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.