Texas 2023 - 88th Regular

Texas Senate Bill SB1496 Compare Versions

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1	1	88R7613 JG-D
2	2	By: Johnson S.B. No. 1496
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing certain health benefit exchanges to make
8	8	eligibility determinations under Medicaid and the child health plan
9	9	program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 62.1011, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 62.1011. VERIFICATION OF INCOME. (a) Except as
14	14	provided by Subsection (b), the [The] commission shall continue
15	15	employing methods of verifying the individual incomes of the
16	16	individuals considered in the calculation of an applicant's
17	17	household income. The commission shall verify income under this
18	18	section unless the applicant reports a household income that
19	19	exceeds the income eligibility level established under Section
20	20	62.101(b).
21	21	(b) The commission may not verify the income of a child
22	22	determined eligible for coverage under the child health plan by a
23	23	health benefit exchange in accordance with 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. DETERMINATION OF ELIGIBILITY BY HEALTH
27	27	BENEFIT EXCHANGE; ENROLLMENT. (a) In this section, "health
28	28	benefit exchange" means an American Health Benefit Exchange
29	29	administered by the federal government or an exchange created under
30	30	Section 1311(b) of the Patient Protection and Affordable Care Act
31	31	(42 U.S.C. Section 18031(b)).
32	32	(b) Notwithstanding any other law and in accordance with an
33	33	agreement entered into under 42 C.F.R. Section 457.348, the
34	34	commission shall accept eligibility determinations for coverage
35	35	under the child health plan made by a health benefit exchange.
36	36	(c) The commission shall automatically enroll in the child
37	37	health plan program a child who is determined eligible for coverage
38	38	by a health benefit exchange. This subsection does not require the
39	39	commission to enroll a child in the child health plan program whose
40	40	eligibility for the program was not fully verified by the exchange.
41	41	The commission shall take any further action necessary to verify
42	42	and resolve an incomplete eligibility determination referred to the
43	43	commission by the exchange.
44	44	(d) In entering into an agreement with a health benefit
45	45	exchange under 42 C.F.R. Section 457.348, the commission shall
46	46	ensure that the exchange makes determinations of eligibility for
47	47	the child health plan based on eligibility criteria in accordance
48	48	with applicable state law.
49	49	(e) The commission shall seek any federal money available
50	50	for implementing this section, including enhanced federal
51	51	financial participation made available under federal law.
52	52	SECTION 3. Section 32.026(g), Human Resources Code, is
53	53	amended to read as follows:
54	54	(g) Notwithstanding any other provision of this code, the
55	55	commission may use information obtained from a third party to
56	56	verify the assets and resources of a person for purposes of
57	57	determining the person's eligibility and need for medical
58	58	assistance to the extent that verification is applicable under
59	59	federal law. Third-party information includes information
60	60	obtained from:
61	61	(1) a consumer reporting agency, as defined by Section
62	62	20.01, Business & Commerce Code;
63	63	(2) an appraisal district; [or]
64	64	(3) the Texas Department of Motor Vehicles vehicle
65	65	registration record database; or
66	66	(4) a health benefit exchange, as defined by Section
67	67	32.026102.
68	68	SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
69	69	is amended by adding Section 32.026102 to read as follows:
70	70	Sec. 32.026102. DETERMINATION OF ELIGIBILITY BY HEALTH
71	71	BENEFIT EXCHANGE; ENROLLMENT. (a) In this section, "health
72	72	benefit exchange" means an American Health Benefit Exchange
73	73	administered by the federal government or an exchange created under
74	74	Section 1311(b) of the Patient Protection and Affordable Care Act
75	75	(42 U.S.C. Section 18031(b)).
76	76	(b) Notwithstanding any other law and in accordance with an
77	77	agreement entered into under 42 C.F.R. Section 431.10, the
78	78	commission shall accept eligibility determinations for medical
79	79	assistance made by a health benefit exchange.
80	80	(c) The commission shall automatically enroll in the
81	81	medical assistance program an individual whose eligibility for
82	82	medical assistance benefits is determined by a health benefit
83	83	exchange. This subsection does not require the commission to
84	84	enroll an individual in the medical assistance program whose
85	85	eligibility for the program was not fully verified by the exchange.
86	86	The commission shall take any further action that is necessary to
87	87	verify and resolve an incomplete eligibility determination
88	88	referred to the commission by the exchange.
89	89	(d) In entering into an agreement with a health benefit
90	90	exchange under 42 C.F.R. Section 431.10, the commission shall
91	91	ensure that the exchange makes determinations of eligibility for
92	92	the medical assistance program based on eligibility criteria in
93	93	accordance with applicable state law.
94	94	(e) The commission shall seek any federal money available
95	95	for implementing this section, including enhanced federal
96	96	financial participation made available under 42 C.F.R. Part 433,
97	97	Subpart C.
98	98	SECTION 5. Section 32.026101, Human Resources Code, is
99	99	repealed.
100	100	SECTION 6. If before implementing any provision of this Act
101	101	a state agency determines that a waiver or authorization from a
102	102	federal agency is necessary for implementation of that provision,
103	103	the agency affected by the provision shall request the waiver or
104	104	authorization and may delay implementing that provision until the
105	105	waiver or authorization is granted.
106	106	SECTION 7. This Act takes effect September 1, 2023.