| |
| |
|
|
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 H to read as follows: |
|
|
SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE |
|
|
Sec. 32.351. 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. 32.352. 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 32.351, 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 32.351, 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, |
|
|
2024, 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 32.351, 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, 2024, but only |
|
|
if the constitutional amendment proposed by the 88th Legislature, |
|
|
Regular Session, 2023, 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. |