By: Zaffirini, et al. S.B. No. 43
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, including the documentation and
1-24 verification procedures used to evaluate the assets and resources
1-25 of the child, the child's parents, or the child's other caretaker
2-1 for that purpose, are the same as the documentation and
2-2 verification procedures used to determine and certify a child's
2-3 eligibility for coverage under Chapter 62, Health and Safety Code,
2-4 except that the documentation and verification procedures adopted
2-5 in accordance with this subsection may not be more stringent than
2-6 the documentation and verification procedures existing on January
2-7 1, 2001, for determination and certification of a child's
2-8 eligibility for coverage under Chapter 62, Health and Safety Code.
2-9 (e) The department shall permit a recertification review of
2-10 the eligibility and need for medical assistance of a child under 19
2-11 years of age to be conducted by telephone or mail instead of
2-12 through a personal appearance at a department office.
2-13 SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
2-14 is amended by adding Section 32.0261 to read as follows:
2-15 Sec. 32.0261. CONTINUOUS ELIGIBILITY. (a) The department
2-16 shall adopt rules in accordance with 42 U.S.C. Section
2-17 1396a(e)(12), as amended, to provide for a period of continuous
2-18 eligibility for a child under five years of age who is determined
2-19 to be eligible for medical assistance under this chapter. The
2-20 rules shall provide that the child remains eligible for medical
2-21 assistance, without additional review by the department and
2-22 regardless of changes in the child's resources or income, until the
2-23 earlier of:
2-24 (1) the first anniversary of the date on which the
2-25 child's eligibility was determined; or
2-26 (2) the child's fifth birthday.
3-1 (b) To the extent funds are available for that purpose, the
3-2 department by rule may provide for an expansion of the continuous
3-3 eligibility provisions of Subsection (a) to apply to older children
3-4 who are determined to be eligible for medical assistance under this
3-5 chapter. In adopting rules under this subsection, the department
3-6 shall specify the age groups to which the expansion applies and
3-7 ensure that the children are under 19 years of age.
3-8 SECTION 4. If before implementing any provision of this Act
3-9 a state agency determines that a waiver or authorization from a
3-10 federal agency is necessary for implementation, the state agency
3-11 shall request the waiver or authorization and may delay
3-12 implementing that provision until the waiver or authorization is
3-13 granted.
3-14 SECTION 5. (a) This Act takes effect January 1, 2002.
3-15 (b) The Health and Human Services Commission or the
3-16 appropriate state agency operating part of the medical assistance
3-17 program under Chapter 32, Human Resources Code, shall adopt rules
3-18 required by Subsection (a), Section 32.0261, Human Resources Code,
3-19 as added by this Act, not later than February 1, 2002. The rules
3-20 must provide for a period of continuous eligibility in accordance
3-21 with that section for a child whose initial or continued
3-22 eligibility is determined on or after the effective date of the
3-23 rules.