77R14792 CLG-D
By Zaffirini, et al. S.B. No. 43
Substitute the following for S.B. No. 43:
By Gray C.S.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
2-1 of the child, the child's parents, or the child's other caretaker
2-2 for that purpose, are the same as the documentation and
2-3 verification procedures used to determine and certify a child's
2-4 eligibility for coverage under Chapter 62, Health and Safety Code,
2-5 except that the documentation and verification procedures adopted
2-6 in accordance with this subsection may not be more stringent than
2-7 the documentation and verification procedures existing on January
2-8 1, 2001, for determination and certification of a child's
2-9 eligibility for coverage under Chapter 62, Health and Safety Code.
2-10 (e) The department shall permit a recertification review of
2-11 the eligibility and need for medical assistance of a child under 19
2-12 years of age to be conducted by telephone or mail instead of
2-13 through a personal appearance at a department office.
2-14 SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
2-15 is amended by adding Section 32.0261 to read as follows:
2-16 Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall
2-17 adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as
2-18 amended, to provide for a period of continuous eligibility for a
2-19 child under 19 years of age who is determined to be eligible for
2-20 medical assistance under this chapter. The rules shall provide
2-21 that the child remains eligible for medical assistance, without
2-22 additional review by the department and regardless of changes in
2-23 the child's resources or income, until the 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 19th birthday.
2-27 SECTION 4. If before implementing any provision of this Act
3-1 a 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 5. (a) This Act takes effect January 1, 2002.
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 February 1, 2002. 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.