82R10694 KLA-D
By: Shelton H.B. No. 3136
A BILL TO BE ENTITLED
AN ACT
relating to greater flexibility over the administration and
operation of the Medicaid program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Health and Human Services Commission
shall identify changes to the administration and operation of the
Medicaid program that would increase efficiency and reduce program
costs borne by this state if implemented, but that the commission
cannot implement because of restrictions under federal law. The
commission shall actively pursue a waiver or other authorization
from the federal Centers for Medicare and Medicaid Services to
implement those changes to the extent permitted by the laws of this
state.
(b) In addition to any changes with respect to which the
Health and Human Services Commission pursues a waiver or other
authorization under Subsection (a) of this section, the commission
shall actively seek from appropriate federal governmental
entities:
(1) flexibility with respect to the Medicaid
maintenance of effort requirements specified in the Patient
Protection and Affordable Care Act (Pub. L. No. 111-148) as amended
by the Health Care and Education Reconciliation Act of 2010 (Pub. L.
No. 111-152) to allow the commission to modify eligibility criteria
as necessary to maintain control of rising Medicaid costs;
(2) flexibility with respect to the benefits provided
to recipients under the Medicaid program; and
(3) authorization to impose nominal copayments for
Medicaid services to encourage Medicaid recipients to take
responsibility for health care decision-making, allow recipients
to have greater ownership over their health care, and modify
recipients' behaviors that result in inappropriate use of services.
SECTION 2. 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, 2011.