Bernal bill letting counties ask for Medicaid expansion

The text as introduced · 505 words

By: Bernal
H.B. No. 792

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. 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, 2025, 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, 2025.