By: Rose, et al. (Senate Sponsor - Blanco, et al.) H.B. No. 2802
         (In the Senate - Received from the House April 19, 2023;
  April 20, 2023, read first time and referred to Committee on Health &
  Human Services; May 11, 2023, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 11, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         KolkhorstX
         PerryX
         BlancoX
         HallX
         HancockX
         HughesX
         LaMantiaX
         MilesX
         SparksX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the Medicaid application form and communication with
  Medicaid recipients.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 533.008, Government Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  The executive commissioner shall adopt and publish
  guidelines for Medicaid managed care organizations regarding how
  organizations may communicate by telephone, text message, or e-mail
  with recipients enrolled in the organization's managed care plan
  using the contact information provided in a recipient's application
  for Medicaid benefits under Section 32.025(g)(2), Human Resources
  Code, including updated information provided to the organization in
  accordance with Section 32.025(h), Human Resources Code.
         (d)  In adopting the guidelines under Subsection (c) for a
  recipient enrolled in a Medicaid managed care organization's
  managed care plan who provides to the organization the recipient's
  contact information through any method other than the recipient's
  Medicaid application, the commission:
               (1)  must allow the organization to communicate with
  the recipient through any electronic means, including telephone,
  text message, and e-mail, regarding eligibility, enrollment, and
  other health care matters; and
               (2)  may not require the organization to submit the
  recipient's contact preference information to the commission.
         SECTION 2.  Section 32.025(g), Human Resources Code, is
  amended to read as follows:
         (g)  The application form, including a renewal form, adopted
  under this section must include:
               (1)  for an applicant who is pregnant, a question
  regarding whether the pregnancy is the woman's first gestational
  pregnancy;
               (2)  for all applicants, a question regarding the
  applicant's preferences for being contacted by a managed care
  organization or health plan provider [that provides the applicant
  with the option to be contacted] by telephone, text message, or
  e-mail about eligibility, enrollment, and other health care
  matters, including reminders for appointments and information
  about immunizations or well check visits; and
               (3)  language that:
                     (A)  notifies the applicant that, if determined
  eligible for benefits, all preferred contact methods listed on the
  application and renewal forms will be shared with the applicant's
  managed care organization or health plan provider;
                     (B)  notifies [allows] the applicant that the
  applicant may opt out of [to consent to] being contacted by
  telephone, text message, or e-mail [through the preferred contact
  methods] by notifying the applicant's managed care organization or
  health plan provider; and
                     (C)  explains the security risks of electronic
  communication.
         SECTION 3.  Not later than January 1, 2024, the executive
  commissioner of the Health and Human Services Commission shall
  adopt revised communication guidelines for Medicaid managed care
  organizations that conform to the requirements of Section 533.008,
  Government Code, as amended by this Act, and a revised application
  form for medical assistance benefits that conforms to the
  requirements of Section 32.025(g), Human Resources Code, as amended
  by this Act.
         SECTION 4.  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 5.  This Act takes effect September 1, 2023.
 
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