of 2009 (Pub. L. No.
40	40	111-5); and
41	41	(2) the receipt by this state of federal funds
42	42	resulting from the increased FMAP described by Subdivision (1) of
43	43	this subsection results in general revenue funds otherwise
44	44	appropriated to the Health and Human Services Commission becoming
45	45	available for the purposes of this section.
46	46	(d) The Health and Human Services Commission:
47	47	(1) may use appropriated funds that become available
48	48	as described by Subsection (c)(2) of this section for purposes of
49	49	this section; and
50	50	(2) is not required to obtain prior approval from the
51	51	governor, the Legislative Budget Board, or any other person or
52	52	entity to use those funds for purposes of this section.
53	53	SECTION 2. FEDERAL AUTHORIZATION. If before implementing
54	54	any provision of this Act a state agency determines that a waiver or
55	55	authorization from a federal agency is necessary for implementation
56	56	of that provision, the agency affected by the provision shall
57	57	request the waiver or authorization and may delay implementing that
58	58	provision until the waiver or authorization is granted.
59	59	SECTION 3. EFFECTIVE DATE. This Act takes effect
60	60	immediately if it receives a vote of two-thirds of all the members
61	61	elected to each house, as provided by Section 39, Article III, Texas
62	62	Constitution. If this Act does not receive the vote necessary for
63	63	immediate effect, this Act takes effect September 1, 2009.