SRC-CTC, BWC S.B. 43 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 43
77R1451 CLG-DBy: Zaffirini
Health & Human Services
2/12/2001
As Filed


DIGEST AND PURPOSE 

Currently, the application and eligibility process for children's Medicaid
requires an assets test and a faceto-face interview.  As proposed, S.B. 43
eliminates these requirements to streamline the process and provide for
continuous medical assistance eligibility when children are transitioning
from Medicaid to CHIP or to private insurers. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission or an agency operating part of the medical assistance program in
SECTION 3 (Section 32.0261), and in SECTION 6, of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.025, Human Resources Code, by adding
Subsections (d) and (e) to require the Health and Human Services Commission
(department) or an agency operating part of the medical assistance program
to adopt application forms and procedures for a request, which can be
conducted by mail instead of through a personal appearance at a department
office, for medical assistance provided to a child under 19 years of age
that are similar to the application forms and procedures adopted under
Section 62.103 (Application Form and Procedures), Health and Safety Code.
Require the department to permit an application requesting medical
assistance for a child under 19 years of age to be conducted by mail
instead of through a personal appearance at a department office.   

SECTION 2.  Amends Section 32.026, Human Resources Code, by adding
Subsections (d) and (e) to require the department to ensure that
documentation and verification procedures, used in determining and
certifying the eligibility and need for medical assistance of a child under
19 years of age, are similar to the documentation and verification
procedures used to determine a child's eligibility for coverage under
Chapter 62 (Child Health Plan for Certain Low-Income Children), Health and
Safety Code; and requires the department to permit a recertification review
of the eligibility and need for medical assistance of a child under 19
years of age to be conducted by telephone or mail instead of through a
personal appearance at a department office. 

SECTION 3.  Amends Chapter 32B, Human Resources Code, by adding Section
32.0261, as follows:  

Sec. 32.0261. CONTINUOUS ELIGIBILITY.  Requires the department to adopt
rules in accordance with 42. U.S.C. Section 1396a (e)(12), to provide for a
period for continuous eligibility for a child under 19 years of age and
requires the child to remain eligible for medical assistance, without
additional review by the department and regardless of changes in the
child's resources or income, until the earlier of: first anniversary of the
date on which the child's eligibility was determined, or the child's 19th
birthday. 

SECTION 4.  Amends Chapter 32B, Human Resources Code, by adding Section
32.02415, as follows: 

 Sec.  32.02415.  EXCLUSION OF ASSETS AND RESOURCES.  Prohibits the
department from considering the assets and resources of a child under 19
years of age, the child's parents or other caretakers of the child, for
purposes of determining the child's eligibility for medical assistance. 

SECTION 5.  Requires a state agency to request the waiver or authorization
and delay  implementing that provision until the waiver or authorization is
granted, if a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation. 

SECTION 6.  Effective date:  September 1, 2001.
          Requires the department or appropriate state agency operating
part of the medical               assistance program to adopt rules
required by Section 32.0261, Human Resources  
                       Code, as added by this Act, not later than October
1, 2001.