83R2333 EES-D
By: Johnson H.B. No. 1001
A BILL TO BE ENTITLED
AN ACT
relating to the expansion of eligibility for Medicaid in certain
counties under the federal Patient Protection and Affordable Care
Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 4, Government Code, is amended
by adding Chapter 538 to read as follows:
CHAPTER 538. WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES
Sec. 538.001. APPLICABILITY OF CHAPTER. This chapter
applies only to a county:
(1) that has a population of 2.2 million or more and is
adjacent to a county with a population of more than 600,000; and
(2) in which more than 5,000 physicians are practicing
medicine.
Sec. 538.002. DEFINITION. In this chapter, "Medicaid"
means the medical assistance program established under Title XIX,
Social Security Act (42 U.S.C. Section 1396 et seq.).
Sec. 538.003. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION
IN CERTAIN COUNTIES. (a) On the request of a county to which this
chapter applies, the executive commissioner shall, on behalf of the
county, seek a waiver under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to
expand the categories of persons eligible for Medicaid benefits by
allowing the county to provide Medicaid benefits to any resident of
the county:
(1) who is not otherwise eligible to receive Medicaid
benefits under the program established under Chapter 32, Human
Resources Code, and operated by the state, including through a
waiver, other than one granted under this section, to the program;
(2) who applies to receive Medicaid benefits; and
(3) for whom federal matching funds are available
under 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 provide Medicaid benefits.
(b) The terms of a waiver under this section must:
(1) specify how, and with the assistance of what
entities, the county will implement and operate a delivery system
for the provision of Medicaid benefits to persons described by
Subsection (a);
(2) specify the role of the commission in facilitating
the provision of those Medicaid benefits;
(3) identify the sources of funds to be used to pay the
state's share of the cost of Medicaid benefits provided by the
county;
(4) establish qualifications for a person to be
considered a resident of the county for purposes of receiving
Medicaid benefits from the county; and
(5) if appropriate, prescribe changes to the
commission's eligibility determination process for Medicaid
benefits to accommodate the expanded categories of persons eligible
to receive Medicaid benefits from the county.
(c) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 2. Not later than December 1, 2013, the executive
commissioner of the Health and Human Services Commission shall
adopt rules necessary to implement Section 538.003, Government
Code, as added by this Act, including rules that specify procedures
by which a county may request that the commission seek a waiver
under that section.
SECTION 3. This Act takes effect September 1, 2013.