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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 in certain |
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counties 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. 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 IN CERTAIN COUNTIES |
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Sec. 540.001. DEFINITION. Notwithstanding Section |
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531.001, in this chapter, "Medicaid" means the medical assistance |
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program established under Title XIX, Social Security Act (42 U.S.C. |
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Section 1396 et seq.). |
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Sec. 540.002. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION |
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IN CERTAIN COUNTIES. (a) On the request of a county and |
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notwithstanding any other law, the executive commissioner shall, on |
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behalf of the county, seek a waiver under Section 1115 of the Social |
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Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to |
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expand the categories of persons eligible for Medicaid benefits by |
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allowing the county to provide 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 a waiver sought under this section, to the |
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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 how, and with the assistance of what |
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entities, the county will implement and operate a delivery system |
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for the provision of Medicaid benefits to persons described by |
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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; |
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(3) identify the sources of funds to be used to pay the |
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state's share of the cost of Medicaid benefits provided by the |
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county; |
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(4) establish qualifications for a person to be |
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considered a resident of the county for purposes of receiving |
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Medicaid benefits from the county; and |
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(5) if appropriate, prescribe changes to the |
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commission's eligibility determination process for Medicaid |
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benefits to accommodate the expanded categories of persons eligible |
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to receive Medicaid benefits from the county. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. Not later than December 1, 2017, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules necessary to implement Section 540.002, Government |
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Code, as added by this Act, including rules that specify procedures |
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by which a county may request that the executive commissioner seek a |
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waiver under that section. |
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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, 2017. |