1 | 1 | | By: Bucy H.B. No. 18 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the expansion of eligibility for Medicaid to certain |
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7 | 7 | | individuals under the federal Patient Protection and Affordable |
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8 | 8 | | Care Act. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Chapter 32, Human Resources Code, is amended by |
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11 | 11 | | adding Subchapter H to read as follows: |
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12 | 12 | | SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE |
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13 | 13 | | Sec. 32.351. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE |
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14 | 14 | | UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) |
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15 | 15 | | Notwithstanding any other law, the commission shall provide medical |
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16 | 16 | | assistance to all individuals who apply for that assistance and for |
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17 | 17 | | whom federal matching funds are available under the Patient |
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18 | 18 | | Protection and Affordable Care Act (Pub. L. No. 111-148), as |
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19 | 19 | | amended by the Health Care and Education Reconciliation Act of 2010 |
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20 | 20 | | (Pub. L. No. 111-152), to provide that assistance. |
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21 | 21 | | (b) The executive commissioner shall adopt rules regarding |
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22 | 22 | | the provision of medical assistance as required by this section. |
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23 | 23 | | Sec. 32.352. ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR |
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24 | 24 | | MEDICAL ASSISTANCE. Not later than December 1 of each year, the |
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25 | 25 | | commission shall report to the governor, the lieutenant governor, |
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26 | 26 | | the speaker of the house of representatives, and the standing |
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27 | 27 | | committees of the senate and the house of representatives having |
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28 | 28 | | primary jurisdiction over the medical assistance program on the |
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29 | 29 | | effects of expanding eligibility for medical assistance under |
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30 | 30 | | Section 32.351, including the effects on: |
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31 | 31 | | (1) the number of individuals in this state who do not |
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32 | 32 | | have health benefits coverage; |
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33 | 33 | | (2) state health care costs, including costs relating |
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34 | 34 | | to programs funded with money appropriated out of the general |
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35 | 35 | | revenue fund; |
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36 | 36 | | (3) local health care costs; and |
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37 | 37 | | (4) charity care and uncompensated care costs for |
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38 | 38 | | hospitals. |
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39 | 39 | | SECTION 2. Section 32.351, Human Resources Code, as added |
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40 | 40 | | by this Act, applies only to an initial determination or |
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41 | 41 | | recertification of eligibility of an individual for medical |
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42 | 42 | | assistance under Chapter 32, Human Resources Code, made on or after |
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43 | 43 | | January 1, 2024, regardless of the date the individual applied for |
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44 | 44 | | that assistance. |
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45 | 45 | | SECTION 3. As soon as possible after the effective date of |
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46 | 46 | | this Act, the executive commissioner of the Health and Human |
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47 | 47 | | Services Commission shall take all necessary actions to expand |
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48 | 48 | | eligibility for medical assistance under Chapter 32, Human |
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49 | 49 | | Resources Code, in accordance with Section 32.351, Human Resources |
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50 | 50 | | Code, as added by this Act, including notifying appropriate federal |
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51 | 51 | | agencies of that expanded eligibility. If before implementing any |
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52 | 52 | | provision of this Act a state agency determines that any other |
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53 | 53 | | waiver or authorization from a federal agency is necessary for |
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54 | 54 | | implementation of that provision, the agency affected by the |
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55 | 55 | | provision shall request the waiver or authorization and may delay |
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56 | 56 | | implementing that provision until the waiver or authorization is |
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57 | 57 | | granted. |
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58 | 58 | | SECTION 4. This Act takes effect January 1, 2024, but only |
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59 | 59 | | if 2nd Called Session, 2023, requiring the state to expand |
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60 | 60 | | eligibility for Medicaid to all individuals for whom federal |
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61 | 61 | | matching funds are available under the federal Patient Protection |
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62 | 62 | | and Affordable Care Act is approved by the voters. If that amendment |
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63 | 63 | | is not approved by the voters, this Act has no effect. |
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