Bill Text: TX SB550 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to implementation of an express lane option for determining eligibility and enrolling certain individuals in Medicaid or the child health plan program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2023-03-22 - Co-author authorized [SB550 Detail]

Download: Texas-2023-SB550-Introduced.html
  88R3310 SCP-D
 
  By: Johnson S.B. No. 550
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to implementation of an express lane option for
  determining eligibility and enrolling certain individuals in
  Medicaid or the child health plan program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 62.1011, Health and Safety Code, is
  amended to read as follows:
         Sec. 62.1011.  VERIFICATION OF INCOME. (a) Except as
  provided by Subsection (b) and subject to Subsection (c), the [The]
  commission shall continue employing methods of verifying the
  individual incomes of the individuals considered in the calculation
  of an applicant's household income.
         (b)  The commission shall verify income under this section
  unless the applicant reports a household income that exceeds the
  income eligibility level established under Section 62.101(b).
         (c)  The commission may verify income using the verification
  process described in Section 62.1012.
         SECTION 2.  Subchapter C, Chapter 62, Health and Safety
  Code, is amended by adding Section 62.1012 to read as follows:
         Sec. 62.1012.  EXPRESS LANE OPTION ELIGIBILITY; AUTOMATIC
  ENROLLMENT. (a) In this section:
               (1)  "Express lane agency" means a governmental entity
  that:
                     (A)  determines eligibility for assistance under
  a public assistance program of this state; and
                     (B)  is designated by the executive commissioner
  as capable of making determinations of one or more eligibility
  requirements under the child health plan program. 
               (2)  "Public assistance program" includes:
                     (A)  the Medicaid program under Chapter 32, Human
  Resources Code;
                     (B)  the financial assistance program under
  Chapter 31, Human Resources Code; 
                     (C)  the nutritional assistance programs under
  Chapter 33, Human Resources Code, including the supplemental
  nutrition assistance program under that chapter;
                     (D)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786;
                     (E)  the federal Head Start program established
  under 42 U.S.C. Section 9831 et seq.; and
                     (F)  the free or reduced-price lunch program
  established under 42 U.S.C. Section 1751 et seq.
         (b)  Notwithstanding any other law and in accordance with
  Sections 1902(e)(13) and 2107(e)(1)(H) of the Social Security Act
  (42 U.S.C. Sections 1396a(e)(13) and 1397gg(e)(1)(H)), the
  commission shall implement an express lane option under which the
  commission may use information obtained by an express lane agency
  to determine a child's eligibility for coverage under the child
  health plan, including a child's eligibility for reenrollment in
  the plan.
         (c)  In accordance with Section 1902(e)(13)(D) of the Social
  Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
  shall automatically enroll in the child health plan program a child
  who is determined to be eligible for the program under this section.
         SECTION 3.  Sections 32.026(e) and (g), Human Resources
  Code, are amended to read as follows:
         (e)  The executive commissioner shall permit a
  recertification review of the eligibility and need for medical
  assistance of a child under 19 years of age to be conducted by
  telephone or mail instead of through a personal appearance at an
  office, unless the commission determines that the information
  needed to verify eligibility cannot be obtained in that manner or
  may be obtained in the manner specified by Section 32.026102. The
  executive commissioner by rule may develop procedures to determine
  whether there is a need for a recertification review of a child
  described by this subsection to be conducted through a personal
  interview with a commission representative. Procedures developed
  under this subsection shall be based on objective, risk-based
  factors and conditions and shall focus on a targeted group of
  recertification reviews for which there is a high probability that
  eligibility will not be recertified.
         (g)  Notwithstanding any other provision of this code, the
  commission may use information obtained from a third party to
  verify the assets and resources of a person for purposes of
  determining the person's eligibility and need for medical
  assistance to the extent that verification is applicable under
  federal law. Third-party information includes information
  obtained from:
               (1)  a consumer reporting agency, as defined by Section
  20.01, Business & Commerce Code;
               (2)  an appraisal district; [or]
               (3)  the Texas Department of Motor Vehicles vehicle
  registration record database; or
               (4)  an express lane agency described by Section
  32.026102.
         SECTION 4.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.026102 to read as follows:
         Sec. 32.026102.  EXPRESS LANE OPTION; AUTOMATIC ENROLLMENT.
  (a)  In this section:
               (1)  "Express lane agency" means a governmental entity
  that:
                     (A)  determines eligibility for assistance under
  a public assistance program of this state; and
                     (B)  is designated by the executive commissioner
  as capable of making determinations of one or more eligibility
  requirements under the medical assistance program. 
               (2)  "Public assistance program" includes:
                     (A)  the child health plan program under Chapters
  62 and 63, Health and Safety Code;
                     (B)  the financial assistance program under
  Chapter 31; 
                     (C)  the nutritional assistance programs under
  Chapter 33, including the supplemental nutrition assistance
  program under that chapter;
                     (D)  the federal special supplemental nutrition
  program for women, infants, and children authorized by 42 U.S.C.
  Section 1786;
                     (E)  the federal Head Start program established
  under 42 U.S.C. Section 9831 et seq.; and
                     (F)  the free or reduced-price lunch program
  established under 42 U.S.C. Section 1751 et seq.
         (b)  Notwithstanding any other law and in accordance with
  Section 1902(e)(13) of the Social Security Act (42 U.S.C. Section
  1396a(e)(13)), the commission shall implement an express lane
  option under which the commission may use information obtained by
  an express lane agency to determine a person's eligibility for
  medical assistance, including the recertification of a person's
  eligibility for medical assistance benefits.
         (c)  In accordance with Section 1902(e)(13)(D) of the Social
  Security Act (42 U.S.C. Section 1396a(e)(13)(D)), the commission
  shall automatically enroll in the medical assistance program a
  person who is determined to be eligible for the program under this
  section.
         SECTION 5.  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 6.  This Act takes effect September 1, 2023.
feedback