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Panel approves bill requiring legislative sign‑off for Medicaid waivers and related changes

2306771 · February 13, 2025
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Summary

The Committee on Welfare Reform amended and passed House Bill 2240 to require legislative approval before state agencies seek or implement Medicaid waivers, state plan amendments, demonstrations or related changes.

The Committee on Welfare Reform amended and passed House Bill 2240, a measure that would require the legislature to approve any state agency action that seeks or implements a Medicaid state plan, state plan amendment, demonstration or waiver.

Under the bill as amended, the legislature must consent to such actions by legislative action. Committee members adopted two amendments during the hearing to clarify how the requirement would operate when the legislature is not in session and to add an express‑consent requirement for specific changes affecting services for persons with intellectual or developmental disabilities (IDD).

Representative Humphreys offered an amendment to allow the Legislative Coordinating Council (LCC) to act for the legislature when the legislature is not in session. The amendment’s sponsor said it addresses the practical question of how to handle urgent changes outside the legislative session. Jenna from the advisors office explained the LCC’s composition and authorities: it is composed of eight legislators (the president of the senate, the speaker of the house, the vice president of the senate, the speaker pro tem of the house, the majority leaders and minority leaders of each chamber), requires a quorum of five, meets at least once each month in the interim, and has statutory authority to govern legislative committee mechanics and procedures.

Representative Esau offered a second amendment to add language that would bar state agencies from seeking or implementing changes to funding structures, day services, or targeted case management services for persons with intellectual or developmental disabilities unless the legislature expressly consents by an act of the legislature. Proponents of that amendment said families and providers have expressed concern about rapid, planned changes and wanted legislative review.

Both the Humphreys and Esau amendments were adopted by the committee. Representative Bergkamp moved to pass HB 2240 favorably as amended; Representative Roser seconded. The committee approved the bill by voice vote. Representative Simmons asked that her no vote be recorded.

The transcript does not include a roll call tally for the final passage; the committee recorded at least one recorded no vote (Representative Simmons) and otherwise approved the bill by voice vote.