By Kitchen H.B. No. 2284
77R3427 CLG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to consideration of assets and resources for purposes of
1-3 determining eligibility of certain low-income Medicare
1-4 beneficiaries for Medicaid.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
1-7 amended by adding Section 32.02415 to read as follows:
1-8 Sec. 32.02415. EXCLUSION OF ASSETS AND RESOURCES FOR CERTAIN
1-9 LOW-INCOME MEDICARE BENEFICIARIES. For purposes of determining a
1-10 person's eligibility for medical assistance for Medicare
1-11 cost-sharing payments as allowed by federal law, the department may
1-12 not consider the assets and resources of a person who is:
1-13 (1) a qualified Medicare beneficiary, as defined by 42
1-14 U.S.C. Section 1396d(p)(1), as amended;
1-15 (2) a specified low-income Medicare beneficiary who is
1-16 eligible for that assistance under 42 U.S.C. Section
1-17 1396a(a)(10)(E)(iii), as amended;
1-18 (3) a qualified disabled and working individual, as
1-19 defined by 42 U.S.C. Section 1396d(s), as amended;
1-20 (4) a qualifying individual who is eligible for that
1-21 assistance under 42 U.S.C. Section 1396a(a)(10)(E)(iv)(I), as
1-22 amended; or
1-23 (5) a qualifying individual who is eligible for that
1-24 assistance under 42 U.S.C. Section 1396a(a)(10)(E)(iv)(II), as
2-1 amended.
2-2 SECTION 2. If before implementing any provision of this Act a
2-3 state agency determines that a waiver or authorization from a
2-4 federal agency is necessary for implementation, the state agency
2-5 shall request the waiver or authorization and may delay
2-6 implementing that provision until the waiver or authorization is
2-7 granted.
2-8 SECTION 3. This Act takes effect September 1, 2001.