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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 to certain |
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individuals under the federal Patient Protection and Affordable |
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Care Act. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Human Resources Code, is amended by |
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adding Subchapter H to read as follows: |
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SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE |
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Sec. 32.351. 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 commission shall provide medical |
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assistance to all individuals who apply for that assistance and for |
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whom federal matching funds are available under the Patient |
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Protection and Affordable Care Act (Pub. L. No. 111-148), as |
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amended by the Health Care and Education Reconciliation Act of 2010 |
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(Pub. L. No. 111-152), to provide that assistance. |
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(b) The executive commissioner shall adopt rules regarding |
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the provision of medical assistance as required by this section. |
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Sec. 32.352. ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR |
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MEDICAL ASSISTANCE. Not later than December 1 of each year, the |
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commission shall report to the governor, the lieutenant governor, |
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the speaker of the house of representatives, and the standing |
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committees of the senate and the house of representatives having |
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primary jurisdiction over the medical assistance program on the |
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effects of expanding eligibility for medical assistance under |
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Section 32.351, including the effects on: |
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(1) the number of individuals in this state who do not |
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have health benefits coverage; |
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(2) state health care costs, including costs relating |
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to programs funded with money appropriated out of the general |
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revenue fund; |
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(3) local health care costs; and |
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(4) charity care and uncompensated care costs for |
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hospitals. |
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SECTION 2. Section 32.351, 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 an individual for medical |
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assistance under Chapter 32, Human Resources Code, made on or after |
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January 1, 2024, regardless of the date the individual applied for |
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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 32.351, Human Resources |
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Code, as added by this Act, including notifying appropriate federal |
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agencies of that expanded eligibility. If before implementing any |
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provision of this Act a state agency determines that any other |
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waiver or authorization from a federal agency is necessary for |
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implementation of that provision, the agency affected by the |
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provision shall request the waiver or authorization and may delay |
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implementing that provision until the waiver or authorization is |
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granted. |
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SECTION 4. This Act takes effect January 1, 2024, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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First Called Session, 2023, requiring the state to expand |
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eligibility for Medicaid to all individuals for whom federal |
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matching funds are available under the federal Patient Protection |
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and Affordable Care Act is approved by the voters. If that |
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amendment is not approved by the voters, this Act has no effect. |