1 | 1 | | 84R5888 EES-F |
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2 | 2 | | By: Israel H.B. No. 1138 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the expansion of eligibility for medical assistance to |
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8 | 8 | | certain persons under the federal Patient Protection and Affordable |
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9 | 9 | | Care Act. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 32, Human Resources Code, is amended by |
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12 | 12 | | adding Subchapter G to read as follows: |
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13 | 13 | | SUBCHAPTER G. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE |
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14 | 14 | | Sec. 32.301. DEFINITIONS. In this subchapter: |
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15 | 15 | | (1) "Commission" means the Health and Human Services |
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16 | 16 | | Commission. |
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17 | 17 | | (2) "Executive commissioner" means the executive |
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18 | 18 | | commissioner of the Health and Human Services Commission. |
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19 | 19 | | Sec. 32.302. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE |
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20 | 20 | | UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) |
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21 | 21 | | Notwithstanding any other law, the commission shall provide medical |
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22 | 22 | | assistance to all persons who apply for that assistance and for whom |
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23 | 23 | | federal matching funds are available under the Patient Protection |
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24 | 24 | | and Affordable Care Act (Pub. L. No. 111-148) as amended by the |
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25 | 25 | | Health Care and Education Reconciliation Act of 2010 (Pub. L. No. |
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26 | 26 | | 111-152) to provide that assistance. |
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27 | 27 | | (b) The executive commissioner shall adopt rules regarding |
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28 | 28 | | the provision of medical assistance as required by this section. |
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29 | 29 | | Sec. 32.303. ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR |
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30 | 30 | | MEDICAL ASSISTANCE. Not later than December 1 of each year, the |
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31 | 31 | | commission shall report to the governor, the lieutenant governor, |
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32 | 32 | | the speaker of the house of representatives, and the standing |
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33 | 33 | | committees of the senate and the house of representatives having |
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34 | 34 | | primary jurisdiction over the medical assistance program on the |
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35 | 35 | | effects of expanding eligibility for medical assistance under |
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36 | 36 | | Section 32.302, including the effects on: |
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37 | 37 | | (1) the number of persons in this state who do not have |
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38 | 38 | | health benefits coverage; |
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39 | 39 | | (2) state health care costs, including costs relating |
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40 | 40 | | to programs funded with money appropriated out of the general |
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41 | 41 | | revenue fund; |
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42 | 42 | | (3) local health care costs; and |
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43 | 43 | | (4) charity care and uncompensated care costs for |
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44 | 44 | | hospitals. |
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45 | 45 | | SECTION 2. Section 32.302, Human Resources Code, as added |
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46 | 46 | | by this Act, applies only to an initial determination or |
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47 | 47 | | recertification of eligibility of a person for medical assistance |
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48 | 48 | | under Chapter 32, Human Resources Code, made on or after January 1, |
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49 | 49 | | 2016, regardless of the date the person applied for that |
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50 | 50 | | assistance. |
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51 | 51 | | SECTION 3. As soon as possible after the effective date of |
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52 | 52 | | this Act, the executive commissioner of the Health and Human |
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53 | 53 | | Services Commission shall take all necessary actions to expand |
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54 | 54 | | eligibility for medical assistance under Chapter 32, Human |
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55 | 55 | | Resources Code, in accordance with Section 32.302, Human Resources |
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56 | 56 | | Code, as added by this Act, including notifying appropriate federal |
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57 | 57 | | agencies of that expanded eligibility. If before implementing any |
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58 | 58 | | provision of this Act a state agency determines that any other |
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59 | 59 | | waiver or authorization from a federal agency is necessary for |
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60 | 60 | | implementation of that provision, the agency affected by the |
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61 | 61 | | provision shall request the waiver or authorization and may delay |
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62 | 62 | | implementing that provision until the waiver or authorization is |
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63 | 63 | | granted. |
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64 | 64 | | SECTION 4. This Act takes effect immediately if it receives |
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65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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68 | 68 | | Act takes effect September 1, 2015. |
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