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HB 2865

AN ACT relating to a prohibition on conducting an ex parte renewal of a

House Bill
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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Committee

Not yet assigned

Fiscal Note

Not available

What This Bill Does

Prohibits automatic, one-sided renewals of Medicaid eligibility without directly involving the recipient. State agencies administering Medicaid will no longer be able to conduct "ex parte renewals" that use electronic data sources to automatically redetermine a person's eligibility without requiring additional information from the recipient. The Health and Human Services Commission must seek federal waivers to implement this change, with the law taking effect either immediately upon legislative approval or on September 1, 2025.

Subject Areas

Bill Text

relating to a prohibition on 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
Sec. 532.0456.  EX PARTE RENEWALS PROHIBITED.  (a)  In this
section, "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
(b)  Except as expressly required by federal law, the
commission or a state agency that administers any part of Medicaid
may not conduct an ex parte renewal of a recipient's Medicaid
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
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.

Bill History

filed

Bill filed: AN ACT relating to a prohibition on conducting an ex parte renewal of a