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A BILL TO BE ENTITLED
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AN ACT
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relating to expanding eligibility for medical assistance to certain |
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persons under the federal Patient Protection and Affordable Care |
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Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Human Resources Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE |
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Sec. 32.351. DEFINITIONS. In this subchapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Medical assistance expansion group" means the |
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category of persons who would not be eligible for medical |
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assistance under the eligibility criteria in effect on December 31, |
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2013, but who are eligible for that assistance because of the |
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requirement of Section 32.352(a). |
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(4) "Undocumented immigrant" means a person who: |
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(A) is not a citizen or other national of the |
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United States; and |
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(B) is not lawfully authorized to be present in |
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the United States under the Immigration and Nationality Act (8 |
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U.S.C. Section 1101 et seq.) or other federal law. |
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Sec. 32.352. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE |
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UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) |
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Notwithstanding any other law and except as provided in Subsection |
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(b) and Section 32.353, the commission shall provide medical |
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assistance to all persons who apply for that assistance and for whom |
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federal matching funds are available under the Patient Protection |
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and Affordable Care Act (Pub. L. No. 111-148) as amended by the |
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Health Care and Education Reconciliation Act of 2010 (Pub. L. No. |
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111-152) to provide that assistance. |
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(b) Nothing in this section authorizes the commission to |
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provide medical assistance to undocumented immigrants. |
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(c) The executive commissioner shall adopt rules regarding |
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the provision of medical assistance as required by this section. |
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Sec. 32.353. RESTRICTED ELIGIBILITY FOR MEDICAL ASSISTANCE |
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UPON CHANGES IN FEDERAL MATCHING FUNDS. (a) Notwithstanding any |
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other law, if the federal medical assistance percentage (FMAP) by |
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which this state's expenditures under the medical assistance |
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program are matched with federal funds that applies with respect to |
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persons in the medical assistance expansion group is less than 90 |
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percent: |
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(1) the commission shall notify the Legislative Budget |
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Board; and |
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(2) beginning on the first day of the month following |
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the month in which the federal medical assistance percentage |
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becomes less than 90 percent, the commission shall: |
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(A) cease providing medical assistance to |
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persons in the medical assistance expansion group; and |
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(B) reinstate the eligibility criteria for |
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medical assistance that existed on December 31, 2013. |
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(b) The executive commissioner shall adopt any rules |
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necessary to implement any changes in the provision of and |
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eligibility criteria for medical assistance required by this |
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section. |
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Sec. 32.354. REPORT ON EXPANDED ELIGIBILITY FOR MEDICAL |
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ASSISTANCE. Not later than December 1 of each year during which the |
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commission provides medical assistance to persons in the medical |
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assistance expansion group, the commission shall submit a report to |
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the Legislative Budget Board, the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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standing committees of the senate and the house of representatives |
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having primary jurisdiction over the medical assistance program |
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regarding the effects of expanding eligibility for medical |
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assistance under Section 32.352, including the effects on the |
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quality and cost of health care provided to recipients of medical |
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assistance and other low-income persons. |
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SECTION 2. Section 32.352, Human Resources Code, as added |
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by this Act, applies only to an initial determination or |
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recertification of eligibility of a person for medical assistance |
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under Chapter 32, Human Resources Code, made on or after January 1, |
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2014, regardless of the date the person applied for that |
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assistance. |
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SECTION 3. As soon as possible after the effective date of |
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this Act, the executive commissioner of the Health and Human |
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Services Commission shall take all necessary actions to expand |
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eligibility for medical assistance under Chapter 32, Human |
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Resources Code, beginning January 1, 2014, and in accordance with |
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Section 32.352, Human Resources Code, as added by this Act, |
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including notifying appropriate federal agencies of that expanded |
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eligibility. |
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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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |