Texas 2021 - 87th Regular

Texas House Bill HB513 Compare Versions

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11 By: Beckley H.B. No. 513
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the expansion of eligibility for Medicaid in certain
77 counties.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle I, Title 4, Government Code, is amended
1010 by adding Chapter 540 to read as follows:
1111 CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES
1212 Sec. 540.001. DEFINITION. Notwithstanding Section
1313 531.001, in this chapter, "Medicaid" means the medical assistance
1414 program established under Title XIX, Social Security Act (42 U.S.C.
1515 Section 1396 et seq.).
1616 Sec. 540.002. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION
1717 IN CERTAIN COUNTIES. (a) On the request of the commissioners court
1818 of a county and notwithstanding any other law, the executive
1919 commissioner shall, on behalf of the county, seek a waiver under
2020 Section 1115 of the Social Security Act (42 U.S.C. Section 1315) to
2121 the state Medicaid plan to expand to the maximum extent permitted by
2222 federal law the categories of persons eligible for Medicaid
2323 benefits by allowing the county to provide Medicaid benefits to any
2424 resident of the county:
2525 (1) who is not otherwise eligible to receive Medicaid
2626 benefits under the program established under Chapter 32, Human
2727 Resources Code, and operated by the state, including through a
2828 waiver, other than a waiver sought under this section, to the
2929 program;
3030 (2) who applies to receive Medicaid benefits; and
3131 (3) for whom federal matching funds are available to
3232 provide Medicaid benefits.
3333 (b) The terms of a waiver under this section must:
3434 (1) specify how, and with the assistance of what
3535 entities, the county will implement and operate a delivery system
3636 for the provision of Medicaid benefits to persons described by
3737 Subsection (a);
3838 (2) specify the role of the commission in facilitating
3939 the provision of those Medicaid benefits;
4040 (3) identify the sources of funds to be used to pay the
4141 state's share of the cost of Medicaid benefits provided by the
4242 county;
4343 (4) establish qualifications for a person to be
4444 considered a resident of the county for purposes of receiving
4545 Medicaid benefits from the county; and
4646 (5) if appropriate, prescribe changes to the
4747 commission's eligibility determination process for Medicaid
4848 benefits to accommodate the expanded categories of persons eligible
4949 to receive Medicaid benefits from the county.
5050 (c) The executive commissioner shall adopt rules necessary
5151 to implement this section.
5252 SECTION 2. Not later than December 1, 2021, the executive
5353 commissioner of the Health and Human Services Commission shall
5454 adopt rules necessary to implement Section 540.002, Government
5555 Code, as added by this Act, including rules that specify procedures
5656 by which a county may request that the executive commissioner seek a
5757 waiver under that section.
5858 SECTION 3. This Act takes effect immediately if it receives
5959 a vote of two-thirds of all the members elected to each house, as
6060 provided by Section 39, Article III, Texas Constitution. If this
6161 Act does not receive the vote necessary for immediate effect, this
6262 Act takes effect September 1, 2021.