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