87(R) SB 38 - Introduced version - Bill Text

	87R1468 MM-F
	By:  Zaffirini	S.B.  No.  38

	A BILL TO BE ENTITLED
	AN ACT
	relating to the expansion of eligibility for Medicaid to certain
	persons under the federal Patient Protection and Affordable Care
	Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Chapter 32, Human Resources Code, is amended by
	adding Subchapter H to read as follows:
	SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE
	Sec.  32.351.    EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE
	UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT.  (a)
	Notwithstanding any other law, the commission shall provide medical
	assistance to all persons who apply for that assistance and for whom
	federal matching funds are available under the Patient Protection
	and Affordable Care Act (Pub. L. No. 111-148), as amended by the
	Health Care and Education Reconciliation Act of 2010 (Pub. L. No.
	111-152), to provide that assistance.
	(b)    The executive commissioner shall adopt rules regarding
	the provision of medical assistance as required by this section.
	Sec.  32.352.    ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR
	MEDICAL ASSISTANCE. Not later than December 1 of each year, the
	commission shall report to the governor, the lieutenant governor,
	the speaker of the house of representatives, and the standing
	committees of the senate and the house of representatives having
	primary jurisdiction over the medical assistance program on the
	effects of expanding eligibility for medical assistance under
	Section 32.351, including the effects on:
	(1)    the number of persons in this state who do not have
	health benefits coverage;
	(2)    state health care costs, including costs relating
	to programs funded with money appropriated out of the general
	revenue fund;
	(3)    local health care costs; and
	(4)    charity care and uncompensated care costs for
	hospitals.
	SECTION  2.    Section 32.351, Human Resources Code, as added
	by this Act, applies only to an initial determination or
	recertification of eligibility of a person for medical assistance
	under Chapter 32, Human Resources Code, made on or after January 1,
	2022, regardless of the date the person applied for that
	assistance.
	SECTION  3.    As soon as possible after the effective date of
	this Act, the executive commissioner of the Health and Human
	Services Commission shall take all necessary actions to expand
	eligibility for medical assistance under Chapter 32, Human
	Resources Code, in accordance with Section 32.351, Human Resources
	Code, as added by this Act, including notifying appropriate federal
	agencies of that expanded eligibility.  If before implementing any
	provision of this Act a state agency determines that any other
	waiver or authorization from a federal agency is necessary for
	implementation of that provision, the agency affected by the
	provision shall request the waiver or authorization and may delay
	implementing that provision until the waiver or authorization is
	granted.
	SECTION  4.    This Act takes effect January 1, 2022, but only
	if the constitutional amendment proposed by the 87th Legislature,
	Regular Session, 2021, requiring the state to expand eligibility
	for Medicaid to all persons for whom federal matching funds are
	available under the federal Patient Protection and Affordable Care
	Act is approved by the voters. If that amendment is not approved by
	the voters, this Act has no effect.