86R5346 MM-F
 
  By: Israel H.B. No. 590
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the expansion of eligibility for Medicaid to certain
  persons under the federal Patient Protection and Affordable Care
  Act.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 32, Human Resources Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE
         Sec. 32.301.  EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE
  UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT.  (a)  
  Notwithstanding any other law, the commission shall provide medical
  assistance to all persons who apply for that assistance and for whom
  federal matching funds are available under the Patient Protection
  and Affordable Care Act (Pub. L. No. 111-148), as amended by the
  Health Care and Education Reconciliation Act of 2010 (Pub. L. No.
  111-152), to provide that assistance.
         (b)  The executive commissioner shall adopt rules regarding
  the provision of medical assistance as required by this section.
         Sec. 32.302.  ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR
  MEDICAL ASSISTANCE. Not later than December 1 of each year, the
  commission shall report to the governor, the lieutenant governor,
  the speaker of the house of representatives, and the standing
  committees of the senate and the house of representatives having
  primary jurisdiction over the medical assistance program on the
  effects of expanding eligibility for medical assistance under
  Section 32.301, including the effects on:
               (1)  the number of persons in this state who do not have
  health benefits coverage;
               (2)  state health care costs, including costs relating
  to programs funded with money appropriated out of the general
  revenue fund;
               (3)  local health care costs; and
               (4)  charity care and uncompensated care costs for
  hospitals.
         SECTION 2.  Section 32.301, Human Resources Code, as added
  by this Act, applies only to an initial determination or
  recertification of eligibility of a person for medical assistance
  under Chapter 32, Human Resources Code, made on or after January 1,
  2020, regardless of the date the person applied for that
  assistance.
         SECTION 3.  As soon as possible after the effective date of
  this Act, the executive commissioner of the Health and Human
  Services Commission shall take all necessary actions to expand
  eligibility for medical assistance under Chapter 32, Human
  Resources Code, in accordance with Section 32.301, Human Resources
  Code, as added by this Act, including notifying appropriate federal
  agencies of that expanded eligibility.  If before implementing any
  provision of this Act a state agency determines that any other
  waiver or authorization from a federal agency is necessary for
  implementation of that provision, the agency affected by the
  provision shall request the waiver or authorization and may delay
  implementing that provision until the waiver or authorization is
  granted.
         SECTION 4.  This Act takes effect January 1, 2020, but only
  if the constitutional amendment proposed by the 86th Legislature,
  Regular Session, 2019, requiring the state to expand eligibility
  for Medicaid to all persons for whom federal matching funds are
  available under the federal Patient Protection and Affordable Care
  Act is approved by the voters. If that amendment is not approved by
  the voters, this Act has no effect.