88(4) HB 30 - Introduced version - Bill Text

	By:  Bucy	H.B.  No.  30

Statutes affected:
Introduced: Health and Safety Code 62.1011, Human Resources Code 32.026 (Human Resources Code 32, Health and Safety Code 62)

	A BILL TO BE ENTITLED
	AN ACT
	relating to implementation of an express lane option for
	determining eligibility and enrolling certain individuals in
	Medicaid or the child health plan program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 62.1011, Health and Safety Code, is
	amended to read as follows:
	Sec.  62.1011.    VERIFICATION OF INCOME. (a) Except as
	provided by Subsection (b) and subject to Subsection (c), the [The]
	commission shall continue employing methods of verifying the
	individual incomes of the individuals considered in the calculation
	of an applicant's household income.
	(b)    The commission shall verify income under this section
	unless the applicant reports a household income that exceeds the
	income eligibility level established under Section 62.101(b).
	(c)    The commission may verify income using the verification
	process described in Section 62.1012.
	SECTION  2.    Subchapter C, Chapter 62, Health and Safety
	Code, is amended by adding Section 62.1012 to read as follows:
	Sec.  62.1012.    EXPRESS LANE OPTION ELIGIBILITY; ENROLLMENT.
	(a) In this section:
	(1)    "Express lane agency" means a governmental entity
	that:
	(A)    determines eligibility for assistance under
	a public assistance program of this state; and
	(B)    is designated by the executive commissioner
	as capable of making determinations of one or more eligibility
	requirements under the child health plan program.
	(2)    "Public assistance program" includes:
	(A)    the Medicaid program under Chapter 32, Human
	Resources Code;
	(B)    the financial assistance program under
	Chapter 31, Human Resources Code;
	(C)    the nutritional assistance programs under
	Chapter 33, Human Resources Code, including the supplemental
	nutrition assistance program under that chapter; and
	(D)    other programs identified by the commission.
	(b)    Notwithstanding any other law and in accordance with
	Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
	(42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
	commission shall implement an express lane option under which the
	commission may rely on findings made by an express lane agency,
	including a division of an express lane agency, in determining a
	child's eligibility for coverage under the child health plan,
	including a child's eligibility for reenrollment in the plan. The
	commission shall use express lane eligibility by evaluating data
	received from an applicant under other public assistance programs
	to determine the applicant's eligibility for coverage under the
	child health plan.
	(c)    In accordance with Section 1902(e)(13)(D) of the Social
	Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
	shall enroll in the child health plan program a child who is
	determined to be eligible for the program under this section,
	except that the child may only be enrolled in the program if the
	child's parent, legal guardian, or custodial relative
	affirmatively consents to the enrollment. The consent:
	(1)    must be provided in accordance with identity
	verification standards the commission establishes; and
	(2)    may be provided:
	(A)    orally;
	(B)    by telephone;
	(C)    in writing, including:
	(i)    by electronic signature; or
	(ii)    in an application for coverage or