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A BILL TO BE ENTITLED
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AN ACT
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relating to the expansion of eligibility for medical assistance to |
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certain persons under the federal Patient Protection and Affordable |
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Care Act and the application and eligibility determination |
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processes for medical assistance and other programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02472 to read as follows: |
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Sec. 32.02472. EXPANDED ELIGIBILITY AND APPLICATION AND |
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ELIGIBILITY DETERMINATION PROCESSES FOR MEDICAL ASSISTANCE UNDER |
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PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) Notwithstanding any |
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other law, the department shall provide medical assistance to all |
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persons who apply for that assistance and for whom federal matching |
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funds are available under the Patient Protection and Affordable |
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Care Act (Pub. L. No. 111-148) as amended by the Health Care and |
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Education Reconciliation Act of 2010 (Pub. L. No. 111-152) to |
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provide that assistance. |
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(b) In providing medical assistance under Subsection (a), |
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the department shall, notwithstanding any other law: |
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(1) as provided by 42 U.S.C. Section 18083: |
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(A) adopt a single, streamlined application form |
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that an individual may use to apply online, in person, by mail, or |
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by telephone for enrollment in, to receive a determination of |
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eligibility for participation in, and to continue participation in |
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the medical assistance program, the child health plan program under |
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Chapter 62, Health and Safety Code, or a qualified health plan |
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offered through a health insurance exchange created to facilitate |
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the purchase of individual and small group health coverage; and |
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(B) to the maximum extent practicable, establish |
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and use electronic sources of data when determining an individual's |
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eligibility for medical assistance; |
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(2) establish modified adjusted gross income of an |
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individual as the basis for determining income eligibility, and |
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define that income in the same manner the income is defined for |
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purposes of 42 U.S.C. Section 1396a(e)(14)(A); |
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(3) eliminate assets and resources tests as provided |
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by 42 U.S.C. Section 1396a(e)(14)(C) for the purpose of determining |
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eligibility for medical assistance; |
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(4) eliminate in-person interview requirements for |
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the purpose of determining or redetermining eligibility for medical |
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assistance as provided by 42 C.F.R. Sections 435.907(d) and |
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435.916(a)(3)(iv); and |
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(5) redetermine eligibility for medical assistance |
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once every 12 months, and no more frequently than once every 12 |
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months for recipients whose financial eligibility is determined |
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using modified adjusted gross income as provided by 42 C.F.R. |
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Section 435.916. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules regarding the provision of |
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medical assistance as required by this section. |
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SECTION 2. The changes in law made by this Act apply only to |
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an initial determination or recertification of eligibility of a |
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person for medical assistance under Chapter 32, Human Resources |
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Code, made on or after January 1, 2014, regardless of the date the |
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person applied for that 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, in accordance with Section 32.02472, Human |
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Resources Code, as added by this Act, including notifying |
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appropriate federal agencies of that expanded eligibility. |
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SECTION 4. 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 adopt the rules required under Section |
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32.02472, Human Resources Code, as added by this Act. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that any other waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 6. 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. |