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