Bill Text: TX HB204 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the expansion of eligibility for Medicaid in certain counties under the federal Patient Protection and Affordable Care Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2023-02-23 - Referred to Health Care Reform, Select [HB204 Detail]
Download: Texas-2023-HB204-Introduced.html
| 88R359 BDP-D | ||
| By: Bernal | H.B. No. 204 | |
|
|
||
|
|
||
| relating to the expansion of eligibility for Medicaid in certain | ||
| counties under the federal Patient Protection and Affordable Care | ||
| Act. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle I, Title 4, Government Code, is amended | ||
| by adding Chapter 540 to read as follows: | ||
| CHAPTER 540. FEDERAL WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES | ||
| Sec. 540.0001. DEFINITION. Notwithstanding Section | ||
| 531.001, in this chapter, "Medicaid" means the medical assistance | ||
| program established under Title XIX, Social Security Act (42 U.S.C. | ||
| Section 1396 et seq.). | ||
| Sec. 540.0002. FEDERAL AUTHORIZATION FOR MEDICAID | ||
| EXPANSION IN CERTAIN COUNTIES. (a) On a county's request and | ||
| notwithstanding any other law, the executive commissioner shall, on | ||
| the county's behalf, seek a waiver under Section 1115 of the Social | ||
| Security Act (42 U.S.C. Section 1315) to the state Medicaid plan to | ||
| expand the categories of individuals eligible for Medicaid benefits | ||
| by allowing the county to provide Medicaid benefits to any resident | ||
| of the county: | ||
| (1) who is not otherwise eligible to receive Medicaid | ||
| benefits under the program established under Chapter 32, Human | ||
| Resources Code, and operated by this state, including through a | ||
| waiver, other than a waiver sought under this section, to the | ||
| program; | ||
| (2) who applies to receive Medicaid benefits; and | ||
| (3) 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 Medicaid benefits. | ||
| (b) The terms of a waiver under this section must: | ||
| (1) specify how, and with the assistance of what | ||
| entities, the county will implement and operate a delivery system | ||
| for the provision of Medicaid benefits to individuals described by | ||
| Subsection (a); | ||
| (2) specify the commission's role in facilitating the | ||
| provision of those Medicaid benefits; | ||
| (3) identify the sources of money to be used to pay | ||
| this state's share of the cost of Medicaid benefits the county | ||
| provides; | ||
| (4) establish qualifications for an individual to be | ||
| considered a resident of the county for purposes of receiving | ||
| Medicaid benefits from the county; and | ||
| (5) if appropriate, prescribe changes to the | ||
| commission's eligibility determination process for Medicaid | ||
| benefits to accommodate the expanded categories of individuals | ||
| eligible to receive Medicaid benefits from the county. | ||
| (c) The executive commissioner shall adopt rules necessary | ||
| to implement this section. | ||
| SECTION 2. Not later than December 1, 2023, the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| adopt rules necessary to implement Section 540.0002, Government | ||
| Code, as added by this Act, including rules that specify procedures | ||
| by which a county may request that the executive commissioner seek a | ||
| waiver under that section. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
