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.