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.