Texas 2023 - 88th 1st C.S.

Texas House Bill HB23 Compare Versions

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1	1	By: Bucy H.B. No. 23
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to implementation of an express lane option for
7	7	determining eligibility and enrolling certain individuals in
8	8	Medicaid or the child health plan program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 62.1011, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 62.1011. VERIFICATION OF INCOME. (a) Except as
13	13	provided by Subsection (b) and subject to Subsection (c), the [The]
14	14	commission shall continue employing methods of verifying the
15	15	individual incomes of the individuals considered in the calculation
16	16	of an applicant's household income.
17	17	(b) The commission shall verify income under this section
18	18	unless the applicant reports a household income that exceeds the
19	19	income eligibility level established under Section 62.101(b).
20	20	(c) The commission may verify income using the verification
21	21	process described in Section 62.1012.
22	22	SECTION 2. Subchapter C, Chapter 62, Health and Safety
23	23	Code, is amended by adding Section 62.1012 to read as follows:
24	24	Sec. 62.1012. EXPRESS LANE OPTION ELIGIBILITY; ENROLLMENT.
25	25	(a) In this section:
26	26	(1) "Express lane agency" means a governmental entity
27	27	that:
28	28	(A) determines eligibility for assistance under
29	29	a public assistance program of this state; and
30	30	(B) is designated by the executive commissioner
31	31	as capable of making determinations of one or more eligibility
32	32	requirements under the child health plan program.
33	33	(2) "Public assistance program" includes:
34	34	(A) the Medicaid program under Chapter 32, Human
35	35	Resources Code;
36	36	(B) the financial assistance program under
37	37	Chapter 31, Human Resources Code;
38	38	(C) the nutritional assistance programs under
39	39	Chapter 33, Human Resources Code, including the supplemental
40	40	nutrition assistance program under that chapter; and
41	41	(D) other programs identified by the commission.
42	42	(b) Notwithstanding any other law and in accordance with
43	43	Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
44	44	(42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
45	45	commission shall implement an express lane option under which the
46	46	commission may rely on findings made by an express lane agency,
47	47	including a division of an express lane agency, in determining a
48	48	child's eligibility for coverage under the child health plan,
49	49	including a child's eligibility for reenrollment in the plan. The
50	50	commission shall use express lane eligibility by evaluating data
51	51	received from an applicant under other public assistance programs
52	52	to determine the applicant's eligibility for coverage under the
53	53	child health plan.
54	54	(c) In accordance with Section 1902(e)(13)(D) of the Social
55	55	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
56	56	shall enroll in the child health plan program a child who is
57	57	determined to be eligible for the program under this section,
58	58	except that the child may only be enrolled in the program if the
59	59	child's parent, legal guardian, or custodial relative
60	60	affirmatively consents to the enrollment. The consent:
61	61	(1) must be provided in accordance with identity
62	62	verification standards the commission establishes; and
63	63	(2) may be provided:
64	64	(A) orally;
65	65	(B) by telephone;
66	66	(C) in writing, including:
67	67	(i) by electronic signature; or
68	68	(ii) in an application for coverage or
69	69	benefits under a public assistance program; or
70	70	(D) by any other manner the commission determines
71	71	appropriate.
72	72	(d) The commission and each express lane agency shall
73	73	include in each application for coverage or benefits under a public
74	74	assistance program, including any online application, and on the
75	75	commission's or agency's Internet website a conspicuous notice
76	76	clearly explaining that:
77	77	(1) the information disclosed in the application may
78	78	be used to determine a child's eligibility for coverage under the
79	79	child health plan program using the express lane option implemented
80	80	under this section;
81	81	(2) the child's parent, legal guardian, or custodial
82	82	relative may elect not to have the information disclosed for that
83	83	purpose; and
84	84	(3) the child's parent, legal guardian, or custodial
85	85	relative must provide affirmative consent before the child may be
86	86	enrolled in the child health plan program using the express lane
87	87	option implemented under this section.
88	88	(e) In accordance with 42 C.F.R. Section 457.340(e), the
89	89	commission shall provide to the parent, legal guardian, or
90	90	custodial relative of a child determined eligible for coverage
91	91	under the child health plan program using the express lane option
92	92	implemented under this section notice of that determination. The
93	93	notice may be provided by mail, e-mail, or any other manner the
94	94	commission determines appropriate.
95	95	SECTION 3. Sections 32.026(e) and (g), Human Resources
96	96	Code, are amended to read as follows:
97	97	(e) The executive commissioner shall permit a
98	98	recertification review of the eligibility and need for medical
99	99	assistance of a child under 19 years of age to be conducted by
100	100	telephone or mail instead of through a personal appearance at an
101	101	office, unless the commission determines that the information
102	102	needed to verify eligibility cannot be obtained in that manner or
103	103	may be obtained in the manner specified by Section 32.026102. The
104	104	executive commissioner by rule may develop procedures to determine
105	105	whether there is a need for a recertification review of a child
106	106	described by this subsection to be conducted through a personal
107	107	interview with a commission representative. Procedures developed
108	108	under this subsection shall be based on objective, risk-based
109	109	factors and conditions and shall focus on a targeted group of
110	110	recertification reviews for which there is a high probability that
111	111	eligibility will not be recertified.
112	112	(g) Notwithstanding any other provision of this code, the
113	113	commission may use information obtained from a third party to
114	114	verify the assets and resources of a person for purposes of
115	115	determining the person's eligibility and need for medical
116	116	assistance to the extent that verification is applicable under
117	117	federal law. Third-party information includes information obtained
118	118	from:
119	119	(1) a consumer reporting agency, as defined by Section
120	120	20.01, Business & Commerce Code;
121	121	(2) an appraisal district; [or]
122	122	(3) the Texas Department of Motor Vehicles vehicle
123	123	registration record database; or
124	124	(4) an express lane agency as defined by Section
125	125	32.026102.
126	126	SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
127	127	is amended by adding Section 32.026102 to read as follows:
128	128	Sec. 32.026102. EXPRESS LANE OPTION ELIGIBILITY;
129	129	ENROLLMENT. (a) In this section:
130	130	(1) "Express lane agency" means a governmental entity
131	131	that:
132	132	(A) determines eligibility for assistance under
133	133	a public assistance program of this state; and
134	134	(B) is designated by the executive commissioner
135	135	as capable of making determinations of one or more eligibility
136	136	requirements under the medical assistance program.
137	137	(2) "Public assistance program" includes:
138	138	(A) the child health plan program under Chapters
139	139	62 and 63, Health and Safety Code;
140	140	(B) the financial assistance program under
141	141	Chapter 31;
142	142	(C) the nutritional assistance programs under
143	143	Chapter 33, including the supplemental nutrition assistance
144	144	program under that chapter; and
145	145	(D) other programs identified by the commission.
146	146	(b) Notwithstanding any other law and in accordance with
147	147	Section 1902(e)(13) of the Social Security Act (42 U.S.C. Section
148	148	1396a(e)(13)), the commission shall implement an express lane
149	149	option under which the commission may rely on findings made by an
150	150	express lane agency, including a division of an express lane
151	151	agency, in determining a child's eligibility for medical
152	152	assistance, including the recertification of a child's eligibility
153	153	for medical assistance benefits. The commission shall use express
154	154	lane eligibility by evaluating data received from an applicant
155	155	under other public assistance programs to determine the applicant's
156	156	eligibility for benefits under the medical assistance program.
157	157	(c) In accordance with Section 1902(e)(13)(D) of the Social
158	158	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
159	159	shall enroll in the medical assistance program a child who is
160	160	determined to be eligible for the program under this section,
161	161	except that the child may only be enrolled in the program if the
162	162	child's parent, legal guardian, or custodial relative
163	163	affirmatively consents to the enrollment. The consent:
164	164	(1) must be provided in accordance with identity
165	165	verification standards the commission establishes; and
166	166	(2) may be provided:
167	167	(A) orally;
168	168	(B) by telephone;
169	169	(C) in writing, including:
170	170	(i) by electronic signature; or
171	171	(ii) in an application for coverage or
172	172	benefits under a public assistance program; or
173	173	(D) by any other manner the commission determines
174	174	appropriate.
175	175	(d) The commission and each express lane agency shall
176	176	include in each application for coverage or benefits under a public
177	177	assistance program, including any online application, and on the
178	178	commission's or agency's Internet website a conspicuous notice
179	179	clearly explaining that:
180	180	(1) the information disclosed in the application may
181	181	be used to determine a child's eligibility for medical assistance
182	182	benefits using the express lane option implemented under this
183	183	section;
184	184	(2) the child's parent, legal guardian, or custodial
185	185	relative may elect not to have the information disclosed for that
186	186	purpose; and
187	187	(3) the child's parent, legal guardian, or custodial
188	188	relative must provide affirmative consent before the child may be
189	189	enrolled in the medical assistance program using the express lane
190	190	option implemented under this section.
191	191	(e) In accordance with 42 C.F.R. Section 435.917, the
192	192	commission shall provide to the parent, legal guardian, or
193	193	custodial relative of a child determined eligible for benefits
194	194	under the medical assistance program using the express lane option
195	195	implemented under this section notice of that determination. The
196	196	notice may be provided by mail, e-mail, or any other manner the
197	197	commission determines appropriate.
198	198	SECTION 5. If before implementing any provision of this Act
199	199	a state agency determines that a waiver or authorization from a
200	200	federal agency is necessary for implementation of that provision,
201	201	the agency affected by the provision shall request the waiver or
202	202	authorization and may delay implementing that provision until the
203	203	waiver or authorization is granted.
204	204	SECTION 6. This Act takes effect immediately if it receives
205	205	a vote of two-thirds of all the members elected to each house, as
206	206	provided by Section 39, Article III, Texas Constitution. If this
207	207	Act does not receive the vote necessary for immediate effect, this
208	208	Act takes effect on the 91st day after the last day of the
209	209	legislative session.