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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 funding of that expansion. |
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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 FOR MEDICAL ASSISTANCE |
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UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) |
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Notwithstanding any other law, the department 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) The state's share of the cost of the medical assistance |
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provided under Subsection (a) to residents of the eight counties in |
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this state with the largest populations as compared to other |
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counties shall be paid by: |
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(1) funds received by the state through |
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intergovernmental transfers from each hospital district that |
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includes all or any part of any of those counties; or |
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(2) funds collected from the payment of a quality |
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assurance fee by each hospital required to obtain a license under |
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Chapter 241, Health and Safety Code, that is located in any of those |
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counties. |
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(c) The department shall determine whether to use the |
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funding mechanism specified by Subsection (b)(1) or (b)(2). If the |
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mechanism specified by Subsection (b)(2) is selected, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules regarding the imposition, administration, and |
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collection of the quality assurance fee. The rules must ensure that |
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the state does not collect net revenue from the fee in excess of the |
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amount of the state's share of the cost of providing medical |
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assistance in the counties described in Subsection (b). |
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(d) The state shall pay for the state's share of the cost of |
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the medical assistance provided under Subsection (a) to persons who |
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are residents of counties not described in Subsection (b). |
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(e) Not later than December 1 of each even-numbered year, |
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the department, in conjunction with the Legislative Budget Board, |
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shall report to the governor, the lieutenant governor, the speaker |
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of the house of representatives, and the standing committees of the |
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senate and the house of representatives having primary jurisdiction |
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over the medical assistance program on any savings to the state that |
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result from the expansion of eligibility for medical assistance |
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under Subsection (a). |
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(f) 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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and payment for medical assistance as required by this section. |
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SECTION 2. The change in law made by this Act applies only |
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to 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. If |
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before implementing any provision of this Act a state agency |
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determines that any other waiver or authorization from a federal |
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agency is necessary for implementation of that provision, the |
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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 4. 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. |