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89(R) HB 2865 - House Committee Report version - Bill Text
89R17972 AND-F
By: Noble
H.B. No. 2865
Substitute the following for H.B. No. 2865:
By: Hull
C.S.H.B. No. 2865
A BILL TO BE ENTITLED
AN ACT
relating to conducting an ex parte renewal of a recipient's
Medicaid eligibility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter J, Chapter 532, Government Code, as
effective April 1, 2025, is amended by adding Section 532.0456 to
read as follows:
Sec.
532.0456.
EX PARTE RENEWALS PROHIBITED. (a) In this
section:
(1)
"Ex parte renewal" means a redetermination of a
recipient's Medicaid eligibility that is conducted automatically
without requiring information from the recipient using information
from verifiable electronic data sources or that is otherwise
available to the commission.
(2)
"Public assistance program"
means a program to
provide benefits to persons based on need that is administered by
the commission and established under Subtitle C, Title 2, Human
Resources Code, or other law.
(b)
Except as expressly required by federal law, the
commission or a state agency that administers any part of Medicaid
may not accept information provided by a recipient in an
application for benefits under another public assistance program,
including the supplemental nutrition assistance program
established under Chapter 33, Human Resources Code, as verifiable
electronic data for purposes of conducting an ex parte renewal of
the recipient's Medicaid eligibility.
(c)
This section does not prohibit the commission or a state
agency that administers any part of Medicaid from receiving,
reviewing, and, if appropriate, conducting a redetermination of a
recipient's Medicaid eligibility based on information provided in
an application described by Subsection (b) that indicates a change
in circumstances that may affect the recipient's Medicaid
eligibility.
SECTION 2. Not later than the 180th day after the effective
date of this Act, the Health and Human Services Commission shall
seek any waiver or authorization from a federal agency necessary to
implement Section 532.0456, Government Code, as added by this Act.
The commission may delay implementing that section until the waiver
or authorization is granted.
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, 2025.