| 1 | 1 | | By: Guerra H.B. No. 135 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to expanding eligibility for medical assistance to certain |
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| 7 | 7 | | persons under the federal Patient Protection and Affordable Care |
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| 8 | 8 | | Act. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.02473 to read as follows: |
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| 12 | 12 | | Sec. 32.02473. EXPANDED ELIGIBILITY FOR MEDICAL |
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| 13 | 13 | | ASSISTANCE. (a) In this section, "medical assistance expansion |
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| 14 | 14 | | group" means the category of persons who would not be eligible for |
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| 15 | 15 | | medical assistance under the eligibility criteria in effect on |
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| 16 | 16 | | December 31, 2021, but who are eligible for that assistance because |
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| 17 | 17 | | of the requirement of this section. |
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| 18 | 18 | | (b) Notwithstanding any other law, the commission shall |
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| 19 | 19 | | provide medical assistance to all persons who apply for that |
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| 20 | 20 | | assistance and for whom federal matching money is available. |
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| 21 | 21 | | (c) This section does not establish an entitlement to |
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| 22 | 22 | | benefits under the medical assistance program for persons in the |
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| 23 | 23 | | medical assistance expansion group for whom federal matching money |
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| 24 | 24 | | is not available. Medical assistance benefits for persons in the |
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| 25 | 25 | | medical assistance expansion group terminate at the time federal |
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| 26 | 26 | | funding terminates under the Patient Protection and Affordable Care |
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| 27 | 27 | | Act (Pub. L. No. 111-148) as amended by the Health Care and |
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| 28 | 28 | | Education Reconciliation Act of 2010 (Pub. L. No. 111-152), unless |
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| 29 | 29 | | a successor program providing federal funding is created. |
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| 30 | 30 | | (d) The executive commissioner shall adopt any rules |
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| 31 | 31 | | necessary to implement any changes in the provision of and |
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| 32 | 32 | | eligibility criteria for medical assistance required by this |
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| 33 | 33 | | section. |
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| 34 | 34 | | SECTION 2. Section 32.02473, Human Resources Code, as added |
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| 35 | 35 | | by this Act, applies only to an initial determination or |
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| 36 | 36 | | recertification of eligibility of a person for medical assistance |
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| 37 | 37 | | under Chapter 32, Human Resources Code, made on or after the date |
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| 38 | 38 | | the section is implemented, regardless of the date the person |
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| 39 | 39 | | applied for that assistance. |
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| 40 | 40 | | SECTION 3. As soon as possible after the effective date of |
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| 41 | 41 | | this Act, the executive commissioner of the Health and Human |
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| 42 | 42 | | Services Commission shall take all necessary actions to expand |
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| 43 | 43 | | eligibility for medical assistance under Chapter 32, Human |
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| 44 | 44 | | Resources Code, in accordance with Section 32.02473, Human |
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| 45 | 45 | | Resources Code, as added by this Act, including notifying |
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| 46 | 46 | | appropriate federal agencies of that expanded eligibility. |
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| 47 | 47 | | SECTION 4. If before implementing any provision of this Act |
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| 48 | 48 | | a state agency determines that a waiver or authorization from a |
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| 49 | 49 | | federal agency is necessary for implementation of that provision, |
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| 50 | 50 | | the agency affected by the provision shall request the waiver or |
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| 51 | 51 | | authorization and may delay implementing that provision until the |
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| 52 | 52 | | waiver or authorization is granted. |
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| 53 | 53 | | SECTION 5. This Act takes effect on the 91st day after the |
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| 54 | 54 | | last day of the legislative session. |
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