Texas 2025 - 89th Regular

Texas House Bill HB792 Compare Versions

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11 By: Bernal H.B. No. 792
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the expansion of eligibility for Medicaid in certain
99 counties under the federal Patient Protection and Affordable Care
1010 Act.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle I, Title 4, Government Code, is amended
1313 by adding Chapter 540 to read as follows:
1414 CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES
1515 Sec. 540.0001. DEFINITION. Notwithstanding Section
1616 531.001, in this chapter, "Medicaid" means the medical assistance
1717 program established under Title XIX, Social Security Act (42 U.S.C.
1818 Section 1396 et seq.).
1919 Sec. 540.0002. FEDERAL AUTHORIZATION FOR MEDICAID
2020 EXPANSION IN CERTAIN COUNTIES. (a) On a county's request and
2121 notwithstanding any other law, the executive commissioner shall, on
2222 the county's behalf, seek a waiver under Section 1115 of the Social
2323 Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to
2424 expand the categories of individuals eligible for Medicaid benefits
2525 by allowing the county to provide Medicaid benefits to any resident
2626 of the county:
2727 (1) who is not otherwise eligible to receive Medicaid
2828 benefits under the program established under Chapter 32, Human
2929 Resources Code, and operated by this state, including through a
3030 waiver, other than a waiver sought under this section, to the
3131 program;
3232 (2) who applies to receive Medicaid benefits; and
3333 (3) for whom federal matching funds are available
3434 under the Patient Protection and Affordable Care Act (Pub. L.
3535 No. 111-148) as amended by the Health Care and Education
3636 Reconciliation Act of 2010 (Pub. L. No. 111-152) to provide
3737 Medicaid benefits.
3838 (b) The terms of a waiver under this section must:
3939 (1) specify how, and with the assistance of what
4040 entities, the county will implement and operate a delivery system
4141 for the provision of Medicaid benefits to individuals described by
4242 Subsection (a);
4343 (2) specify the commission's role in facilitating the
4444 provision of those Medicaid benefits;
4545 (3) identify the sources of money to be used to pay
4646 this state's share of the cost of Medicaid benefits the county
4747 provides;
4848 (4) establish qualifications for an individual to be
4949 considered a resident of the county for purposes of receiving
5050 Medicaid benefits from the county; and
5151 (5) if appropriate, prescribe changes to the
5252 commission's eligibility determination process for Medicaid
5353 benefits to accommodate the expanded categories of individuals
5454 eligible to receive Medicaid benefits from the county.
5555 (c) The executive commissioner shall adopt rules necessary
5656 to implement this section.
5757 SECTION 2. Not later than December 1, 2025, the executive
5858 commissioner of the Health and Human Services Commission shall
5959 adopt rules necessary to implement Section 540.0002, Government
6060 Code, as added by this Act, including rules that specify procedures
6161 by which a county may request that the executive commissioner seek a
6262 waiver under that section.
6363 SECTION 3. This Act takes effect immediately if it receives
6464 a vote of two-thirds of all the members elected to each house, as
6565 provided by Section 39, Article III, Texas Constitution. If this
6666 Act does not receive the vote necessary for immediate effect, this
6767 Act takes effect September 1, 2025.