89R7660 CMO-D
 
  By: Lalani H.B. No. 4639
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development and implementation of a veterans health
  care coverage program to assist certain veterans in obtaining
  health care coverage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 4, Government Code, is amended
  by adding Chapter 550A to read as follows:
  CHAPTER 550A. VETERANS HEALTH CARE COVERAGE PROGRAM
         Sec. 550A.0001.  DEFINITIONS. In this chapter:
               (1)  "Eligible individual" means a veteran who is
  eligible to participate in the program.
               (2)  "Participant" means a veteran who is enrolled in
  the program.
               (3)  "Program" means the veterans health care coverage
  program established under this chapter.
               (4)  "Veteran" has the meaning assigned by Section
  411.1951.
         Sec. 550A.0002.  FEDERAL AUTHORIZATION FOR PROGRAM. (a)
  The executive commissioner shall seek a waiver under Section 1115
  of the federal Social Security Act (42 U.S.C. Section 1315) to
  obtain any federal money available for implementing the program to
  assist eligible individuals in obtaining health care coverage.
         (b)  The terms of the waiver the executive commissioner seeks
  must:
               (1)  be designed to:
                     (A)  provide financial assistance for eligible
  individuals to obtain health care coverage, including coverage for
  mental health services; and
                     (B)  encourage participants to seek employment
  opportunities, including through programs operated by the Texas
  Workforce Commission; and
               (2)  allow for the operation of the program consistent
  with the requirements of this chapter, except to the extent
  deviation from the requirements is necessary to obtain federal
  authorization of the waiver.
         Sec. 550A.0003.  FUNDING. Subject to approval of the waiver
  described by Section 550A.0002, the commission shall implement the
  program using federal money obtained for that purpose.
         Sec. 550A.0004.  NOT AN ENTITLEMENT. This chapter does not
  establish an entitlement to financial assistance for obtaining
  health care coverage under the program for eligible individuals.
         Sec. 550A.0005.  PROGRAM PROMOTION AND ADMINISTRATION. The
  commission shall promote and provide information on the program to
  veterans who are potentially eligible to participate in the
  program. The commission shall ensure the program's promotion is
  designed in a manner to reach as many veterans as possible.
         Sec. 550A.0006.  ELIGIBILITY REQUIREMENTS. An individual is
  eligible to participate in the program if:
               (1)  the individual:
                     (A)  is a resident of this state;
                     (B)  is a veteran;
                     (C)  is 19 years of age or older but younger than
  65 years of age; and
                     (D)  applying the eligibility criteria in effect
  in this state on December 31, 2024, is not eligible for Medicaid;
  and
               (2)  federal money is available to provide benefits to
  the individual under the program.
         Sec. 550A.0007.  COMMISSION'S AUTHORITY RELATED TO
  ELIGIBILITY AND MEDICAID COORDINATION. The commission may:
               (1)  accept applications for program participation and
  implement program eligibility screening and enrollment procedures;
               (2)  resolve grievances related to eligibility
  determinations; and
               (3)  to the extent possible, coordinate the program
  with Medicaid.
         Sec. 550A.0008.  APPLICATION FORM AND PROCEDURES. (a) The
  executive commissioner shall adopt an application form and
  application procedures for the program. The form and procedures
  may be coordinated with Medicaid forms and procedures to ensure
  there is a single consolidated application process to seek health
  care coverage under the program or Medicaid.
         (b)  To the extent possible, the commission shall make the
  application form available in languages other than English.
         (c)  The executive commissioner may permit a veteran to apply
  by mail, over the telephone, or through the Internet.
         Sec. 550A.0009.  ELIGIBILITY SCREENING AND ENROLLMENT. (a)
  The executive commissioner shall adopt eligibility screening and
  enrollment procedures or use the Texas Integrated Enrollment
  Services eligibility determination system or a compatible system to
  screen veterans and enroll eligible individuals in the program.
         (b)  The eligibility screening and enrollment procedures
  must ensure that a veteran applying for the program who appears
  eligible for Medicaid is identified and assisted with obtaining
  Medicaid coverage. If the veteran is denied Medicaid coverage but
  is otherwise determined eligible to participate in the program, the
  commission shall enroll the veteran in the program without
  additional application or qualification.
         (c)  Not later than the 30th day after the date a veteran
  submits a complete application form, the commission shall ensure
  that the veteran's eligibility to participate in the program is
  determined and that the veteran is enrolled in the program if
  eligible.
         Sec. 550A.0010.  ELIGIBILITY REDETERMINATION AND
  DISENROLLMENT. (a) The commission shall redetermine a
  participant's eligibility to participate in the program during the
  12th month following the date the participant is initially enrolled
  in the program or was most recently redetermined eligible for the
  program. The commission shall ensure the eligibility
  redetermination process is as seamless and contains as little
  administrative burden for the participant as possible to facilitate
  the participant's successful eligibility redetermination.
         (b)  Not later than the 60th day before the expiration of a
  participant's coverage period, the commission shall take all
  reasonable steps to notify the participant regarding the
  eligibility redetermination process and request documentation
  necessary to redetermine the participant's eligibility.
         (c)  The commission shall disenroll a participant from the
  program if:
               (1)  the participant does not submit the requested
  eligibility redetermination documentation before the last day of
  the participant's coverage period; or
               (2)  the commission, based on the submitted
  documentation, determines the participant is no longer eligible to
  participate in the program.
         Sec. 550A.0011.  SLIDING SCALE SUBSIDIES. (a) The
  commission shall ensure a participant receives a sliding scale
  subsidy under the program to purchase health benefit coverage.
         (b)  A sliding scale subsidy provided to a participant must:
               (1)  be based on:
                     (A)  the average health benefit coverage premium
  in the market; and
                     (B)  a realistic assessment of the participant's
  ability to pay a portion of the premium; and
               (2)  include an enhancement for participants who choose
  a high deductible health plan with a health savings account.
         (c)  The commission shall ensure that counselors are made
  available to participants to advise the participants on selecting
  health benefit coverage that meets the participant's needs.
         (d)  A participant is responsible for paying:
               (1)  any difference between the premium costs
  associated with the purchase of health benefit coverage and the
  amount of the participant's subsidy under this section; and
               (2)  any copayments associated with the health benefit
  coverage, except to the extent the individual receives an
  additional subsidy under Section 550A.0012 to pay the copayments.
         (e)  If the amount of a subsidy a participant receives under
  this section exceeds the premium costs associated with the
  participant's purchase of health benefit coverage, the participant
  may deposit the excess amount in a health savings account that may
  be used only in the manner described by Section 550A.0013(b).
         Sec. 550A.0012.  ADDITIONAL COST-SHARING SUBSIDIES. In
  addition to providing a subsidy to a participant under Section
  550A.0011, the commission shall provide additional subsidies for
  coinsurance payments, copayments, deductibles, and other
  cost-sharing requirements associated with the participant's health
  benefit coverage. The commission shall provide the additional
  subsidies on a sliding scale based on income.
         Sec. 550A.0013.  DELIVERY OF SUBSIDIES; HEALTH SAVINGS
  ACCOUNTS. (a) The commission shall determine the most appropriate
  manner for delivering and administering subsidies provided under
  Sections 550A.0011 and 550A.0012. In determining the most
  appropriate manner, the commission shall consider depositing
  subsidy amounts for a participant in a health savings account
  established for that participant.
         (b)  A health savings account established under this section
  may be used only to:
               (1)  pay health benefit coverage premiums and
  cost-sharing amounts; and
               (2)  if appropriate, purchase health care-related
  goods and services.
         Sec. 550A.0014.  RULEMAKING AUTHORITY. The commission shall
  adopt rules as necessary to implement the program.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall apply for and actively pursue from the
  federal Centers for Medicare and Medicaid Services or another
  appropriate federal agency the waiver required by Section
  550A.0002, Government Code, as added by this Act. The commission
  may delay implementing this Act until the waiver applied for under
  this section 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.