1-1     By:  Zaffirini, et al.                                  S.B. No. 43
 1-2           (In the Senate - Filed November 13, 2000; January 10, 2001,
 1-3     read first time and referred to Committee on Health and Human
 1-4     Services; April 10, 2001, reported adversely, with favorable
 1-5     Committee Substitute by the following vote:  Yeas 7, Nays 0;
 1-6     April 10, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 43                   By:  Bernsen
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to simplifying the certification process for medical
1-11     assistance provided to children.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 32.025, Human Resources Code, is amended
1-14     by adding Subsections (d) and (e) to read as follows:
1-15           (d)  To the extent allowed by federal law and except as
1-16     otherwise provided by this section, the department shall adopt
1-17     application forms and procedures for a request for medical
1-18     assistance provided to a child under 19 years of age that are
1-19     similar to the application forms and procedures adopted under
1-20     Section 62.103, Health and Safety Code.
1-21           (e)  The department shall permit an application requesting
1-22     medical assistance for a child under 19 years of age to be
1-23     conducted by mail instead of through a personal appearance at a
1-24     department office.
1-25           SECTION 2.  Section 32.026, Human Resources Code, is amended
1-26     by adding Subsections (d) and (e) to read as follows:
1-27           (d)  In adopting rules under this section, the department
1-28     shall ensure, to the extent allowed by federal law, that
1-29     documentation and verification procedures used in determining and
1-30     certifying the eligibility and need for medical assistance of a
1-31     child under 19 years of age, including the documentation and
1-32     verification procedures used to evaluate the assets  and resources
1-33     of the child, the child's parents, or the child's other caretaker
1-34     for that purpose, are the same as the documentation and
1-35     verification procedures used to determine and certify a child's
1-36     eligibility for coverage under Chapter 62, Health and Safety Code,
1-37     except that the documentation and verification procedures adopted
1-38     in accordance with this subsection may not be more stringent than
1-39     the documentation and verification procedures existing on January
1-40     1, 2001, for determination and certification of a child's
1-41     eligibility for coverage under Chapter 62, Health and Safety Code.
1-42           (e)  The department shall permit a recertification review of
1-43     the eligibility and need for medical assistance of a child under 19
1-44     years of age to be conducted by telephone or mail instead of
1-45     through a personal appearance at a department  office.
1-46           SECTION 3.  Subchapter B, Chapter 32, Human Resources Code,
1-47     is amended by adding Section 32.0261 to read as follows:
1-48           Sec. 32.0261.  CONTINUOUS ELIGIBILITY.  (a)  The department
1-49     shall adopt rules in accordance with 42 U.S.C. Section
1-50     1396a(e)(12), as amended, to provide for a period of continuous
1-51     eligibility for a child under five years of age who is determined
1-52     to be eligible for medical assistance under this chapter.  The
1-53     rules shall provide that the child remains eligible for medical
1-54     assistance, without additional review by the department and
1-55     regardless of changes in the child's resources or income, until the
1-56     earlier of:
1-57                 (1)  the first anniversary of the date on which the
1-58     child's eligibility was determined; or
1-59                 (2)  the child's fifth birthday.
1-60           (b)  To the extent funds are available for that purpose, the
1-61     department by rule may provide for an expansion of the continuous
1-62     eligibility provisions of Subsection (a) to apply to older children
1-63     who are determined to be eligible for medical assistance under this
1-64     chapter.  In adopting rules under this subsection, the department
 2-1     shall specify the age groups to which the expansion applies and
 2-2     ensure that the children are under 19 years of age.
 2-3           SECTION 4.  If before implementing any provision of this Act
 2-4     a state agency determines that a waiver or authorization from a
 2-5     federal agency is necessary for implementation, the state agency
 2-6     shall request the waiver or authorization and may delay
 2-7     implementing that provision until the waiver or authorization is
 2-8     granted.
 2-9           SECTION 5.  (a)  This Act takes effect January 1, 2002.
2-10           (b)  The Health and Human Services Commission or the
2-11     appropriate state agency operating part of the medical assistance
2-12     program under Chapter 32, Human Resources Code, shall adopt rules
2-13     required by Subsection (a), Section 32.0261, Human Resources Code,
2-14     as added by this Act, not later than February 1, 2002.  The rules
2-15     must provide for a period of continuous eligibility in accordance
2-16     with that section for a child whose initial or continued
2-17     eligibility is determined on or after the effective date of the
2-18     rules.
2-19                                  * * * * *