Bill Text: TX HB234 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the expansion of eligibility for Medicaid to certain persons under the federal Patient Protection and Affordable Care Act.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-08-25 - Filed [HB234 Detail]
Download: Texas-2021-HB234-Introduced.html
| By: Bucy | H.B. No. 234 | |
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| 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, | ||
| 2022, 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, 2023, but only | ||
| if the constitutional amendment proposed by the 87th Legislature, | ||
| Second Called Session, 2021, 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. | ||
