Texas 2023 - 88th Regular

Texas House Bill HB2802 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2802
2	2
3	3
4	4	AN ACT
5	5	relating to the Medicaid application form and communication with
6	6	Medicaid recipients.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 533.008, Government Code, is amended by
9	9	amending Subsection (c) and adding Subsection (d) to read as
10	10	follows:
11	11	(c) The executive commissioner shall adopt and publish
12	12	guidelines for Medicaid managed care organizations regarding how
13	13	organizations may communicate by telephone, text message, or e-mail
14	14	with recipients enrolled in the organization's managed care plan
15	15	using the contact information provided in a recipient's application
16	16	for Medicaid benefits under Section 32.025(g)(2), Human Resources
17	17	Code, including updated information provided to the organization in
18	18	accordance with Section 32.025(h), Human Resources Code.
19	19	(d) In adopting the guidelines under Subsection (c) for a
20	20	recipient enrolled in a Medicaid managed care organization's
21	21	managed care plan who provides to the organization the recipient's
22	22	contact information through any method other than the recipient's
23	23	Medicaid application, the commission:
24	24	(1) must allow the organization to communicate with
25	25	the recipient through any electronic means, including telephone,
26	26	text message, and e-mail, regarding eligibility, enrollment, and
27	27	other health care matters; and
28	28	(2) may not require the organization to submit the
29	29	recipient's contact preference information to the commission.
30	30	SECTION 2. Section 32.025(g), Human Resources Code, is
31	31	amended to read as follows:
32	32	(g) The application form, including a renewal form, adopted
33	33	under this section must include:
34	34	(1) for an applicant who is pregnant, a question
35	35	regarding whether the pregnancy is the woman's first gestational
36	36	pregnancy;
37	37	(2) for all applicants, a question regarding the
38	38	applicant's preferences for being contacted by a managed care
39	39	organization or health plan provider [that provides the applicant
40	40	with the option to be contacted] by telephone, text message, or
41	41	e-mail about eligibility, enrollment, and other health care
42	42	matters, including reminders for appointments and information
43	43	about immunizations or well check visits; and
44	44	(3) language that:
45	45	(A) notifies the applicant that, if determined
46	46	eligible for benefits, all preferred contact methods listed on the
47	47	application and renewal forms will be shared with the applicant's
48	48	managed care organization or health plan provider;
49	49	(B) notifies [allows] the applicant that the
50	50	applicant may opt out of [to consent to] being contacted by
51	51	telephone, text message, or e-mail [through the preferred contact
52	52	methods] by notifying the applicant's managed care organization or
53	53	health plan provider; and
54	54	(C) explains the security risks of electronic
55	55	communication.
56	56	SECTION 3. Not later than January 1, 2024, the executive
57	57	commissioner of the Health and Human Services Commission shall
58	58	adopt revised communication guidelines for Medicaid managed care
59	59	organizations that conform to the requirements of Section 533.008,
60	60	Government Code, as amended by this Act, and a revised application
61	61	form for medical assistance benefits that conforms to the
62	62	requirements of Section 32.025(g), Human Resources Code, as amended
63	63	by this Act.
64	64	SECTION 4. If before implementing any provision of this Act
65	65	a state agency determines that a waiver or authorization from a
66	66	federal agency is necessary for implementation of that provision,
67	67	the agency affected by the provision shall request the waiver or
68	68	authorization and may delay implementing that provision until the
69	69	waiver or authorization is granted.
70	70	SECTION 5. This Act takes effect September 1, 2023.
71	71	______________________________ ______________________________
72	72	President of the Senate Speaker of the House
73	73	I certify that H.B. No. 2802 was passed by the House on April
74	74	19, 2023, by the following vote: Yeas 120, Nays 27, 1 present, not
75	75	voting.
76	76	______________________________
77	77	Chief Clerk of the House
78	78	I certify that H.B. No. 2802 was passed by the Senate on May
79	79	17, 2023, by the following vote: Yeas 28, Nays 3.
80	80	______________________________
81	81	Secretary of the Senate
82	82	APPROVED: _____________________
83	83	Date
84	84	_____________________
85	85	Governor