By Zaffirini S.B. No. 43
77R1451 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 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 are similar to the documentation and
1-24 verification procedures used to determine a child's eligibility for
2-1 coverage under Chapter 62, Health and Safety Code.
2-2 (e) The department shall permit a recertification review of
2-3 the eligibility and need for medical assistance of a child under 19
2-4 years of age to be conducted by telephone or mail instead of
2-5 through a personal appearance at a department office.
2-6 SECTION 3. Subchapter B, Chapter 32, Human Resources Code, is
2-7 amended by adding Section 32.0261 to read as follows:
2-8 Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall
2-9 adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as
2-10 amended, to provide for a period of continuous eligibility for a
2-11 child under 19 years of age who is determined to be eligible for
2-12 medical assistance under this chapter. The rules shall provide
2-13 that the child remains eligible for medical assistance, without
2-14 additional review by the department and regardless of changes in
2-15 the child's resources or income, until the earlier of:
2-16 (1) the first anniversary of the date on which the
2-17 child's eligibility was determined; or
2-18 (2) the child's 19th birthday.
2-19 SECTION 4. Subchapter B, Chapter 32, Human Resources Code, is
2-20 amended by adding Section 32.02415 to read as follows:
2-21 Sec. 32.02415. EXCLUSION OF ASSETS AND RESOURCES. To the
2-22 extent allowed by federal law, the department may not consider the
2-23 assets and resources of a child under 19 years of age or the assets
2-24 and resources of the child's parents or other caretaker for
2-25 purposes of determining the child's eligibility for medical
2-26 assistance.
2-27 SECTION 5. If before implementing any provision of this Act a
3-1 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 6. (a) This Act takes effect September 1, 2001.
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 October 1, 2001. 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.