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A BILL TO BE ENTITLED
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AN ACT
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relating to expanding eligibility for medical assistance to certain |
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persons 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. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02473 to read as follows: |
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Sec. 32.02473. EXPANDED ELIGIBILITY FOR MEDICAL |
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ASSISTANCE. (a) In this section, "medical assistance expansion |
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group" means the category of persons who would not be eligible for |
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medical assistance under the eligibility criteria in effect on |
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December 31, 2021, but who are eligible for that assistance because |
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of the requirement of this section. |
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(b) Notwithstanding any other law, the commission shall |
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provide medical assistance to all persons who apply for that |
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assistance and for whom federal matching money is available. |
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(c) This section does not establish an entitlement to |
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benefits under the medical assistance program for persons in the |
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medical assistance expansion group for whom federal matching money |
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is not available. Medical assistance benefits for persons in the |
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medical assistance expansion group terminate at the time federal |
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funding terminates under the Patient Protection and Affordable Care |
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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), unless |
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a successor program providing federal funding is created. |
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(d) The executive commissioner shall adopt any rules |
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necessary to implement any changes in the provision of and |
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eligibility criteria for medical assistance required by this |
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section. |
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SECTION 2. Section 32.02473, Human Resources Code, as added |
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by this Act, applies only to an initial determination or |
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recertification of eligibility of a person for medical assistance |
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under Chapter 32, Human Resources Code, made on or after the date |
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the section is implemented, regardless of the date the person |
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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 32.02473, 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. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the 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 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |