Texas 2023 - 88th Regular

Texas House Bill HB1599 Compare Versions

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Version 2 (New)

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1	1	88R18765 SCP-D
2	2	By: Bucy, Harless, Oliverson, Jetton, Bonnen, H.B. No. 1599
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to implementation of an express lane option for
9	9	determining eligibility and enrolling certain individuals in
10	10	Medicaid or the child health plan program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 62.1011, Health and Safety Code, is
13	13	amended to read as follows:
14	14	Sec. 62.1011. VERIFICATION OF INCOME. (a) Except as
15	15	provided by Subsection (b) and subject to Subsection (c), the [The]
16	16	commission shall continue employing methods of verifying the
17	17	individual incomes of the individuals considered in the calculation
18	18	of an applicant's household income.
19	19	(b) The commission shall verify income under this section
20	20	unless the applicant reports a household income that exceeds the
21	21	income eligibility level established under Section 62.101(b).
22	22	(c) The commission may verify income using the verification
23	23	process described in Section 62.1012.
24	24	SECTION 2. Subchapter C, Chapter 62, Health and Safety
25	25	Code, is amended by adding Section 62.1012 to read as follows:
26	26	Sec. 62.1012. EXPRESS LANE OPTION ELIGIBILITY; ENROLLMENT.
27	27	(a) In this section:
28	28	(1) "Express lane agency" means a governmental entity
29	29	that:
30	30	(A) determines eligibility for assistance under
31	31	a public assistance program of this state; and
32	32	(B) is designated by the executive commissioner
33	33	as capable of making determinations of one or more eligibility
34	34	requirements under the child health plan program.
35	35	(2) "Public assistance program" includes:
36	36	(A) the Medicaid program under Chapter 32, Human
37	37	Resources Code;
38	38	(B) the financial assistance program under
39	39	Chapter 31, Human Resources Code;
40	40	(C) the nutritional assistance programs under
41	41	Chapter 33, Human Resources Code, including the supplemental
42	42	nutrition assistance program under that chapter; and
43	43	(D) other programs identified by the commission.
44	44	(b) Notwithstanding any other law and in accordance with
45	45	Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
46	46	(42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
47	47	commission shall implement an express lane option under which the
48	48	commission may rely on findings made by an express lane agency,
49	49	including a division of an express lane agency, in determining a
50	50	child's eligibility for coverage under the child health plan,
51	51	including a child's eligibility for reenrollment in the plan. The
52	52	commission shall use express lane eligibility by evaluating data
53	53	received from an applicant under other public assistance programs
54	54	to determine the applicant's eligibility for coverage under the
55	55	child health plan.
56	56	(c) In accordance with Section 1902(e)(13)(D) of the Social
57	57	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
58	58	shall enroll in the child health plan program a child who is
59	59	determined to be eligible for the program under this section,
60	60	except that the child may only be enrolled in the program if the
61	61	child's parent, legal guardian, or custodial relative
62	62	affirmatively consents to the enrollment. The consent:
63	63	(1) must be provided in accordance with identity
64	64	verification standards the commission establishes; and
65	65	(2) may be provided:
66	66	(A) orally;
67	67	(B) by telephone;
68	68	(C) in writing, including:
69	69	(i) by electronic signature; or
70	70	(ii) in an application for coverage or
71	71	benefits under a public assistance program; or
72	72	(D) by any other manner the commission determines
73	73	appropriate.
74	74	(d) The commission and each express lane agency shall
75	75	include in each application for coverage or benefits under a public
76	76	assistance program, including any online application, and on the
77	77	commission's or agency's Internet website a conspicuous notice
78	78	clearly explaining that:
79	79	(1) the information disclosed in the application may
80	80	be used to determine a child's eligibility for coverage under the
81	81	child health plan program using the express lane option implemented
82	82	under this section;
83	83	(2) the child's parent, legal guardian, or custodial
84	84	relative may elect not to have the information disclosed for that
85	85	purpose; and
86	86	(3) the child's parent, legal guardian, or custodial
87	87	relative must provide affirmative consent before the child may be
88	88	enrolled in the child health plan program using the express lane
89	89	option implemented under this section.
90	90	(e) In accordance with 42 C.F.R. Section 457.340(e), the
91	91	commission shall provide to the parent, legal guardian, or
92	92	custodial relative of a child determined eligible for coverage
93	93	under the child health plan program using the express lane option
94	94	implemented under this section notice of that determination. The
95	95	notice may be provided by mail, e-mail, or any other manner the
96	96	commission determines appropriate.
97	97	SECTION 3. Sections 32.026(e) and (g), Human Resources
98	98	Code, are amended to read as follows:
99	99	(e) The executive commissioner shall permit a
100	100	recertification review of the eligibility and need for medical
101	101	assistance of a child under 19 years of age to be conducted by
102	102	telephone or mail instead of through a personal appearance at an
103	103	office, unless the commission determines that the information
104	104	needed to verify eligibility cannot be obtained in that manner or
105	105	may be obtained in the manner specified by Section 32.026102. The
106	106	executive commissioner by rule may develop procedures to determine
107	107	whether there is a need for a recertification review of a child
108	108	described by this subsection to be conducted through a personal
109	109	interview with a commission representative. Procedures developed
110	110	under this subsection shall be based on objective, risk-based
111	111	factors and conditions and shall focus on a targeted group of
112	112	recertification reviews for which there is a high probability that
113	113	eligibility will not be recertified.
114	114	(g) Notwithstanding any other provision of this code, the
115	115	commission may use information obtained from a third party to
116	116	verify the assets and resources of a person for purposes of
117	117	determining the person's eligibility and need for medical
118	118	assistance to the extent that verification is applicable under
119	119	federal law. Third-party information includes information
120	120	obtained from:
121	121	(1) a consumer reporting agency, as defined by Section
122	122	20.01, Business & Commerce Code;
123	123	(2) an appraisal district; [or]
124	124	(3) the Texas Department of Motor Vehicles vehicle
125	125	registration record database; or
126	126	(4) an express lane agency as defined by Section
127	127	32.026102.
128	128	SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
129	129	is amended by adding Section 32.026102 to read as follows:
130	130	Sec. 32.026102. EXPRESS LANE OPTION ELIGIBILITY;
131	131	ENROLLMENT. (a) In this section:
132	132	(1) "Express lane agency" means a governmental entity
133	133	that:
134	134	(A) determines eligibility for assistance under
135	135	a public assistance program of this state; and
136	136	(B) is designated by the executive commissioner
137	137	as capable of making determinations of one or more eligibility
138	138	requirements under the medical assistance program.
139	139	(2) "Public assistance program" includes:
140	140	(A) the child health plan program under Chapters
141	141	62 and 63, Health and Safety Code;
142	142	(B) the financial assistance program under
143	143	Chapter 31;
144	144	(C) the nutritional assistance programs under
145	145	Chapter 33, including the supplemental nutrition assistance
146	146	program under that chapter; and
147	147	(D) other programs identified by the commission.
148	148	(b) Notwithstanding any other law and in accordance with
149	149	Section 1902(e)(13) of the Social Security Act (42 U.S.C. Section
150	150	1396a(e)(13)), the commission shall implement an express lane
151	151	option under which the commission may rely on findings made by an
152	152	express lane agency, including a division of an express lane
153	153	agency, in determining a child's eligibility for medical
154	154	assistance, including the recertification of a child's eligibility
155	155	for medical assistance benefits. The commission shall use express
156	156	lane eligibility by evaluating data received from an applicant
157	157	under other public assistance programs to determine the applicant's
158	158	eligibility for benefits under the medical assistance program.
159	159	(c) In accordance with Section 1902(e)(13)(D) of the Social
160	160	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
161	161	shall enroll in the medical assistance program a child who is
162	162	determined to be eligible for the program under this section,
163	163	except that the child may only be enrolled in the program if the
164	164	child's parent, legal guardian, or custodial relative
165	165	affirmatively consents to the enrollment. The consent:
166	166	(1) must be provided in accordance with identity
167	167	verification standards the commission establishes; and
168	168	(2) may be provided:
169	169	(A) orally;
170	170	(B) by telephone;
171	171	(C) in writing, including:
172	172	(i) by electronic signature; or
173	173	(ii) in an application for coverage or
174	174	benefits under a public assistance program; or
175	175	(D) by any other manner the commission determines
176	176	appropriate.
177	177	(d) The commission and each express lane agency shall
178	178	include in each application for coverage or benefits under a public
179	179	assistance program, including any online application, and on the
180	180	commission's or agency's Internet website a conspicuous notice
181	181	clearly explaining that:
182	182	(1) the information disclosed in the application may
183	183	be used to determine a child's eligibility for medical assistance
184	184	benefits using the express lane option implemented under this
185	185	section;
186	186	(2) the child's parent, legal guardian, or custodial
187	187	relative may elect not to have the information disclosed for that
188	188	purpose; and
189	189	(3) the child's parent, legal guardian, or custodial
190	190	relative must provide affirmative consent before the child may be
191	191	enrolled in the medical assistance program using the express lane
192	192	option implemented under this section.
193	193	(e) In accordance with 42 C.F.R. Section 435.917, the
194	194	commission shall provide to the parent, legal guardian, or
195	195	custodial relative of a child determined eligible for benefits
196	196	under the medical assistance program using the express lane option
197	197	implemented under this section notice of that determination. The
198	198	notice may be provided by mail, e-mail, or any other manner the
199	199	commission determines appropriate.
200	200	SECTION 5. If before implementing any provision of this Act
201	201	a state agency determines that a waiver or authorization from a
202	202	federal agency is necessary for implementation of that provision,
203	203	the agency affected by the provision shall request the waiver or
204	204	authorization and may delay implementing that provision until the
205	205	waiver or authorization is granted.
206	206	SECTION 6. This Act takes effect September 1, 2023.