83S20024 EES-D
 
  By: Turner of Harris H.B. No. 39
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expansion of eligibility for medical assistance to
  certain persons under the federal Patient Protection and Affordable
  Care Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02472 to read as follows:
         Sec. 32.02472.  EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE
  UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) 
  Notwithstanding any other law, the department shall provide medical
  assistance to all persons who apply for that assistance and 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 that assistance.
         (b)  The executive commissioner of the Health and Human
  Services Commission shall adopt rules regarding the provision of
  medical assistance as required by this section.
         SECTION 2.  The change in law made by this Act applies only
  to an initial determination or recertification of eligibility of a
  person for medical assistance under Chapter 32, Human Resources
  Code, made on or after January 1, 2014, regardless of the date the
  person applied for that assistance.
         SECTION 3.  As soon as possible after the effective date of
  this Act, the executive commissioner of the Health and Human
  Services Commission shall take all necessary actions to expand
  eligibility for medical assistance under Chapter 32, Human
  Resources Code, in accordance with Section 32.02472, Human
  Resources Code, as added by this Act, including notifying
  appropriate federal agencies of that expanded eligibility.  If
  before implementing any provision of this Act a state agency
  determines that any other waiver or authorization from a federal
  agency is necessary for implementation of that provision, the
  agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  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 on the 91st day after the last day of the
  legislative session.