Bill Text: TX SB225 | 2025-2026 | 89th 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) 2025-02-11 - Co-author authorized [SB225 Detail]
Download: Texas-2025-SB225-Introduced.html
89R570 SCP-D | ||
By: West | S.B. No. 225 |
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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 [ |
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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) the executive commissioner designates 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; [ |
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(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) the executive commissioner designates 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 an individual's eligibility for | ||
medical assistance, including the recertification of an | ||
individual'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 an | ||
individual 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, 2025. |