1-1 AN ACT 1-2 relating to the provision of Medicaid to certain persons making the 1-3 transition from foster care to independent living. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, 1-6 is amended by adding Section 32.0247 to read as follows: 1-7 Sec. 32.0247. MEDICAL ASSISTANCE FOR CERTAIN PERSONS MAKING 1-8 TRANSITION FROM FOSTER CARE TO INDEPENDENT LIVING. (a) In this 1-9 section, "independent foster care adolescent" has the meaning 1-10 assigned by 42 U.S.C. Section 1396d(w)(1), as amended. 1-11 (b) The department shall provide medical assistance, in 1-12 accordance with department rules, to an independent foster care 1-13 adolescent who: 1-14 (1) is not otherwise eligible for medical assistance; 1-15 and 1-16 (2) is not covered by a health benefits plan offering 1-17 adequate benefits, as determined by the Health and Human Services 1-18 Commission. 1-19 (c) The department shall by rule establish a specific set of 1-20 income, assets, or resources allowable for recipients under this 1-21 section. The income level shall not be less than 200 percent or 1-22 more than 400 percent of the federal poverty level. Allowable 1-23 asset or resource levels shall not be less than: 1-24 (1) the levels allowed for individuals who are in 1-25 foster care; and 2-1 (2) the levels allowed for a person under 19 years of 2-2 age who is eligible for the medical assistance program. 2-3 (d) In setting allowable income, asset, or resource levels, 2-4 the department shall exclude: 2-5 (1) any financial benefit used for the purpose of 2-6 educational or vocational training, such as scholarships, student 2-7 loans, or grants; 2-8 (2) any financial benefit used for the purpose of 2-9 housing; and 2-10 (3) any grants or subsidies obtained as a result of 2-11 the Foster Care Independence Act of 1999 (Pub. L. No. 106-169). 2-12 (e) The Department of Protective and Regulatory Services 2-13 shall certify the income, assets, or resources of each individual 2-14 on the date the individual exits substitute care. An individual 2-15 qualifying for medical assistance as established by this section 2-16 shall remain eligible for 12 calendar months after certification 2-17 and after each recertification. 2-18 (f) The recertification process for individuals who are 2-19 eligible for medical assistance under this section shall include 2-20 the option of recertifying by mail or phone. 2-21 SECTION 2. As soon as possible after the effective date of 2-22 this Act, the Health and Human Services Commission shall submit an 2-23 amendment to the state's Medicaid plan to include the provision of 2-24 medical assistance to independent foster care adolescents as 2-25 required by Section 32.0247, Human Resources Code, as added by this 2-26 Act. 3-1 SECTION 3. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 51 passed the Senate on April 20, 2001, by a viva-voce vote; and that the Senate concurred in House amendments on May 25, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 51 passed the House, with amendments, on May 23, 2001, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor