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Texas Senate Bill SB1127

Texas 2023 - 88th Regular

Texas Senate Bill SB1127 Compare Versions

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11 88R8485 BDP-F
22 By: Blanco S.B. No. 1127
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the Medicaid application form and communication with
88 Medicaid recipients.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 533.008, Government Code, is amended by
1111 amending Subsection (c) and adding Subsection (d) to read as
1212 follows:
1313 (c) The executive commissioner shall adopt and publish
1414 guidelines for Medicaid managed care organizations regarding how
1515 organizations may communicate by telephone, text message, or e-mail
1616 with recipients enrolled in the organization's managed care plan
1717 using the contact information provided in a recipient's application
1818 for Medicaid benefits under Section 32.025(g)(2), Human Resources
1919 Code, including updated information provided to the organization in
2020 accordance with Section 32.025(h), Human Resources Code.
2121 (d) In adopting the guidelines under Subsection (c) for a
2222 recipient enrolled in a Medicaid managed care organization's
2323 managed care plan who provides to the organization the recipient's
2424 contact information through any method other than the recipient's
2525 Medicaid application, the commission:
2626 (1) must allow the organization to communicate with
2727 the recipient through any electronic means, including telephone,
2828 text message, and e-mail, regarding eligibility, enrollment, and
2929 other health care matters; and
3030 (2) may not require the organization to submit the
3131 recipient's contact preference information to the commission.
3232 SECTION 2. Section 32.025(g), Human Resources Code, is
3333 amended to read as follows:
3434 (g) The application form, including a renewal form, adopted
3535 under this section must include:
3636 (1) for an applicant who is pregnant, a question
3737 regarding whether the pregnancy is the woman's first gestational
3838 pregnancy;
3939 (2) for all applicants, a question regarding the
4040 applicant's preferences for being contacted by a managed care
4141 organization or health plan provider [that provides the applicant
4242 with the option to be contacted] by telephone, text message, or
4343 e-mail about eligibility, enrollment, and other health care
4444 matters, including reminders for appointments and information
4545 about immunizations or well check visits; and
4646 (3) language that:
4747 (A) notifies the applicant that, if determined
4848 eligible for benefits, all preferred contact methods listed on the
4949 application and renewal forms will be shared with the applicant's
5050 managed care organization or health plan provider;
5151 (B) notifies [allows] the applicant that the
5252 applicant may opt out of [to consent to] being contacted by
5353 telephone, text message, or e-mail [through the preferred contact
5454 methods] by notifying the applicant's managed care organization or
5555 health plan provider; and
5656 (C) explains the security risks of electronic
5757 communication.
5858 SECTION 3. Not later than January 1, 2024, the executive
5959 commissioner of the Health and Human Services Commission shall
6060 adopt revised communication guidelines for Medicaid managed care
6161 organizations that conform to the requirements of Section 533.008,
6262 Government Code, as amended by this Act, and a revised application
6363 form for medical assistance benefits that conforms to the
6464 requirements of Section 32.025(g), Human Resources Code, as amended
6565 by this Act.
6666 SECTION 4. If before implementing any provision of this Act
6767 a state agency determines that a waiver or authorization from a
6868 federal agency is necessary for implementation of that provision,
6969 the agency affected by the provision shall request the waiver or
7070 authorization and may delay implementing that provision until the
7171 waiver or authorization is granted.
7272 SECTION 5. This Act takes effect September 1, 2023.