88R359 BDP-D
 
  By: Bernal H.B. No. 204
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expansion of eligibility for Medicaid in certain
  counties under the federal Patient Protection and Affordable Care
  Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 4, Government Code, is amended
  by adding Chapter 540 to read as follows:
  CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES
         Sec. 540.0001.  DEFINITION. Notwithstanding Section
  531.001, in this chapter, "Medicaid" means the medical assistance
  program established under Title XIX, Social Security Act (42 U.S.C.
  Section 1396 et seq.).
         Sec. 540.0002.  FEDERAL AUTHORIZATION FOR MEDICAID
  EXPANSION IN CERTAIN COUNTIES. (a) On a county's request and
  notwithstanding any other law, the executive commissioner shall, on
  the county's behalf, seek a waiver under Section 1115 of the Social
  Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to
  expand the categories of individuals eligible for Medicaid benefits
  by allowing the county to provide Medicaid benefits to any resident
  of the county:
               (1)  who is not otherwise eligible to receive Medicaid
  benefits under the program established under Chapter 32, Human
  Resources Code, and operated by this state, including through a
  waiver, other than a waiver sought under this section, to the
  program;
               (2)  who applies to receive Medicaid benefits; and
               (3)  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 Medicaid benefits.
         (b)  The terms of a waiver under this section must:
               (1)  specify how, and with the assistance of what
  entities, the county will implement and operate a delivery system
  for the provision of Medicaid benefits to individuals described by
  Subsection (a);
               (2)  specify the commission's role in facilitating the
  provision of those Medicaid benefits;
               (3)  identify the sources of money to be used to pay
  this state's share of the cost of Medicaid benefits the county
  provides;
               (4)  establish qualifications for an individual to be
  considered a resident of the county for purposes of receiving
  Medicaid benefits from the county; and
               (5)  if appropriate, prescribe changes to the
  commission's eligibility determination process for Medicaid
  benefits to accommodate the expanded categories of individuals
  eligible to receive Medicaid benefits from the county.
         (c)  The executive commissioner shall adopt rules necessary
  to implement this section.
         SECTION 2.  Not later than December 1, 2023, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules necessary to implement Section 540.0002, Government
  Code, as added by this Act, including rules that specify procedures
  by which a county may request that the executive commissioner seek a
  waiver under that section.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.