83S20024 EES-D
By: Turner of Harris H.B. No. 39
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.
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 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) 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 change in law made by this Act applies 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. 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 4. 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 on the 91st day after the last day of the
legislative session.