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AN ACT
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relating to the Medicaid application form and communication with |
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Medicaid recipients. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 533.008, Government Code, is amended by |
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amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) The executive commissioner shall adopt and publish |
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guidelines for Medicaid managed care organizations regarding how |
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organizations may communicate by telephone, text message, or e-mail |
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with recipients enrolled in the organization's managed care plan |
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using the contact information provided in a recipient's application |
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for Medicaid benefits under Section 32.025(g)(2), Human Resources |
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Code, including updated information provided to the organization in |
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accordance with Section 32.025(h), Human Resources Code. |
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(d) In adopting the guidelines under Subsection (c) for a |
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recipient enrolled in a Medicaid managed care organization's |
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managed care plan who provides to the organization the recipient's |
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contact information through any method other than the recipient's |
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Medicaid application, the commission: |
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(1) must allow the organization to communicate with |
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the recipient through any electronic means, including telephone, |
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text message, and e-mail, regarding eligibility, enrollment, and |
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other health care matters; and |
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(2) may not require the organization to submit the |
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recipient's contact preference information to the commission. |
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SECTION 2. Section 32.025(g), Human Resources Code, is |
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amended to read as follows: |
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(g) The application form, including a renewal form, adopted |
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under this section must include: |
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(1) for an applicant who is pregnant, a question |
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regarding whether the pregnancy is the woman's first gestational |
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pregnancy; |
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(2) for all applicants, a question regarding the |
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applicant's preferences for being contacted by a managed care |
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organization or health plan provider [that provides the applicant |
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with the option to be contacted] by telephone, text message, or |
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e-mail about eligibility, enrollment, and other health care |
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matters, including reminders for appointments and information |
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about immunizations or well check visits; and |
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(3) language that: |
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(A) notifies the applicant that, if determined |
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eligible for benefits, all preferred contact methods listed on the |
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application and renewal forms will be shared with the applicant's |
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managed care organization or health plan provider; |
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(B) notifies [allows] the applicant that the |
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applicant may opt out of [to consent to] being contacted by |
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telephone, text message, or e-mail [through the preferred contact |
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methods] by notifying the applicant's managed care organization or |
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health plan provider; and |
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(C) explains the security risks of electronic |
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communication. |
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SECTION 3. Not later than January 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt revised communication guidelines for Medicaid managed care |
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organizations that conform to the requirements of Section 533.008, |
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Government Code, as amended by this Act, and a revised application |
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form for medical assistance benefits that conforms to the |
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requirements of Section 32.025(g), Human Resources Code, as amended |
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by this Act. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2802 was passed by the House on April |
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19, 2023, by the following vote: Yeas 120, Nays 27, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2802 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |