Bill Text: TX HB108 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of a Medicaid buy-in program for certain low-income individuals through the expansion of Medicaid under the federal Patient Protection and Affordable Care Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-07-08 - Filed [HB108 Detail]
Download: Texas-2021-HB108-Introduced.html
| By: Bernal | H.B. No. 108 | |
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| relating to the creation of a Medicaid buy-in program for certain | ||
| low-income individuals through the expansion of Medicaid 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. Subtitle I, Title 4, Government Code, is amended | ||
| by adding Chapter 540 to read as follows: | ||
| CHAPTER 540. PROGRAM TO ENSURE HEALTH BENEFIT PLAN COVERAGE FOR | ||
| CERTAIN CHILDREN THROUGH A MEDICAID BUY-IN PROGRAM | ||
| Sec. 540.0001. PROGRAM FOR HEALTH BENEFIT PLAN COVERAGE FOR | ||
| CHILDREN THROUGH A MEDICAID BUY-IN PROGRAM. The commission in | ||
| consultation with the commissioner of insurance shall develop and | ||
| implement a program that allows certain individuals to purchase | ||
| health benefit plan coverage from a managed care organization | ||
| enrolled in the state Medicaid program. | ||
| Sec. 540.0002. ENROLLMENT ELIGIBILITY. (a) A child is | ||
| eligible to enroll in a program designed and established under this | ||
| chapter if the child: | ||
| (1) is younger than 19 years of age; and | ||
| (2) does not have health benefit coverage under a | ||
| health benefit plan because the child's family does not have access | ||
| to or cannot afford a plan through the private marketplace, | ||
| including: | ||
| (A) an employer-sponsored health benefit plan; | ||
| or | ||
| (B) a health benefit plan for which an enrollee | ||
| receives a premium subsidy under the Patient Protection and | ||
| Affordable Care Act (Pub. L. No. 111-148) due to the amount of | ||
| family income. | ||
| Sec. 540.0003. MINIMUM PROGRAM REQUIREMENTS. A program | ||
| designed and established under this chapter must: | ||
| (1) provide children whose family's income is at or | ||
| below 200% of the federal poverty level the ability to buy into the | ||
| state Medicaid program; and | ||
| (2) create a sliding-scale premium for families whose | ||
| income is between 133% and 200% of the federal poverty level. | ||
| Sec. 540.0004. RULES. The executive commissioner may adopt | ||
| rules necessary to implement this chapter. | ||
| SECTION 3. 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 the date | ||
| the section is implemented, regardless of the date the person | ||
| applied for that assistance. | ||
| SECTION 4. 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 5. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall develop and implement the program | ||
| required by Chapter 540, Government Code, as added by this Act. | ||
| SECTION 6. If before implementing any provision of this Act | ||
| a state agency determines that a 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 7. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
