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.