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.