Texas 2025 - 89th Regular

Texas Senate Bill SB238 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Johnson S.B. No. 238
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to implementing an express lane option under Medicaid and
9	9	the child health plan program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 62.1011, Health and Safety Code, is
12	12	amended to read as follows:
13	13	Sec. 62.1011. VERIFICATION OF INCOME. (a) Except as
14	14	provided by Subsection (b) and subject to Subsection (c), the [The]
15	15	commission shall continue employing methods of verifying the
16	16	individual incomes of the individuals considered in the calculation
17	17	of an applicant's household income.
18	18	(b) The commission shall verify income under this section
19	19	unless the applicant reports a household income that exceeds the
20	20	income eligibility level established under Section 62.101(b).
21	21	(c) The commission may verify income using the verification
22	22	process described in Section 62.1012.
23	23	SECTION 2. Subchapter C, Chapter 62, Health and Safety
24	24	Code, is amended by adding Section 62.1012 to read as follows:
25	25	Sec. 62.1012. EXPRESS LANE OPTION ELIGIBILITY; ENROLLMENT.
26	26	(a) In this section, "supplemental nutrition assistance program"
27	27	has the meaning assigned by Section 33.0005, Human Resources Code.
28	28	(b) Notwithstanding any other law and in accordance with
29	29	Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
30	30	(42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
31	31	commission shall implement an express lane option under which the
32	32	commission evaluates data received from an applicant under the
33	33	supplemental nutrition assistance program in determining a child's
34	34	eligibility for coverage under the child health plan program.
35	35	(c) In determining a child's eligibility for coverage under
36	36	the child health plan program using the express lane option
37	37	implemented under this section, the commission shall open a new
38	38	case to ensure there is no delay in providing benefits to the child
39	39	under the supplemental nutrition assistance program.
40	40	(d) On determining that a child is eligible for coverage
41	41	under the child health plan program under this section, the
42	42	commission shall enroll the child in the program in accordance with
43	43	Section 1902(e)(13)(D) of the Social Security Act (42 U.S.C.
44	44	Section 1396a(e)(13)(D)) if the commission:
45	45	(1) provides notice of the determination to the
46	46	child's parent, legal guardian, or custodial relative in the manner
47	47	indicated under Subsection (e); and
48	48	(2) obtains the affirmative consent of the child's
49	49	parent, legal guardian, or custodial relative in accordance with
50	50	Subsection (f) to enroll the child.
51	51	(e) The commission shall provide the notice required by
52	52	Subsection (d) in the manner a child's parent, legal guardian, or
53	53	custodial relative indicates as the preferred method of contact
54	54	when applying for supplemental nutrition assistance program
55	55	benefits. If a preferred method of contact is not indicated, the
56	56	commission may provide the notice:
57	57	(1) orally;
58	58	(2) by telephone;
59	59	(3) in writing, including by electronic signature; or
60	60	(4) by any other manner the commission determines
61	61	appropriate.
62	62	(f) In obtaining the affirmative consent of a child's
63	63	parent, legal guardian, or custodial relative required by
64	64	Subsection (d), the commission:
65	65	(1) shall ensure the consent is provided:
66	66	(A) within a reasonable amount of time, as
67	67	determined by the commission; and
68	68	(B) in accordance with identity verification
69	69	standards the commission establishes; and
70	70	(2) may obtain the consent:
71	71	(A) orally;
72	72	(B) by telephone;
73	73	(C) in writing, including by:
74	74	(i) electronic signature; or
75	75	(ii) fax; or
76	76	(D) during an initial eligibility or
77	77	recertification interview for the supplemental nutrition
78	78	assistance program.
79	79	SECTION 3. Section 32.026(e), Human Resources Code, is
80	80	amended to read as follows:
81	81	(e) The executive commissioner shall permit a
82	82	recertification review of the eligibility and need for medical
83	83	assistance of a child under 19 years of age to be conducted by
84	84	telephone or mail instead of through a personal appearance at an
85	85	office, unless the commission determines that the information
86	86	needed to verify eligibility cannot be obtained in that manner or
87	87	may be obtained in the manner specified by Section 32.026102. The
88	88	executive commissioner by rule may develop procedures to determine
89	89	whether there is a need for a recertification review of a child
90	90	described by this subsection to be conducted through a personal
91	91	interview with a commission representative. Procedures developed
92	92	under this subsection shall be based on objective, risk-based
93	93	factors and conditions and shall focus on a targeted group of
94	94	recertification reviews for which there is a high probability that
95	95	eligibility will not be recertified.
96	96	SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
97	97	is amended by adding Section 32.026102 to read as follows:
98	98	Sec. 32.026102. EXPRESS LANE OPTION ELIGIBILITY;
99	99	ENROLLMENT. (a) In this section, "supplemental nutrition
100	100	assistance program" has the meaning assigned by Section 33.0005.
101	101	(b) Notwithstanding any other law and in accordance with
102	102	Section 1902(e)(13) of the Social Security Act (42 U.S.C. Section
103	103	1396a(e)(13)), the commission shall implement an express lane
104	104	option under which the commission evaluates data received from an
105	105	applicant under the supplemental nutrition assistance program in
106	106	determining a child's eligibility for medical assistance benefits.
107	107	(c) In determining a child's eligibility for medical
108	108	assistance benefits using the express lane option implemented under
109	109	this section, the commission shall open a new case to ensure there
110	110	is no delay in providing benefits to the child under the
111	111	supplemental nutrition assistance program.
112	112	(d) On determining that a child is eligible for medical
113	113	assistance benefits under this section, the commission shall enroll
114	114	the child in the medical assistance program in accordance with
115	115	Section 1902(e)(13)(D) of the Social Security Act (42 U.S.C.
116	116	Section 1396a(e)(13)(D)) if the commission:
117	117	(1) provides notice of the determination to the
118	118	child's parent, legal guardian, or custodial relative in the manner
119	119	indicated under Subsection (e); and
120	120	(2) obtains the affirmative consent of the child's
121	121	parent, legal guardian, or custodial relative in accordance with
122	122	Subsection (f) to enroll the child.
123	123	(e) The commission shall provide the notice required by
124	124	Subsection (d) in the manner a child's parent, legal guardian, or
125	125	custodial relative indicates as the preferred method of contact
126	126	when applying for supplemental nutrition assistance program
127	127	benefits. If a preferred method of contact is not indicated, the
128	128	commission may provide the notice:
129	129	(1) orally;
130	130	(2) by telephone;
131	131	(3) in writing, including:
132	132	(A) by electronic signature; or
133	133	(B) in an application for benefits under the
134	134	supplemental nutrition assistance program; or
135	135	(4) by any other manner the commission determines
136	136	appropriate.
137	137	(f) In obtaining the affirmative consent of a child's
138	138	parent, legal guardian, or custodial relative required by
139	139	Subsection (d), the commission:
140	140	(1) shall ensure the consent is provided:
141	141	(A) within a reasonable amount of time, as
142	142	determined by the commission; and
143	143	(B) in accordance with identity verification
144	144	standards the commission establishes; and
145	145	(2) may obtain the consent:
146	146	(A) orally;
147	147	(B) by telephone;
148	148	(C) in writing, including by:
149	149	(i) electronic signature; or
150	150	(ii) fax; or
151	151	(D) during an initial eligibility or
152	152	recertification interview for the supplemental nutrition
153	153	assistance program.
154	154	SECTION 5. If before implementing any provision of this Act
155	155	a state agency determines that a waiver or authorization from a
156	156	federal agency is necessary for implementation of that provision,
157	157	the agency affected by the provision shall request the waiver or
158	158	authorization and may delay implementing that provision until the
159	159	waiver or authorization is granted.
160	160	SECTION 6. This Act takes effect September 1, 2025.