By Moncrief, et al. S.B. No. 374 77R502 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to continuous eligibility of children for medical 1-3 assistance. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is 1-6 amended by adding Section 32.0261 to read as follows: 1-7 Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall 1-8 adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as 1-9 amended, to provide for a period of continuous eligibility for a 1-10 child under 19 years of age who is determined to be eligible for 1-11 medical assistance under this chapter. The rules shall provide 1-12 that the child remains eligible for medical assistance, without 1-13 additional review by the department and regardless of changes in 1-14 the child's resources or income, until the earlier of: 1-15 (1) the first anniversary of the date on which the 1-16 child's eligibility was determined; or 1-17 (2) the child's 19th birthday. 1-18 SECTION 2. If, before implementing any provision of this Act, 1-19 the Health and Human Services Commission or another appropriate 1-20 state agency determines that a waiver or authorization from a 1-21 federal agency is necessary for implementation of that provision, 1-22 the commission or agency affected by the provision shall request 1-23 the waiver or authorization and may delay implementing that 1-24 provision until the waiver or authorization is granted. 2-1 SECTION 3. (a) This Act takes effect September 1, 2001. 2-2 (b) The Health and Human Services Commission or the 2-3 appropriate state agency operating part of the medical assistance 2-4 program under Chapter 32, Human Resources Code, shall adopt rules 2-5 required by Section 32.0261, Human Resources Code, as added by this 2-6 Act, not later than October 1, 2001. The rules must provide for a 2-7 period of continuous eligibility in accordance with that section 2-8 for a child whose initial or continued eligibility is determined on 2-9 or after the effective date of the rules.