88R2378 KKR-D
 
  By: Alvarado, et al. S.B. No. 124
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the Medicaid eligibility of certain women during and
  following a pregnancy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.024(l-1), Human Resources Code, is
  amended to read as follows:
         (l-1)  The commission shall continue to provide medical
  assistance to a woman who is eligible for medical assistance for
  pregnant women for a period of not less than 12 [six] months
  following the last month of the woman's pregnancy.  The commission
  shall actively seek, apply for, accept, and spend any federal money
  that is available to implement this subsection, including any
  additional money received as a result of an increase in the federal
  medical assistance percentage (FMAP) [date the woman delivers or
  experiences an involuntary miscarriage].
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02472 to read as follows:
         Sec. 32.02472.  ELIGIBILITY OF CERTAIN PREGNANT WOMEN
  LAWFULLY PRESENT IN THE UNITED STATES.  To the extent allowed by
  federal law, the commission shall provide medical assistance for
  pregnant women to an individual who is pregnant and is lawfully
  present in the United States, or lawfully residing in the United
  States as defined by the Centers for Medicare and Medicaid
  Services, including a battered alien under 8 U.S.C. Section
  1641(c), regardless of the date the individual entered the United
  States.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.