Texas 2023 - 88th Regular

Texas Senate Bill SB550 Compare Versions

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1	1	88R3310 SCP-D
2	2	By: Johnson S.B. No. 550
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to implementation of an express lane option for
8	8	determining eligibility and enrolling certain individuals in
9	9	Medicaid or the child health plan 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) and subject to Subsection (c), the [The]
15	15	commission shall continue employing methods of verifying the
16	16	individual incomes of the individuals considered in the calculation
17	17	of an applicant's household income.
18	18	(b) The commission shall verify income under this section
19	19	unless the applicant reports a household income that exceeds the
20	20	income eligibility level established under Section 62.101(b).
21	21	(c) The commission may verify income using the verification
22	22	process described in Section 62.1012.
23	23	SECTION 2. Subchapter C, Chapter 62, Health and Safety
24	24	Code, is amended by adding Section 62.1012 to read as follows:
25	25	Sec. 62.1012. EXPRESS LANE OPTION ELIGIBILITY; AUTOMATIC
26	26	ENROLLMENT. (a) In this section:
27	27	(1) "Express lane agency" means a governmental entity
28	28	that:
29	29	(A) determines eligibility for assistance under
30	30	a public assistance program of this state; and
31	31	(B) is designated by the executive commissioner
32	32	as capable of making determinations of one or more eligibility
33	33	requirements under the child health plan program.
34	34	(2) "Public assistance program" includes:
35	35	(A) the Medicaid program under Chapter 32, Human
36	36	Resources Code;
37	37	(B) the financial assistance program under
38	38	Chapter 31, Human Resources Code;
39	39	(C) the nutritional assistance programs under
40	40	Chapter 33, Human Resources Code, including the supplemental
41	41	nutrition assistance program under that chapter;
42	42	(D) the federal special supplemental nutrition
43	43	program for women, infants, and children authorized by 42 U.S.C.
44	44	Section 1786;
45	45	(E) the federal Head Start program established
46	46	under 42 U.S.C. Section 9831 et seq.; and
47	47	(F) the free or reduced-price lunch program
48	48	established under 42 U.S.C. Section 1751 et seq.
49	49	(b) Notwithstanding any other law and in accordance with
50	50	Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
51	51	(42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
52	52	commission shall implement an express lane option under which the
53	53	commission may use information obtained by an express lane agency
54	54	to determine a child's eligibility for coverage under the child
55	55	health plan, including a child's eligibility for reenrollment in
56	56	the plan.
57	57	(c) In accordance with Section 1902(e)(13)(D) of the Social
58	58	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
59	59	shall automatically enroll in the child health plan program a child
60	60	who is determined to be eligible for the program under this section.
61	61	SECTION 3. Sections 32.026(e) and (g), Human Resources
62	62	Code, are amended to read as follows:
63	63	(e) The executive commissioner shall permit a
64	64	recertification review of the eligibility and need for medical
65	65	assistance of a child under 19 years of age to be conducted by
66	66	telephone or mail instead of through a personal appearance at an
67	67	office, unless the commission determines that the information
68	68	needed to verify eligibility cannot be obtained in that manner or
69	69	may be obtained in the manner specified by Section 32.026102. The
70	70	executive commissioner by rule may develop procedures to determine
71	71	whether there is a need for a recertification review of a child
72	72	described by this subsection to be conducted through a personal
73	73	interview with a commission representative. Procedures developed
74	74	under this subsection shall be based on objective, risk-based
75	75	factors and conditions and shall focus on a targeted group of
76	76	recertification reviews for which there is a high probability that
77	77	eligibility will not be recertified.
78	78	(g) Notwithstanding any other provision of this code, the
79	79	commission may use information obtained from a third party to
80	80	verify the assets and resources of a person for purposes of
81	81	determining the person's eligibility and need for medical
82	82	assistance to the extent that verification is applicable under
83	83	federal law. Third-party information includes information
84	84	obtained from:
85	85	(1) a consumer reporting agency, as defined by Section
86	86	20.01, Business & Commerce Code;
87	87	(2) an appraisal district; [or]
88	88	(3) the Texas Department of Motor Vehicles vehicle
89	89	registration record database; or
90	90	(4) an express lane agency described by Section
91	91	32.026102.
92	92	SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
93	93	is amended by adding Section 32.026102 to read as follows:
94	94	Sec. 32.026102. EXPRESS LANE OPTION; AUTOMATIC ENROLLMENT.
95	95	(a) In this section:
96	96	(1) "Express lane agency" means a governmental entity
97	97	that:
98	98	(A) determines eligibility for assistance under
99	99	a public assistance program of this state; and
100	100	(B) is designated by the executive commissioner
101	101	as capable of making determinations of one or more eligibility
102	102	requirements under the medical assistance program.
103	103	(2) "Public assistance program" includes:
104	104	(A) the child health plan program under Chapters
105	105	62 and 63, Health and Safety Code;
106	106	(B) the financial assistance program under
107	107	Chapter 31;
108	108	(C) the nutritional assistance programs under
109	109	Chapter 33, including the supplemental nutrition assistance
110	110	program under that chapter;
111	111	(D) the federal special supplemental nutrition
112	112	program for women, infants, and children authorized by 42 U.S.C.
113	113	Section 1786;
114	114	(E) the federal Head Start program established
115	115	under 42 U.S.C. Section 9831 et seq.; and
116	116	(F) the free or reduced-price lunch program
117	117	established under 42 U.S.C. Section 1751 et seq.
118	118	(b) Notwithstanding any other law and in accordance with
119	119	Section 1902(e)(13) of the Social Security Act (42 U.S.C. Section
120	120	1396a(e)(13)), the commission shall implement an express lane
121	121	option under which the commission may use information obtained by
122	122	an express lane agency to determine a person's eligibility for
123	123	medical assistance, including the recertification of a person's
124	124	eligibility for medical assistance benefits.
125	125	(c) In accordance with Section 1902(e)(13)(D) of the Social
126	126	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
127	127	shall automatically enroll in the medical assistance program a
128	128	person who is determined to be eligible for the program under this
129	129	section.
130	130	SECTION 5. If before implementing any provision of this Act
131	131	a state agency determines that a waiver or authorization from a
132	132	federal agency is necessary for implementation of that provision,
133	133	the agency affected by the provision shall request the waiver or
134	134	authorization and may delay implementing that provision until the
135	135	waiver or authorization is granted.
136	136	SECTION 6. This Act takes effect September 1, 2023.