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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 Medicaid by counties |
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under the federal Patient Protection and Affordable Care Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 4, Government Code, is amended |
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by adding Chapter 540 to read as follows: |
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CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID BY COUNTIES |
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Sec. 540.001. DEFINITION. In this chapter, "Medicaid" |
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means the medical assistance program established under Title XIX, |
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Social Security Act (42 U.S.C. Section 1396 et seq.). |
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Sec. 540.002. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION |
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BY COUNTIES. (a) The executive commissioner shall seek a waiver |
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under Section 1115 of the Social Security Act (42 U.S.C. Section |
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1315) to the state Medicaid plan to expand the categories of persons |
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eligible for Medicaid benefits by allowing a county to provide or |
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coordinate the provision of Medicaid benefits to any resident of |
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the county: |
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(1) who is not otherwise eligible to receive Medicaid |
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benefits under the program established under Chapter 32, Human |
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Resources Code, and operated by the state, including through a |
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waiver, other than one granted under this section, to the program; |
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(2) who applies to receive Medicaid benefits; and |
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(3) for whom federal matching funds are available |
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under the Patient Protection and Affordable Care Act (Pub. L. No. |
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111-148) as amended by the Health Care and Education Reconciliation |
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Act of 2010 (Pub. L. No. 111-152) to provide Medicaid benefits. |
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(b) The terms of a waiver under this section must: |
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(1) specify the requirements for a county to provide |
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or coordinate the provision of Medicaid benefits to persons |
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described by Subsection (a); |
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(2) specify the role of the commission in facilitating |
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the provision of those Medicaid benefits; and |
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(3) require that the state's share of the cost of |
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Medicaid benefits that are provided, or the provision of which is |
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coordinated, by a county and any administrative costs relating to |
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the provision of those benefits be paid by local funds received by |
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the state from the county through intergovernmental transfers. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules that: |
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(1) establish requirements for any delivery system |
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implemented and operated by a county for the provision of Medicaid |
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benefits; |
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(2) establish qualifications for a person to be |
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considered a resident of a county for purposes of receiving |
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Medicaid benefits through the county; |
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(3) prescribe changes to the commission's eligibility |
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determination process for Medicaid benefits to accommodate the |
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expanded categories of persons eligible to receive Medicaid |
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benefits through a county; and |
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(4) establish procedures for the commission to receive |
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local funds from a county through intergovernmental transfers for |
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payment of the state's share of the cost of Medicaid benefits that |
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are provided, or the provision of which is coordinated, by the |
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county and any administrative costs relating to the provision of |
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those benefits. |
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SECTION 2. (a) The Health and Human Services Commission |
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shall actively develop a proposal for the waiver or other |
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authorization from the appropriate federal agency as required by |
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Chapter 540, Government Code, as added by this Act. |
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(b) As soon as possible after the effective date of this |
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Act, the Health and Human Services Commission shall request and |
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actively pursue approval from the appropriate federal agency of the |
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waiver or other authorization developed under Chapter 540, |
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Government Code, as added by this Act. |
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(c) If the waiver or other authorization developed under |
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Chapter 540, Government Code, as added by this Act, is granted by |
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the appropriate federal agency, as soon as possible after the date |
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the waiver or other authorization is granted, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Section 540.002(c), Government Code, as |
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added by this Act. |
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SECTION 3. 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, 2015. |