Bill Text: TX SB1816 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the expansion of eligibility for medical assistance to certain persons under the federal Patient Protection and Affordable Care Act and funding of that expansion.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Health & Human Services [SB1816 Detail]
Download: Texas-2013-SB1816-Introduced.html
83R10617 EES-D | ||
By: Rodriguez | S.B. No. 1816 |
|
||
|
||
relating to the expansion of eligibility for medical assistance to | ||
certain persons under the federal Patient Protection and Affordable | ||
Care Act and funding of that expansion. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.02472 to read as follows: | ||
Sec. 32.02472. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE | ||
UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) | ||
Notwithstanding any other law, the department 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 state's share of the cost of the medical assistance | ||
provided under Subsection (a) to residents of the eight counties in | ||
this state with the largest populations as compared to other | ||
counties shall be paid by: | ||
(1) funds received by the state through | ||
intergovernmental transfers from each hospital district that | ||
includes all or any part of any of those counties; or | ||
(2) funds collected from the payment of a quality | ||
assurance fee by each hospital required to obtain a license under | ||
Chapter 241, Health and Safety Code, that is located in any of those | ||
counties. | ||
(c) The department shall determine whether to use the | ||
funding mechanism specified by Subsection (b)(1) or (b)(2). If the | ||
mechanism specified by Subsection (b)(2) is selected, the executive | ||
commissioner of the Health and Human Services Commission shall | ||
adopt rules regarding the imposition, administration, and | ||
collection of the quality assurance fee. The rules must ensure that | ||
the state does not collect net revenue from the fee in excess of the | ||
amount of the state's share of the cost of providing medical | ||
assistance in the counties described in Subsection (b). | ||
(d) The state shall pay for the state's share of the cost of | ||
the medical assistance provided under Subsection (a) to persons who | ||
are residents of counties not described in Subsection (b). | ||
(e) Not later than December 1 of each even-numbered year, | ||
the department, in conjunction with the Legislative Budget Board, | ||
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 any savings to the state that | ||
result from the expansion of eligibility for medical assistance | ||
under Subsection (a). | ||
(f) The executive commissioner of the Health and Human | ||
Services Commission shall adopt rules regarding the provision of | ||
and payment for medical assistance as required by this section. | ||
SECTION 2. The change in law made 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, 2014, 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 32.02472, 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 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, 2013. |