85R2240 EES-D     By: Alvarado H.B. No. 3493       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. 540.001.  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. 540.002.  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 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 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 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, 2017, 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 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, 2017.