82R10694 KLA-D
 
  By: Shelton H.B. No. 3136
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to greater flexibility over the administration and
  operation of the Medicaid program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) The Health and Human Services Commission
  shall identify changes to the administration and operation of the
  Medicaid program that would increase efficiency and reduce program
  costs borne by this state if implemented, but that the commission
  cannot implement because of restrictions under federal law. The
  commission shall actively pursue a waiver or other authorization
  from the federal Centers for Medicare and Medicaid Services to
  implement those changes to the extent permitted by the laws of this
  state.
         (b)  In addition to any changes with respect to which the
  Health and Human Services Commission pursues a waiver or other
  authorization under Subsection (a) of this section, the commission
  shall actively seek from appropriate federal governmental
  entities:
               (1)  flexibility with respect to the Medicaid
  maintenance of effort requirements specified in 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 allow the commission to modify eligibility criteria
  as necessary to maintain control of rising Medicaid costs;
               (2)  flexibility with respect to the benefits provided
  to recipients under the Medicaid program; and
               (3)  authorization to impose nominal copayments for
  Medicaid services to encourage Medicaid recipients to take
  responsibility for health care decision-making, allow recipients
  to have greater ownership over their health care, and modify
  recipients' behaviors that result in inappropriate use of services.
         SECTION 2.  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, 2011.