Amend SB 1862 by adding the following new SECTIONS,
appropriately numbered, and renumber subsequent SECTIONS
appropriately:
SECTION _____. Section 10(c), Chapter 584, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
(c) The Health and Human Services Commission or the
appropriate state agency operating part of the medical assistance
program under Chapter 32, Human Resources Code, shall adopt rules
required by Section 32.0261, Human Resources Code, as added by this
Act, so that the rules take effect in accordance with that section
not earlier than September 1, 2002, or later than June 1, 2005
[2003]. The rules must provide for a 12-month period of continuous
eligibility in accordance with that section for a child whose
initial or continued eligibility is determined on or after the
effective date of the rules.
SECTION _____. Section 32.025(e), Human Resources Code, is
amended to read as follows:
(e) The department shall permit an application requesting
medical assistance for a child under 19 years of age to be conducted
by mail instead of through a personal appearance at a department
office, unless the department determines that the information
needed to verify eligibility cannot be obtained in that manner. The
department by rule may develop procedures requiring an application
for a child described by this subsection to be conducted through a
personal interview with a department representative only if the
department determines that information needed to verify
eligibility cannot be obtained in any other manner.
SECTION _____. Section 32.026, Human Resources Code, is
amended by amending Subsection (e) and adding Subsection (g) to
read as follows:
(e) The department shall permit a recertification review of
the eligibility and need for medical assistance of a child under 19
years of age to be conducted by telephone or mail instead of through
a personal appearance at a department office, unless the department
determines that the information needed to verify eligibility cannot
be obtained in that manner. The department by rule may develop
procedures to determine whether there is a need for a
recertification review of a child described by this subsection to
be conducted through a personal interview with a department
representative. Procedures developed under this subsection shall
be based on objective, risk-based factors and conditions and shall
focus on a targeted group of recertification reviews for which
there is a high probability that eligibility will not be
recertified.
(g) Notwithstanding any other provision of this code, the
department may use information obtained from a third party to
verify the assets and resources of a person for purposes of
determining the person's eligibility and need for medical
assistance. Third-party information includes information obtained
from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Transportation's vehicle
registration record database.
SECTION _____. In the event of a conflict between a provision
of this Act and another Act passed by the 78th Legislature, Regular
Session, 2003, that becomes law, this Act prevails and controls
regardless of the relative dates of enactment.
SECTION _____. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.