| 1 | 1 | | 89R4788 AND-F |
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| 2 | 2 | | By: Noble H.B. No. 2865 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a prohibition on conducting an ex parte renewal of a |
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| 10 | 10 | | recipient's Medicaid eligibility. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter J, Chapter 532, Government Code, as |
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| 13 | 13 | | effective April 1, 2025, is amended by adding Section 532.0456 to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | Sec. 532.0456. EX PARTE RENEWALS PROHIBITED. (a) In this |
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| 16 | 16 | | section, "ex parte renewal" means a redetermination of a |
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| 17 | 17 | | recipient's Medicaid eligibility that is conducted automatically |
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| 18 | 18 | | without requiring information from the recipient using information |
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| 19 | 19 | | from verifiable electronic data sources or that is otherwise |
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| 20 | 20 | | available to the commission. |
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| 21 | 21 | | (b) Except as expressly required by federal law, the |
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| 22 | 22 | | commission or a state agency that administers any part of Medicaid |
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| 23 | 23 | | may not conduct an ex parte renewal of a recipient's Medicaid |
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| 24 | 24 | | eligibility. |
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| 25 | 25 | | SECTION 2. Not later than the 180th day after the effective |
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| 26 | 26 | | date of this Act, the Health and Human Services Commission shall |
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| 27 | 27 | | seek any waiver or authorization from a federal agency necessary to |
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| 28 | 28 | | implement Section 532.0456, Government Code, as added by this Act. |
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| 29 | 29 | | The commission may delay implementing that section until the waiver |
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| 30 | 30 | | or authorization is granted. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2025. |
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