Texas 2021 - 87th 1st C.S.

Texas House Bill HB81 Compare Versions

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

Old	New	Differences
1	1	By: Israel H.B. No. 81
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 to certain
7	7	persons 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. Chapter 32, Human Resources Code, is amended by
11	11	adding Subchapter H to read as follows:
12	12	SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE
13	13	Sec. 32.351. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE
14	14	UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a)
15	15	Notwithstanding any other law, the commission shall provide medical
16	16	assistance to all persons who apply for that assistance and for whom
17	17	federal matching funds are available under the Patient Protection
18	18	and Affordable Care Act (Pub. L. No. 111-148), as amended by the
19	19	Health Care and Education Reconciliation Act of 2010 (Pub. L.
20	20	No. 111-152), to provide that assistance.
21	21	(b) The executive commissioner shall adopt rules regarding
22	22	the provision of medical assistance as required by this section.
23	23	Sec. 32.352. ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR
24	24	MEDICAL ASSISTANCE. Not later than December 1 of each year, the
25	25	commission shall report to the governor, the lieutenant governor,
26	26	the speaker of the house of representatives, and the standing
27	27	committees of the senate and the house of representatives having
28	28	primary jurisdiction over the medical assistance program on the
29	29	effects of expanding eligibility for medical assistance under
30	30	Section 32.351, including the effects on:
31	31	(1) the number of persons in this state who do not have
32	32	health benefits coverage;
33	33	(2) state health care costs, including costs relating
34	34	to programs funded with money appropriated out of the general
35	35	revenue fund;
36	36	(3) local health care costs; and
37	37	(4) charity care and uncompensated care costs for
38	38	hospitals.
39	39	SECTION 2. Section 32.351, Human Resources Code, as added
40	40	by this Act, applies only to an initial determination or
41	41	recertification of eligibility of a person for medical assistance
42	42	under Chapter 32, Human Resources Code, made on or after January 1,
43	43	2022, regardless of the date the person applied for that
44	44	assistance.
45	45	SECTION 3. As soon as possible after the effective date of
46	46	this Act, the executive commissioner of the Health and Human
47	47	Services Commission shall take all necessary actions to expand
48	48	eligibility for medical assistance under Chapter 32, Human
49	49	Resources Code, in accordance with Section 32.351, Human Resources
50	50	Code, as added by this Act, including notifying appropriate federal
51	51	agencies of that expanded eligibility. If before implementing any
52	52	provision of this Act a state agency determines that any other
53	53	waiver or authorization from a federal agency is necessary for
54	54	implementation of that provision, the agency affected by the
55	55	provision shall request the waiver or authorization and may delay
56	56	implementing that provision until the waiver or authorization is
57	57	granted.
58	58	SECTION 4. This Act takes effect January 1, 2022, but only
59	59	if the constitutional amendment proposed by the 87th Legislature,
60	60	1st Called Session, 2021, requiring the state to expand eligibility
61	61	for Medicaid to all persons for whom federal matching funds are
62	62	available under the federal Patient Protection and Affordable Care
63	63	Act is approved by the voters. If that amendment is not approved by
64	64	the voters, this Act has no effect.