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.
Spectrum: Partisan Bill (Democrat 1-0)
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. |