1-1 AN ACT 1-2 relating to the establishment of a medical assistance buy-in pilot 1-3 program for certain persons with disabilities. 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 32.053 to read as follows: 1-7 Sec. 32.053. MEDICAL ASSISTANCE BUY-IN PILOT PROGRAM FOR 1-8 CERTAIN RECIPIENTS WITH DISABILITIES. (a) The department shall 1-9 develop and implement a medical assistance buy-in pilot program in 1-10 accordance with the Ticket to Work and Work Incentives Improvement 1-11 Act of 1999 (Pub. L. No. 106-170) to provide medical assistance to: 1-12 (1) a person who: 1-13 (A) is at least 16 years of age, but is not more 1-14 than 64 years of age; 1-15 (B) but for earnings that exceed the limit 1-16 established by federal law for Supplemental Security Income (SSI) 1-17 (42 U.S.C. Section 1381 et seq.), would be considered to be 1-18 receiving Supplemental Security Income; and 1-19 (C) has income, assets, and resources that do 1-20 not exceed the limits established by the department under 1-21 Subsection (c), if any; and 1-22 (2) an employed individual with a medically improved 1-23 disability, as defined by 42 U.S.C. Section 1396d(v)(1) whose 1-24 income, assets, and resources do not exceed the limits established 1-25 by the department under Subsection (c), if any. 2-1 (b) The department shall operate the pilot program in three 2-2 specific geographic areas of the state, each of which is located in 2-3 a local workforce development area for which the local workforce 2-4 development board has received a federal work incentive grant under 2-5 the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et 2-6 seq.), as amended, to provide employment services and supports to 2-7 persons with disabilities. The department shall determine the 2-8 pilot sites, with one site in an urban area, one site in a rural 2-9 area, and one site in the Texas-Mexico border region. 2-10 (c) In establishing the pilot program, the department may: 2-11 (1) establish income, assets, and resource limitations 2-12 for eligibility for the medical assistance buy-in pilot program; 2-13 and 2-14 (2) require a person who participates in the medical 2-15 assistance buy-in pilot program to pay premiums and other 2-16 cost-sharing charges in accordance with 42 U.S.C. Section 2-17 1396o(g)(1). 2-18 (d) In establishing the program, the department shall 2-19 require a person who participates in the medical assistance buy-in 2-20 pilot program to pay premiums to the extent required by 42 U.S.C. 2-21 Section 1396o(g)(2). 2-22 (e) Not later than December 1, 2002, the department shall 2-23 evaluate the effectiveness of the demonstration project in 2-24 providing health care services to employed persons with 2-25 disabilities. If the results of the evaluation indicate that the 2-26 project is effective, the department shall incorporate a request 3-1 for funding for the continuation or expansion of the program in the 3-2 department's budget request for the next state fiscal biennium. 3-3 (f) This section expires September 1, 2003. 3-4 SECTION 2. (a) The Health and Human Services Commission 3-5 shall request and actively pursue the award of a federal grant 3-6 authorized by the Ticket to Work and Work Incentives Improvement 3-7 Act of 1999 (Pub. L. No. 106-170), as amended, to support the 3-8 design, establishment, and operation of infrastructures in this 3-9 state that provide support services for employed persons with 3-10 disabilities. 3-11 (b) The Health and Human Services Commission shall comply 3-12 with any prerequisite imposed under the federal law to receiving 3-13 the grant. 3-14 SECTION 3. The state agency responsible for implementing the 3-15 demonstration project required by Section 32.053, Human Resources 3-16 Code, as added by this Act, shall request and actively pursue any 3-17 necessary waivers or authorizations from the Health Care Financing 3-18 Administration of the United States Department of Health and Human 3-19 Services or other appropriate entities to enable the agency to 3-20 implement the demonstration project not later than January 1, 2002. 3-21 The agency may delay implementing the demonstration project until 3-22 the necessary waivers or authorizations are granted. 3-23 SECTION 4. This Act takes effect September 1, 2001. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 831 passed the Senate on March 22, 2001, by the following vote: Yeas 30, Nays 0, one present, not voting; and that the Senate concurred in House amendment on April 23, 2001, by a viva-voce vote. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 831 passed the House, with amendment, on April 19, 2001, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor