By Gray                                                H.B. No. 828
         77R499 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to application and eligibility for Medicaid.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 32.025, Human Resources Code, is amended
 1-5     by adding Subsections (d) and (e) to read as follows:
 1-6           (d)  To the extent allowed by federal law and except as
 1-7     otherwise provided by this section, the department shall adopt
 1-8     application forms and procedures for a request for medical
 1-9     assistance provided to a person younger than 19 years of age that
1-10     are similar to the application forms and procedures adopted under
1-11     Section 62.103, Health and Safety Code.
1-12           (e)  The department shall permit an application requesting
1-13     medical assistance for a person younger than 19 years of age to be
1-14     made by mail instead of through a personal appearance at a
1-15     department office.
1-16           SECTION 2. Section 32.026, Human Resources Code, is amended
1-17     by adding Subsections (d) and (e) to read as follows:
1-18           (d)  In adopting rules under this section, the department
1-19     shall ensure, to the extent allowed by federal law, that
1-20     documentation and verification procedures used in determining and
1-21     certifying the eligibility and need for medical assistance of a
1-22     person younger than 19 years of age are similar to the
1-23     documentation and verification procedures used to determine a
1-24     child's eligibility for coverage under Chapter 62, Health and
 2-1     Safety Code.
 2-2           (e)  The department shall permit a recertification review of
 2-3     the eligibility and need for medical assistance of a person younger
 2-4     than 19 years of age to be conducted by telephone or mail instead
 2-5     of through a personal appearance at a department office.
 2-6           SECTION 3. Subchapter B, Chapter 32, Human Resources Code, is
 2-7     amended by adding Section 32.02415 to read as follows:
 2-8           Sec. 32.02415.  EXCLUSION OF ASSETS AND RESOURCES. To the
 2-9     extent allowed by federal law, the department may not consider the
2-10     assets and resources of a person younger than 19 years of age or
2-11     the assets and resources of the person's parents or other caretaker
2-12     for purposes of determining the person's eligibility for medical
2-13     assistance.
2-14           SECTION 4. If before implementing any provision of this Act a
2-15     state agency determines that a waiver or authorization from a
2-16     federal agency is necessary for implementation, the state agency
2-17     shall request the waiver or authorization and may delay
2-18     implementing that provision until the waiver or authorization is
2-19     granted.
2-20           SECTION 5. This Act takes effect September 1, 2001.