By: Schwertner S.B. No. 1808
(In the Senate - Filed March 8, 2013; March 18, 2013, read
first time and referred to Committee on Finance; April 29, 2013,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 9, Nays 3; April 29, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1808By: By: Huffman
A BILL TO BE ENTITLED
AN ACT
relating to the cost effects of expanding eligibility for medical
assistance under the federal Patient Protection and Affordable Care
Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02473 to read as follows:
Sec. 32.02473. COST EFFECTS OF EXPANDED ELIGIBILITY FOR
MEDICAL ASSISTANCE UNDER PATIENT PROTECTION AND AFFORDABLE CARE
ACT. (a) In this section, "commission" means the Health and Human
Services Commission.
(b) If the commission expands eligibility for medical
assistance in accordance with and provides medical assistance using
federal matching funds made 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), the commission, in cooperation with the comptroller and
Legislative Budget Board, shall conduct a study regarding the cost
effects of that expanded eligibility. The study must identify:
(1) the estimated amount of uncompensated care costs
the state will save each state fiscal year by expanding that
eligibility;
(2) the estimated amount of health care costs hospital
districts and counties in this state will save each state fiscal
year by expanding that eligibility; and
(3) the estimated reduction in uncompensated care
costs to hospital districts and counties that will result from the
expansion of medical assistance eligibility and that would
otherwise be paid from hospital district and county tax revenue.
(c) The commission shall ensure that cost savings
identified under Subsection (b)(1) are reflected in each biennial
legislative appropriations request submitted to the Legislative
Budget Board by the commission or a health and human services
agency.
(d) In preparing a general appropriations bill as required
by Section 322.008, Government Code, the Legislative Budget Board
shall ensure that any proposed appropriation for providing health
care to residents of this state reflects the cost savings
identified under Subsection (b)(1) and the legislative
appropriations requests prepared in accordance with Subsection
(c).
SECTION 2. Chapter 26, Tax Code, is amended by adding
Section 26.0442 to read as follows:
Sec. 26.0442. TAX RATE ADJUSTMENT FOR EXPANDED ELIGIBILITY
FOR MEDICAL ASSISTANCE UNDER PATIENT PROTECTION AND AFFORDABLE CARE
ACT. In the first tax year in which a hospital district or a county
adopts a tax rate and in which the state expands eligibility for
medical assistance in accordance with and provides medical
assistance using federal matching funds made 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), the effective tax rate and the rollback
tax rate for the hospital district or the county are decreased by
the rate that, if applied to current total value, would impose an
amount of taxes equal to the reduction in uncompensated care costs
realized by the hospital district or county as identified under
Section 32.02473(b)(3), Human Resources Code, that will result from
the provision of that assistance.
SECTION 3. (a) Not later than the first anniversary of the
effective date of expanded eligibility criteria implemented in
accordance with 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), for the Medicaid
program, the Health and Human Services Commission, in cooperation
with the comptroller of public accounts and the Legislative Budget
Board, shall complete the study required under Subsection (b),
Section 32.02473, Human Resources Code, as added by this Act.
(b) Subsections (c) and (d), Section 32.02473, Human
Resources Code, as added by this Act, apply only to legislative
appropriations requests and general appropriations bills,
respectively, prepared on or after the date the Health and Human
Services Commission completes the study required under Subsection
(b), Section 32.02473, Human Resources Code, as added by this Act.
SECTION 4. 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 5. This Act takes effect September 1, 2013.
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