83R1448 EES-D
By: Rodriguez S.B. No. 455
A BILL TO BE ENTITLED
AN ACT
relating to the expansion of eligibility for medical assistance to
certain persons under the federal Patient Protection and Affordable
Care Act and the application and eligibility determination
processes for medical assistance and other programs.
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 32.02472 to read as follows:
Sec. 32.02472. EXPANDED ELIGIBILITY AND APPLICATION AND
ELIGIBILITY DETERMINATION PROCESSES FOR MEDICAL ASSISTANCE UNDER
PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) Notwithstanding any
other law, the department shall provide medical assistance to all
persons who apply for that assistance and 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 that assistance.
(b) In providing medical assistance under Subsection (a),
the department shall, notwithstanding any other law:
(1) as provided by 42 U.S.C. Section 18083:
(A) adopt a single, streamlined application form
that an individual may use to apply online, in person, by mail, or
by telephone for enrollment in, to receive a determination of
eligibility for participation in, and to continue participation in
the medical assistance program, the child health plan program under
Chapter 62, Health and Safety Code, or a qualified health plan
offered through a health insurance exchange created to facilitate
the purchase of individual and small group health coverage; and
(B) to the maximum extent practicable, establish
and use electronic sources of data when determining an individual's
eligibility for medical assistance;
(2) establish modified adjusted gross income of an
individual as the basis for determining income eligibility, and
define that income in the same manner the income is defined for
purposes of 42 U.S.C. Section 1396a(e)(14)(A);
(3) eliminate assets and resources tests as provided
by 42 U.S.C. Section 1396a(e)(14)(C) for the purpose of determining
eligibility for medical assistance;
(4) eliminate in-person interview requirements for
the purpose of determining or redetermining eligibility for medical
assistance as provided by 42 C.F.R. Sections 435.907(d) and
435.916(a)(3)(iv); and
(5) redetermine eligibility for medical assistance
once every 12 months, and no more frequently than once every 12
months for recipients whose financial eligibility is determined
using modified adjusted gross income as provided by 42 C.F.R.
Section 435.916.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt rules regarding the provision of
medical assistance as required by this section.
SECTION 2. The changes in law made by this Act apply only to
an initial determination or recertification of eligibility of a
person for medical assistance under Chapter 32, Human Resources
Code, made on or after January 1, 2014, regardless of the date the
person applied for that assistance.
SECTION 3. As soon as possible after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall take all necessary actions to expand
eligibility for medical assistance under Chapter 32, Human
Resources Code, in accordance with Section 32.02472, Human
Resources Code, as added by this Act, including notifying
appropriate federal agencies of that expanded eligibility.
SECTION 4. As soon as possible after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall adopt the rules required under Section
32.02472, Human Resources Code, as added by this Act.
SECTION 5. If before implementing any provision of this Act
a state agency determines that any other 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 6. 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, 2013.