Texas 2023 - 88th Regular

Texas House Bill HB204 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R359 BDP-D
2	2	By: Bernal H.B. No. 204
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expansion of eligibility for Medicaid in certain
8	8	counties under the federal Patient Protection and Affordable Care
9	9	Act.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle I, Title 4, Government Code, is amended
12	12	by adding Chapter 540 to read as follows:
13	13	CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES
14	14	Sec. 540.0001. DEFINITION. Notwithstanding Section
15	15	531.001, in this chapter, "Medicaid" means the medical assistance
16	16	program established under Title XIX, Social Security Act (42 U.S.C.
17	17	Section 1396 et seq.).
18	18	Sec. 540.0002. FEDERAL AUTHORIZATION FOR MEDICAID
19	19	EXPANSION IN CERTAIN COUNTIES. (a) On a county's request and
20	20	notwithstanding any other law, the executive commissioner shall, on
21	21	the county's behalf, seek a waiver under Section 1115 of the Social
22	22	Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to
23	23	expand the categories of individuals eligible for Medicaid benefits
24	24	by allowing the county to provide Medicaid benefits to any resident
25	25	of the county:
26	26	(1) who is not otherwise eligible to receive Medicaid
27	27	benefits under the program established under Chapter 32, Human
28	28	Resources Code, and operated by this state, including through a
29	29	waiver, other than a waiver sought under this section, to the
30	30	program;
31	31	(2) who applies to receive Medicaid benefits; and
32	32	(3) for whom federal matching funds are available
33	33	under the Patient Protection and Affordable Care Act (Pub. L. No.
34	34	111-148) as amended by the Health Care and Education Reconciliation
35	35	Act of 2010 (Pub. L. No. 111-152) to provide 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 individuals described by
40	40	Subsection (a);
41	41	(2) specify the commission's role in facilitating the
42	42	provision of those Medicaid benefits;
43	43	(3) identify the sources of money to be used to pay
44	44	this state's share of the cost of Medicaid benefits the county
45	45	provides;
46	46	(4) establish qualifications for an individual 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 individuals
52	52	eligible 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, 2023, 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 September 1, 2023.