Texas 2025 - 89th Regular

Texas Senate Bill SB225 Compare Versions

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11 89R570 SCP-D
22 By: West S.B. No. 225
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to implementation of an express lane option for
1010 determining eligibility and enrolling certain individuals in
1111 Medicaid or the child health plan program.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 62.1011, Health and Safety Code, is
1414 amended to read as follows:
1515 Sec. 62.1011. VERIFICATION OF INCOME. (a) Except as
1616 provided by Subsection (b) and subject to Subsection (c), the [The]
1717 commission shall continue employing methods of verifying the
1818 individual incomes of the individuals considered in the calculation
1919 of an applicant's household income.
2020 (b) The commission shall verify income under this section
2121 unless the applicant reports a household income that exceeds the
2222 income eligibility level established under Section 62.101(b).
2323 (c) The commission may verify income using the verification
2424 process described in Section 62.1012.
2525 SECTION 2. Subchapter C, Chapter 62, Health and Safety
2626 Code, is amended by adding Section 62.1012 to read as follows:
2727 Sec. 62.1012. EXPRESS LANE OPTION ELIGIBILITY; AUTOMATIC
2828 ENROLLMENT. (a) In this section:
2929 (1) "Express lane agency" means a governmental entity
3030 that:
3131 (A) determines eligibility for assistance under
3232 a public assistance program of this state; and
3333 (B) the executive commissioner designates as
3434 capable of making determinations of one or more eligibility
3535 requirements under the child health plan program.
3636 (2) "Public assistance program" includes:
3737 (A) the Medicaid program under Chapter 32, Human
3838 Resources Code;
3939 (B) the financial assistance program under
4040 Chapter 31, Human Resources Code;
4141 (C) the nutritional assistance programs under
4242 Chapter 33, Human Resources Code, including the supplemental
4343 nutrition assistance program under that chapter;
4444 (D) the federal special supplemental nutrition
4545 program for women, infants, and children authorized by 42 U.S.C.
4646 Section 1786;
4747 (E) the federal Head Start program established
4848 under 42 U.S.C. Section 9831 et seq.; and
4949 (F) the free or reduced-price lunch program
5050 established under 42 U.S.C. Section 1751 et seq.
5151 (b) Notwithstanding any other law and in accordance with
5252 Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
5353 (42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
5454 commission shall implement an express lane option under which the
5555 commission may use information obtained by an express lane agency
5656 to determine a child's eligibility for coverage under the child
5757 health plan, including a child's eligibility for reenrollment in
5858 the plan.
5959 (c) In accordance with Section 1902(e)(13)(D) of the Social
6060 Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
6161 shall automatically enroll in the child health plan program a child
6262 who is determined to be eligible for the program under this section.
6363 SECTION 3. Sections 32.026(e) and (g), Human Resources
6464 Code, are amended to read as follows:
6565 (e) The executive commissioner shall permit a
6666 recertification review of the eligibility and need for medical
6767 assistance of a child under 19 years of age to be conducted by
6868 telephone or mail instead of through a personal appearance at an
6969 office, unless the commission determines that the information
7070 needed to verify eligibility cannot be obtained in that manner or
7171 may be obtained in the manner specified by Section 32.026102. The
7272 executive commissioner by rule may develop procedures to determine
7373 whether there is a need for a recertification review of a child
7474 described by this subsection to be conducted through a personal
7575 interview with a commission representative. Procedures developed
7676 under this subsection shall be based on objective, risk-based
7777 factors and conditions and shall focus on a targeted group of
7878 recertification reviews for which there is a high probability that
7979 eligibility will not be recertified.
8080 (g) Notwithstanding any other provision of this code, the
8181 commission may use information obtained from a third party to
8282 verify the assets and resources of a person for purposes of
8383 determining the person's eligibility and need for medical
8484 assistance to the extent that verification is applicable under
8585 federal law. Third-party information includes information
8686 obtained from:
8787 (1) a consumer reporting agency, as defined by Section
8888 20.01, Business & Commerce Code;
8989 (2) an appraisal district; [or]
9090 (3) the Texas Department of Motor Vehicles vehicle
9191 registration record database; or
9292 (4) an express lane agency described by Section
9393 32.026102.
9494 SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
9595 is amended by adding Section 32.026102 to read as follows:
9696 Sec. 32.026102. EXPRESS LANE OPTION; AUTOMATIC ENROLLMENT.
9797 (a) In this section:
9898 (1) "Express lane agency" means a governmental entity
9999 that:
100100 (A) determines eligibility for assistance under
101101 a public assistance program of this state; and
102102 (B) the executive commissioner designates as
103103 capable of making determinations of one or more eligibility
104104 requirements under the medical assistance program.
105105 (2) "Public assistance program" includes:
106106 (A) the child health plan program under Chapters
107107 62 and 63, Health and Safety Code;
108108 (B) the financial assistance program under
109109 Chapter 31;
110110 (C) the nutritional assistance programs under
111111 Chapter 33, including the supplemental nutrition assistance
112112 program under that chapter;
113113 (D) the federal special supplemental nutrition
114114 program for women, infants, and children authorized by 42 U.S.C.
115115 Section 1786;
116116 (E) the federal Head Start program established
117117 under 42 U.S.C. Section 9831 et seq.; and
118118 (F) the free or reduced-price lunch program
119119 established under 42 U.S.C. Section 1751 et seq.
120120 (b) Notwithstanding any other law and in accordance with
121121 Section 1902(e)(13) of the Social Security Act (42 U.S.C. Section
122122 1396a(e)(13)), the commission shall implement an express lane
123123 option under which the commission may use information obtained by
124124 an express lane agency to determine an individual's eligibility for
125125 medical assistance, including the recertification of an
126126 individual's eligibility for medical assistance benefits.
127127 (c) In accordance with Section 1902(e)(13)(D) of the Social
128128 Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
129129 shall automatically enroll in the medical assistance program an
130130 individual who is determined to be eligible for the program under
131131 this section.
132132 SECTION 5. If before implementing any provision of this Act
133133 a state agency determines that a waiver or authorization from a
134134 federal agency is necessary for implementation of that provision,
135135 the agency affected by the provision shall request the waiver or
136136 authorization and may delay implementing that provision until the
137137 waiver or authorization is granted.
138138 SECTION 6. This Act takes effect September 1, 2025.