By Longoria H.B. No. 406
74R2779 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to extending transitional Medicaid benefits to former
1-3 recipients of AFDC benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-6 is amended by adding Section 32.0255 to read as follows:
1-7 Sec. 32.0255. TRANSITIONAL MEDICAID. (a) Medical
1-8 assistance under the state Medicaid program shall be provided in
1-9 accordance with federal law and state rules governing the program
1-10 to a person who was receiving financial assistance under Chapter 31
1-11 but is no longer eligible to receive the financial assistance
1-12 because the person's household income exceeds the department's 100
1-13 percent needs standard in an amount that totally disqualifies the
1-14 person for financial assistance.
1-15 (b) Except as provided by Subsection (c), the medical
1-16 assistance may be provided to a person described by Subsection (a)
1-17 only until the first anniversary of the date the person's household
1-18 income exceeds the department's 100 percent needs standard in an
1-19 amount that totally disqualifies the person for financial
1-20 assistance.
1-21 (c) If the person is employed, medical assistance may
1-22 continue to be provided after the date prescribed by Subsection
1-23 (b), but only until the earliest of:
1-24 (1) the third anniversary of the date the person's
2-1 household income exceeds the department's 100 percent needs
2-2 standard in an amount that totally disqualifies the person for
2-3 financial assistance;
2-4 (2) the date the person receives health insurance
2-5 benefits for the person and the person's dependents as a part of
2-6 the person's employment benefits; or
2-7 (3) the date the person is no longer employed.
2-8 SECTION 2. If before implementing Section 32.0255, Human
2-9 Resources Code, as added by this Act, the state Medicaid office
2-10 determines that a waiver or authorization from a federal agency is
2-11 necessary for implementation, the office shall request the waiver
2-12 or authorization and may delay implementing that section until the
2-13 waiver or authorization is granted.
2-14 SECTION 3. This Act takes effect September 1, 1995.
2-15 SECTION 4. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.