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A BILL TO BE ENTITLED
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AN ACT
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relating to the restoration of the medically needy program under |
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the state Medicaid program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. RESTORATION OF MEDICALLY NEEDY PROGRAM. (a) In |
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this section: |
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(1) "FMAP" means the federal medical assistance |
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percentage by which state expenditures under the Medicaid program |
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are matched with federal funds. |
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(2) "Medicaid program" means the medical assistance |
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program under Chapter 32, Human Resources Code. |
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(b) Subject to Subsection (c) of this section, during the |
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state fiscal biennium beginning September 1, 2009, the medically |
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needy program under Section 32.024(i), Human Resources Code, as |
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amended by Chapters 198 (H.B. 2292) and 1251 (S.B. 1862), Acts of |
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the 78th Legislature, Regular Session, 2003, that serves certain |
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pregnant women, children, and caretakers must, at a minimum, serve |
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recipients, including adult recipients, in the same manner and at |
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the same level as services were provided to recipients under the |
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medically needy program during the state fiscal biennium ending |
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August 31, 2003. |
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(c) The Health and Human Services Commission is required to |
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expand the number of recipients served and the services provided in |
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accordance with Subsection (b) of this section only if: |
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(1) for any portion of the period beginning September |
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1, 2009, and ending December 31, 2010: |
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(A) this state's FMAP is increased as authorized |
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by Section 5001(c), American Recovery and Reinvestment Act of 2009 |
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(Pub. L. No. 111-5); and |
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(B) the applicable percent used in computing that |
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increase is the percent specified in Section 5001(c)(3)(A)(ii) or |
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(iii), American Recovery and Reinvestment Act of 2009 (Pub. L. No. |
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111-5); and |
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(2) the receipt by this state of federal funds |
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resulting from the increased FMAP described by Subdivision (1) of |
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this subsection results in general revenue funds otherwise |
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appropriated to the Health and Human Services Commission becoming |
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available for the purposes of this section. |
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(d) The Health and Human Services Commission: |
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(1) may use appropriated funds that become available |
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as described by Subsection (c)(2) of this section for purposes of |
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this section; and |
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(2) is not required to obtain prior approval from the |
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governor, the Legislative Budget Board, or any other person or |
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entity to use those funds for purposes of this section. |
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SECTION 2. FEDERAL AUTHORIZATION. If before implementing |
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any provision of this Act a state agency determines that a waiver or |
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authorization from a federal agency is necessary for implementation |
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of that provision, the agency affected by the provision shall |
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request the waiver or authorization and may delay implementing that |
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provision until the waiver or authorization is granted. |
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SECTION 3. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2009. |