77R11509 E
By Oliveira, Naishtat H.B. No. 1422
Substitute the following for H.B. No. 1422:
By Coleman C.S.H.B. No. 1422
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of medical assistance to certain legal
1-3 immigrants.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
1-6 amended by adding Section 32.0247 to read as follows:
1-7 Sec. 32.0247. ELIGIBILITY OF CERTAIN ALIENS. (a) The
1-8 department shall provide medical assistance in accordance with 8
1-9 U.S.C. Section 1612(b), as amended, to a person who:
1-10 (1) is a qualified alien, as defined by 8 U.S.C.
1-11 Sections 1641(b) and (c), as amended;
1-12 (2) meets the eligibility requirements of the medical
1-13 assistance program;
1-14 (3) entered the United States on or after August 22,
1-15 1996; and
1-16 (4) has resided in the United States for a period of
1-17 five years after the date the person entered as a qualified alien.
1-18 (b) If authorized by federal law, the department shall
1-19 provide pregnancy-related medical assistance to the maximum extent
1-20 permitted by the federal law to a person who is pregnant and is a
1-21 lawfully present alien as defined by 8 C.F.R. Section 103.12, as
1-22 amended, including a battered alien under 8 U.S.C. Section 1641(c),
1-23 as amended, regardless of the date on which the person entered the
1-24 United States. The department shall comply with any prerequisite
2-1 imposed under the federal law for providing medical assistance
2-2 under this subsection.
2-3 SECTION 2. The Health and Human Services Commission or an
2-4 agency operating part of the medical assistance program under
2-5 Chapter 32, Human Resources Code, is not required to implement this
2-6 Act unless a specific appropriation for the implementation is
2-7 provided in the General Appropriations Act, Acts of the 77th
2-8 Legislature, Regular Session, 2001.
2-9 SECTION 3. If before implementing any provision of this Act a
2-10 state agency determines that a waiver or authorization from a
2-11 federal agency is necessary for implementation of that provision,
2-12 the agency affected by the provision shall request the waiver or
2-13 authorization and may delay implementing that provision until the
2-14 waiver or authorization is granted.
2-15 SECTION 4. This Act takes effect September 1, 2001.