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A BILL TO BE ENTITLED
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AN ACT
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relating to the Medicaid eligibility of certain women during and |
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following a pregnancy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.024(l-1), Human Resources Code, is |
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amended to read as follows: |
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(l-1) The commission shall continue to provide medical |
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assistance to a woman who is eligible for medical assistance for |
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pregnant women for a period of not less than 12 [six] months |
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following the last month of the woman's pregnancy. The commission |
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shall actively seek, apply for, accept, and spend any federal money |
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that is available to implement this subsection, including any |
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additional money received as a result of an increase in the federal |
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medical assistance percentage (FMAP) [date the woman delivers or |
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experiences an involuntary miscarriage]. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02472 to read as follows: |
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Sec. 32.02472. ELIGIBILITY OF CERTAIN PREGNANT WOMEN |
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LAWFULLY PRESENT IN THE UNITED STATES. To the extent allowed by |
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federal law, the commission shall provide medical assistance for |
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pregnant women to an individual who is pregnant and is lawfully |
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present in the United States, or lawfully residing in the United |
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States as defined by the Centers for Medicare and Medicaid |
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Services, including a battered alien under 8 U.S.C. Section |
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1641(c), regardless of the date the individual entered the United |
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States. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2023. |