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A BILL TO BE ENTITLED
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AN ACT
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relating to conducting an ex parte renewal of a recipient's |
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Medicaid eligibility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter J, Chapter 532, Government Code, as |
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effective April 1, 2025, is amended by adding Section 532.0456 to |
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read as follows: |
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Sec. 532.0456. EX PARTE RENEWALS PROHIBITED. (a) In this |
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section: |
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(1) "Ex parte renewal" means a redetermination of a |
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recipient's Medicaid eligibility that is conducted automatically |
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without requiring information from the recipient using information |
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from verifiable electronic data sources or that is otherwise |
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available to the commission. |
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(2) "Public assistance program" means a program to |
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provide benefits to persons based on need that is administered by |
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the commission and established under Subtitle C, Title 2, Human |
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Resources Code, or other law. |
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(b) Except as expressly required by federal law, the |
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commission or a state agency that administers any part of Medicaid |
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may not accept information provided by a recipient in an |
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application for benefits under another public assistance program, |
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including the supplemental nutrition assistance program |
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established under Chapter 33, Human Resources Code, as verifiable |
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electronic data for purposes of conducting an ex parte renewal of |
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the recipient's Medicaid eligibility. |
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(c) This section does not prohibit the commission or a state |
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agency that administers any part of Medicaid from receiving, |
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reviewing, and, if appropriate, conducting a redetermination of a |
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recipient's Medicaid eligibility based on information provided in |
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an application described by Subsection (b) that indicates a change |
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in circumstances that may affect the recipient's Medicaid |
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eligibility. |
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SECTION 2. Not later than the 180th day after the effective |
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date of this Act, the Health and Human Services Commission shall |
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seek any waiver or authorization from a federal agency necessary to |
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implement Section 532.0456, Government Code, as added by this Act. |
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The commission may delay implementing that section until the waiver |
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or authorization is granted. |
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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, 2025. |