| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
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. WAIVER TO EXPAND MEDICAID IN CERTAIN COUNTIES |
|
|
Sec. 540.001. DEFINITION. 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. 540.002. FEDERAL AUTHORIZATION FOR MEDICAID EXPANSION |
|
|
IN CERTAIN COUNTIES. (a) On the request of a county and |
|
|
notwithstanding any other law, the executive commissioner shall, on |
|
|
behalf of the county, seek a waiver under Section 1115 of the |
|
|
federal Social Security Act (42 U.S.C. Section 1315) to the state |
|
|
Medicaid plan to expand the categories of persons 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 the state, including through a |
|
|
waiver, other than one granted 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 persons described by |
|
|
Subsection (a); |
|
|
(2) specify the role of the commission in facilitating |
|
|
the provision of those Medicaid benefits; |
|
|
(3) identify the sources of funds to be used to pay the |
|
|
state's share of the cost of Medicaid benefits provided by the |
|
|
county; |
|
|
(4) establish qualifications for a person 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 persons 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, 2013, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt rules necessary to implement Section 540.002, 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 October 1, 2013. |