By Coleman                                            H.B. No. 1604
         77R1451 CLG-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to simplifying the certification process for medical
 1-3     assistance provided to children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 32.025, Human Resources Code, is amended
 1-6     by adding Subsections (d) and (e) to read as follows:
 1-7           (d)  To the extent allowed by federal law and except as
 1-8     otherwise provided by this section, the department shall adopt
 1-9     application forms and procedures for a request for medical
1-10     assistance provided to a child under 19 years of age that are
1-11     similar to the application forms and procedures adopted under
1-12     Section 62.103, Health and Safety Code.
1-13           (e)  The department shall permit an application requesting
1-14     medical assistance for a child under 19 years of age to be
1-15     conducted by mail instead of through a personal appearance at a
1-16     department office.
1-17           SECTION 2. Section 32.026, Human Resources Code, is amended
1-18     by adding Subsections (d) and (e) to read as follows:
1-19           (d)  In adopting rules under this section, the department
1-20     shall ensure, to the extent allowed by federal law, that
1-21     documentation and verification procedures used in determining and
1-22     certifying the eligibility and need for medical assistance of a
1-23     child under 19 years of age are similar to the documentation and
1-24     verification procedures used to determine a child's eligibility for
 2-1     coverage under Chapter 62, Health and Safety Code.
 2-2           (e)  The department shall permit a recertification review of
 2-3     the eligibility and need for medical assistance of a child under 19
 2-4     years of age to be conducted by telephone or mail instead of
 2-5     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 32.0261 to read as follows:
 2-8           Sec. 32.0261.  CONTINUOUS ELIGIBILITY. The department shall
 2-9     adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as
2-10     amended, to provide for a period of continuous eligibility for a
2-11     child under 19 years of age who is determined to be eligible for
2-12     medical assistance under this chapter.  The rules shall provide
2-13     that the child remains eligible for medical assistance, without
2-14     additional review by the department and regardless of changes in
2-15     the child's resources or income, until the earlier of:
2-16                 (1)  the first anniversary of the date on which the
2-17     child's eligibility was determined; or
2-18                 (2)  the child's 19th birthday.
2-19           SECTION 4. Subchapter B, Chapter 32, Human Resources Code, is
2-20     amended by adding Section 32.02415 to read as follows:
2-21           Sec. 32.02415.  EXCLUSION OF ASSETS AND RESOURCES. To the
2-22     extent allowed by federal law, the department may not consider the
2-23     assets and resources of a child under 19 years of age or the assets
2-24     and resources of the child's parents or other caretaker for
2-25     purposes of determining the child's eligibility for medical
2-26     assistance.
2-27           SECTION 5. If before implementing any provision of this Act a
 3-1     state agency determines that a waiver or authorization from a
 3-2     federal agency is necessary for implementation, the state agency
 3-3     shall request the waiver or authorization and may delay
 3-4     implementing that provision until the waiver or authorization is
 3-5     granted.
 3-6           SECTION 6. (a)  This Act takes effect September 1, 2001.
 3-7           (b)  The Health and Human Services Commission or the
 3-8     appropriate state agency operating part of the medical assistance
 3-9     program under Chapter 32, Human Resources Code, shall adopt rules
3-10     required by Section 32.0261, Human Resources Code, as added by this
3-11     Act, not later than October 1, 2001.  The rules must provide for a
3-12     period of continuous eligibility in accordance with that section
3-13     for a child whose initial or continued eligibility is determined on
3-14     or after the effective date of the rules.