|
  |
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the expansion of eligibility for Medicaid to certain |
|
individuals 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 individuals 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 individuals 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 an individual for medical |
|
assistance under Chapter 32, Human Resources Code, made on or after |
|
January 1, 2024, regardless of the date the individual 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, 2024, but only |
|
if 2nd Called Session, 2023, requiring the state to expand |
|
eligibility for Medicaid to all individuals 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. |