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78R6892 KEG-D

By:  Coleman                                                      H.B. No. 1868



A BILL TO BE ENTITLED

AN ACT

relating to the provision of medical assistance to certain legal 
immigrants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 32, Human Resources Code, 
is amended by adding Section 32.0248 to read as follows:
	Sec. 32.0248.  ELIGIBILITY OF CERTAIN ALIENS. (a)  The 
department shall provide medical assistance in accordance with 8 
U.S.C. Section 1612(b), as amended, to a person who:
		(1)  is a qualified alien, as defined by 8 U.S.C. 
Sections 1641(b) and (c), as amended;
		(2)  meets the eligibility requirements of the medical 
assistance program;
		(3)  entered the United States on or after August 22, 
1996; and      
		(4)  has resided in the United States for a period of 
five years after the date the person entered as a qualified alien.
	(b)  If authorized by federal law, the department shall 
provide pregnancy-related medical assistance to the maximum extent 
permitted by the federal law to a person who is pregnant and is a 
lawfully present alien as defined by 8 C.F.R. Section 103.12, as 
amended, including a battered alien as defined by 8 U.S.C. Section 
1641(c), as amended, regardless of the date on which the person 
entered the United States.  The department shall comply with any 
prerequisite imposed under the federal law for providing medical 
assistance under this subsection.
	SECTION 2.  The Health and Human Services Commission or an 
agency operating part of the medical assistance program under 
Chapter 32, Human Resources Code, is not required to implement this 
Act unless a specific appropriation for the implementation is 
provided in the General Appropriations Act, Acts of the 78th 
Legislature, Regular Session, 2003.
	SECTION 3.  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.
	SECTION 4.  This Act takes effect September 1, 2003.