89R4788 AND-F
By: Noble H.B. No. 2865
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on conducting an ex parte renewal of a
recipient's Medicaid eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 532, Government Code, as
effective April 1, 2025, is amended by adding Section 532.0456 to
read as follows:
Sec. 532.0456. EX PARTE RENEWALS PROHIBITED. (a) In this
section, "ex parte renewal" means a redetermination of a
recipient's Medicaid eligibility that is conducted automatically
without requiring information from the recipient using information
from verifiable electronic data sources or that is otherwise
available to the commission.
(b) Except as expressly required by federal law, the
commission or a state agency that administers any part of Medicaid
may not conduct an ex parte renewal of a recipient's Medicaid
eligibility.
SECTION 2. Not later than the 180th day after the effective
date of this Act, the Health and Human Services Commission shall
seek any waiver or authorization from a federal agency necessary to
implement Section 532.0456, Government Code, as added by this Act.
The commission may delay implementing that section until the waiver
or authorization is granted.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.