Texas 2021 - 87th 1st C.S.

Texas House Bill HB109 Compare Versions

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

Old	New	Differences
1	1	By: Bernal H.B. No. 109
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the expansion of eligibility for Medicaid in certain
7	7	counties under the federal Patient Protection and Affordable Care
8	8	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 IN CERTAIN COUNTIES
13	13	Sec. 540.0001. DEFINITION. Notwithstanding Section
14	14	531.001, in this chapter, "Medicaid" means the medical assistance
15	15	program established under Title XIX, Social Security Act (42 U.S.C.
16	16	Section 1396 et seq.).
17	17	Sec. 540.0002. FEDERAL AUTHORIZATION FOR MEDICAID
18	18	EXPANSION IN CERTAIN COUNTIES. (a) On the request of a county and
19	19	notwithstanding any other law, the executive commissioner shall, on
20	20	behalf of the county, seek a waiver under Section 1115 of the Social
21	21	Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to
22	22	expand the categories of persons eligible for Medicaid benefits by
23	23	allowing the county to provide Medicaid benefits to any resident of
24	24	the county:
25	25	(1) who is not otherwise eligible to receive Medicaid
26	26	benefits under the program established under Chapter 32, Human
27	27	Resources Code, and operated by the state, including through a
28	28	waiver, other than a waiver sought under this section, to the
29	29	program;
30	30	(2) who applies to receive Medicaid benefits; and
31	31	(3) for whom federal matching funds are available
32	32	under the Patient Protection and Affordable Care Act (Pub. L.
33	33	No. 111-148) as amended by the Health Care and Education
34	34	Reconciliation Act of 2010 (Pub. L. No. 111-152) to provide
35	35	Medicaid benefits.
36	36	(b) The terms of a waiver under this section must:
37	37	(1) specify how, and with the assistance of what
38	38	entities, the county will implement and operate a delivery system
39	39	for the provision of Medicaid benefits to persons described by
40	40	Subsection (a);
41	41	(2) specify the role of the commission in facilitating
42	42	the provision of those Medicaid benefits;
43	43	(3) identify the sources of funds to be used to pay the
44	44	state's share of the cost of Medicaid benefits provided by the
45	45	county;
46	46	(4) establish qualifications for a person to be
47	47	considered a resident of the county for purposes of receiving
48	48	Medicaid benefits from the county; and
49	49	(5) if appropriate, prescribe changes to the
50	50	commission's eligibility determination process for Medicaid
51	51	benefits to accommodate the expanded categories of persons eligible
52	52	to receive Medicaid benefits from the county.
53	53	(c) The executive commissioner shall adopt rules necessary
54	54	to implement this section.
55	55	SECTION 2. Not later than December 1, 2021, the executive
56	56	commissioner of the Health and Human Services Commission shall
57	57	adopt rules necessary to implement Section 540.0002, Government
58	58	Code, as added by this Act, including rules that specify procedures
59	59	by which a county may request that the executive commissioner seek a
60	60	waiver under that section.
61	61	SECTION 3. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect on the 91st day after the last day of the
66	66	legislative session.