Texas 2015 - 84th Regular

Texas House Bill HB4000 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R11758 EES-D
2	2	By: Blanco H.B. No. 4000
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expansion of eligibility for Medicaid by counties
8	8	under the federal Patient Protection and Affordable Care Act.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 4, Government Code, is amended
11	11	by adding Chapter 540 to read as follows:
12	12	CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID BY COUNTIES
13	13	Sec. 540.001. DEFINITION. In this chapter, "Medicaid"
14	14	means the medical assistance program established under Title XIX,
15	15	Social Security Act (42 U.S.C. Section 1396 et seq.).
16	16	Sec. 540.002. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION
17	17	BY COUNTIES. (a) The executive commissioner shall seek a waiver
18	18	under Section 1115 of the Social Security Act (42 U.S.C. Section
19	19	1315) to the state Medicaid plan to expand the categories of persons
20	20	eligible for Medicaid benefits by allowing a county to provide or
21	21	coordinate the provision of Medicaid benefits to any resident of
22	22	the county:
23	23	(1) who is not otherwise eligible to receive Medicaid
24	24	benefits under the program established under Chapter 32, Human
25	25	Resources Code, and operated by the state, including through a
26	26	waiver, other than one granted under this section, to the program;
27	27	(2) who applies to receive Medicaid benefits; and
28	28	(3) for whom federal matching funds are available
29	29	under the Patient Protection and Affordable Care Act (Pub. L. No.
30	30	111-148) as amended by the Health Care and Education Reconciliation
31	31	Act of 2010 (Pub. L. No. 111-152) to provide Medicaid benefits.
32	32	(b) The terms of a waiver under this section must:
33	33	(1) specify the requirements for a county to provide
34	34	or coordinate the provision of Medicaid benefits to persons
35	35	described by Subsection (a);
36	36	(2) specify the role of the commission in facilitating
37	37	the provision of those Medicaid benefits; and
38	38	(3) require that the state's share of the cost of
39	39	Medicaid benefits that are provided, or the provision of which is
40	40	coordinated, by a county and any administrative costs relating to
41	41	the provision of those benefits be paid by local funds received by
42	42	the state from the county through intergovernmental transfers.
43	43	(c) The executive commissioner shall adopt rules necessary
44	44	to implement this section, including rules that:
45	45	(1) establish requirements for any delivery system
46	46	implemented and operated by a county for the provision of Medicaid
47	47	benefits;
48	48	(2) establish qualifications for a person to be
49	49	considered a resident of a county for purposes of receiving
50	50	Medicaid benefits through the county;
51	51	(3) prescribe changes to the commission's eligibility
52	52	determination process for Medicaid benefits to accommodate the
53	53	expanded categories of persons eligible to receive Medicaid
54	54	benefits through a county; and
55	55	(4) establish procedures for the commission to receive
56	56	local funds from a county through intergovernmental transfers for
57	57	payment of the state's share of the cost of Medicaid benefits that
58	58	are provided, or the provision of which is coordinated, by the
59	59	county and any administrative costs relating to the provision of
60	60	those benefits.
61	61	SECTION 2. (a) The Health and Human Services Commission
62	62	shall actively develop a proposal for the waiver or other
63	63	authorization from the appropriate federal agency as required by
64	64	Chapter 540, Government Code, as added by this Act.
65	65	(b) As soon as possible after the effective date of this
66	66	Act, the Health and Human Services Commission shall request and
67	67	actively pursue approval from the appropriate federal agency of the
68	68	waiver or other authorization developed under Chapter 540,
69	69	Government Code, as added by this Act.
70	70	(c) If the waiver or other authorization developed under
71	71	Chapter 540, Government Code, as added by this Act, is granted by
72	72	the appropriate federal agency, as soon as possible after the date
73	73	the waiver or other authorization is granted, the executive
74	74	commissioner of the Health and Human Services Commission shall
75	75	adopt the rules required by Section 540.002(c), Government Code, as
76	76	added by this Act.
77	77	SECTION 3. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2015.