SRC-JEC S.B. 374 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 374
77R502 KKA-DBy: Moncrief
Health & Human Services
3/6/2001
As Filed


DIGEST AND PURPOSE 

Currently, eligibility for the Children's Health Insurance Program (CHIP)
is subject to periodic review, which can be burdensome for families trying
to get health coverage for their children.  As proposed, S.B. 374 provides
continuous eligibility to guarantee coverage for 12 months from the date of
eligibility for children 19 and under, regardless of changes in family
income or other resources during that period. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission or an agency operating part of the medical assistance program,
as appropriate, in SECTION 1 (Section 32.0261, Human Resources Code) and
SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 32B, Human Resources Code, to add Section
32.0261, as follows: 

Sec. 32.0261.  CONTINUOUS ELIGIBILITY.  Requires the Health and Human
Services Commission or an agency operating part of the medical assistance
program, as appropriate, (department) to adopt rules in accordance with 42
U.S.C. Section 1396a(e)(12), as amended, to provide for a period of
continuous eligibility for a child under 19 years of age who is determined
to be eligible for medical assistance under this chapter.  Requires the
rules to provide that the child remains 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:  the first
anniversary of the date on which the child's eligibility was determined or
the child's 19th birthday. 

SECTION 2.  Requires the department, if before implementing any provision
of this Act it determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, to request the
waiver or authorization and authorizes the department to delay implementing
that provision until the waiver or authorization is granted. 

SECTION 3.   Effective date:  September 1, 2001.
Requires the department to adopt rules required by Section 32.0261, Human
Resources Code, as added by this Act, not later than October 1, 2001.
Requires the rules to provide for a period of continuous eligibility  in
accordance with that section for a child whose initial or continued
eligibility is determined on or after the effective date of the rules.