By: Bucy H.B. No. 23       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; 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; and                      (D)  other programs identified by the commission.          (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 rely on findings made by an express lane agency,   including a division of an express lane agency, in determining a   child's eligibility for coverage under the child health plan,   including a child's eligibility for reenrollment in the plan. The   commission shall use express lane eligibility by evaluating data   received from an applicant under other public assistance programs   to determine the applicant's eligibility for coverage under the   child health 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 enroll in the child health plan program a child who is   determined to be eligible for the program under this section,   except that the child may only be enrolled in the program if the   child's parent, legal guardian, or custodial relative   affirmatively consents to the enrollment. The consent:                (1)  must be provided in accordance with identity   verification standards the commission establishes; and                (2)  may be provided:                      (A)  orally;                      (B)  by telephone;                      (C)  in writing, including:                            (i)  by electronic signature; or                            (ii)  in an application for coverage or   benefits under a public assistance program; or                      (D)  by any other manner the commission determines   appropriate.          (d)  The commission and each express lane agency shall   include in each application for coverage or benefits under a public   assistance program, including any online application, and on the   commission's or agency's Internet website a conspicuous notice   clearly explaining that:                (1)  the information disclosed in the application may   be used to determine a child's eligibility for coverage under the   child health plan program using the express lane option implemented   under this section;                (2)  the child's parent, legal guardian, or custodial   relative may elect not to have the information disclosed for that   purpose; and                (3)  the child's parent, legal guardian, or custodial   relative must provide affirmative consent before the child may be   enrolled in the child health plan program using the express lane   option implemented under this section.          (e)  In accordance with 42 C.F.R. Section 457.340(e), the   commission shall provide to the parent, legal guardian, or   custodial relative of a child determined eligible for coverage   under the child health plan program using the express lane option   implemented under this section notice of that determination. The   notice may be provided by mail, e-mail, or any other manner the   commission determines appropriate.          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 as defined 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 ELIGIBILITY;   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; and                      (D)  other programs identified by the commission.          (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 rely on findings made by an   express lane agency, including a division of an express lane   agency, in determining a child's eligibility for medical   assistance, including the recertification of a child's eligibility   for medical assistance benefits. The commission shall use express   lane eligibility by evaluating data received from an applicant   under other public assistance programs to determine the applicant's   eligibility for benefits under the medical assistance program.          (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 enroll in the medical assistance program a child who is   determined to be eligible for the program under this section,   except that the child may only be enrolled in the program if the   child's parent, legal guardian, or custodial relative   affirmatively consents to the enrollment. The consent:                (1)  must be provided in accordance with identity   verification standards the commission establishes; and                (2)  may be provided:                      (A)  orally;                      (B)  by telephone;                      (C)  in writing, including:                            (i)  by electronic signature; or                            (ii)  in an application for coverage or   benefits under a public assistance program; or                      (D)  by any other manner the commission determines   appropriate.          (d)  The commission and each express lane agency shall   include in each application for coverage or benefits under a public   assistance program, including any online application, and on the   commission's or agency's Internet website a conspicuous notice   clearly explaining that:                (1)  the information disclosed in the application may   be used to determine a child's eligibility for medical assistance   benefits using the express lane option implemented under this   section;                (2)  the child's parent, legal guardian, or custodial   relative may elect not to have the information disclosed for that   purpose; and                (3)  the child's parent, legal guardian, or custodial   relative must provide affirmative consent before the child may be   enrolled in the medical assistance program using the express lane   option implemented under this section.          (e)  In accordance with 42 C.F.R. Section 435.917, the   commission shall provide to the parent, legal guardian, or   custodial relative of a child determined eligible for benefits   under the medical assistance program using the express lane option   implemented under this section notice of that determination. The   notice may be provided by mail, e-mail, or any other manner the   commission determines appropriate.          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 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 on the 91st day after the last day of the   legislative session.