By Capelo                                             H.B. No. 2651
         77R5861 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 62.103(b), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (b)  The form and procedures must be coordinated with forms
 1-8     and procedures under the Medicaid program and those used by the
 1-9     Texas Healthy Kids Corporation to ensure that[, to the extent
1-10     possible,] there is a single consolidated application to seek
1-11     assistance under this chapter or the Medicaid program or from the
1-12     corporation.
1-13           SECTION 2. Section 32.025, Human Resources Code, is amended
1-14     by adding Subsections (d), (e), and (f) to read as follows:
1-15           (d)  To the extent allowed by federal law and except as
1-16     otherwise provided by this section, the department shall adopt
1-17     application forms and procedures for a request for medical
1-18     assistance provided to a child under 19 years of age.  The
1-19     application procedures must be similar to procedures adopted under
1-20     Section 62.103, Health and Safety Code.
1-21           (e)  The department shall coordinate the form and procedures
1-22     adopted under Subsection (d) with the form and procedures adopted
1-23     under Section 62.103, Health and Safety Code, to ensure that there
1-24     is a single consolidated application for a child under 19 years of
 2-1     age to seek medical assistance or to request coverage under the
 2-2     state child health plan under Chapter 62, Health and Safety Code.
 2-3           (f)  The department shall permit an application requesting
 2-4     medical assistance for a child under 19 years of age to be
 2-5     conducted by mail instead of through a personal appearance at a
 2-6     department office.
 2-7           SECTION 3. Section 32.026, Human Resources Code, is amended
 2-8     by adding Subsections (d) and (e) to read as follows:
 2-9           (d)  In adopting rules under this section, the department
2-10     shall ensure, to the extent allowed by federal law, that
2-11     documentation and verification procedures used in determining and
2-12     certifying the eligibility and need for medical assistance of a
2-13     child under 19 years of age are similar to the documentation and
2-14     verification procedures used to determine a child's eligibility for
2-15     coverage under Chapter 62, Health and Safety Code.
2-16           (e)  The department shall permit a recertification review of
2-17     the eligibility and need for medical assistance of a child under 19
2-18     years of age to be conducted by telephone or mail instead of
2-19     through a personal appearance at a department office.
2-20           SECTION 4. Subchapter B, Chapter 32, Human Resources Code, is
2-21     amended by adding Section 32.0261 to read as follows:
2-22           Sec. 32.0261.  CONTINUOUS ELIGIBILITY. The department shall
2-23     adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as
2-24     amended, to provide for a period of continuous eligibility for a
2-25     child under 19 years of age who is determined to be eligible for
2-26     medical assistance under this chapter.  The rules shall provide
2-27     that the child remains eligible for medical assistance, without
 3-1     additional review by the department and regardless of changes in
 3-2     the child's resources or income, until the earlier of:
 3-3                 (1)  the first anniversary of the date on which the
 3-4     child's eligibility was determined; or
 3-5                 (2)  the child's 19th birthday.
 3-6           SECTION 5. Subchapter B, Chapter 32, Human Resources Code, is
 3-7     amended by adding Section 32.02415 to read as follows:
 3-8           Sec. 32.02415.  EXCLUSION OF ASSETS AND RESOURCES. To the
 3-9     extent allowed by federal law, the department may not consider the
3-10     assets and resources of a child under 19 years of age or the assets
3-11     and resources of the child's parents or other caretaker for
3-12     purposes of determining the child's eligibility for medical
3-13     assistance.
3-14           SECTION 6. If before implementing any provision of this Act a
3-15     state agency determines that a waiver or authorization from a
3-16     federal agency is necessary for implementation, the state agency
3-17     shall request the waiver or authorization and may delay
3-18     implementing that provision until the waiver or authorization is
3-19     granted.
3-20           SECTION 7. (a)  This Act takes effect September 1, 2001.
3-21           (b)  The Health and Human Services Commission or the
3-22     appropriate state agency operating part of the medical assistance
3-23     program under Chapter 32, Human Resources Code, shall adopt rules
3-24     required by Section 32.0261, Human Resources Code, as added by this
3-25     Act, not later than October 1, 2001.  The rules must provide for a
3-26     period of continuous eligibility in accordance with that section
3-27     for a child whose initial or continued eligibility is determined on
 4-1     or after the effective date of the rules.