By:  Wohlgemuth                                                   H.B. No. 3342



A BILL TO BE ENTITLED

AN ACT

relating to the continuous eligibility of certain children for 
medical assistance benefits.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.026(e), Human Resources Code, is 
amended 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 a person-to-person telephone 
interview or through a combination of a telephone interview and
mail correspondence instead of through a personal appearance at a 
department office.
	SECTION 2.  Section 32.0261, Human Resources Code, is 
amended to read as follows:
	Sec. 32.0261.  CONTINUOUS ELIGIBILITY ON INITIAL 
DETERMINATION.  (a) The department shall adopt rules in accordance 
with 42 U.S.C. Section 1396a(e)(12), as amended, to provide for a 
period of continuous eligibility for a child under 19 years of age 
who is initially determined to be eligible for medical assistance 
under this chapter.  The rules shall provide that the child remains 
eligible for medical assistance, without additional review by the 
department and regardless of changes in the child's resources or 
income, until the earlier of:
		(1)  the 90th day after [the first anniversary of] the 
date on which the child's eligibility was initially determined; or
		(2)  the child's 19th birthday.                                               
	(b)  After an initial 90-day period of continuous 
eligibility under this section, a child's eligibility and need for 
medical assistance must be recertified by the department on a 
monthly basis in accordance with department rules.
	SECTION 3.  The following laws are repealed:                                   
		(1)  Section 32.025(e), Human Resources Code; and                             
		(2)  Sections 8, 10(b), and 10(c), Chapter 584, Acts of 
the 77th Legislature, Regular Session, 2001.
	SECTION 4.  If rules are adopted under Section 10(c), 
Chapter 584, Acts of the 77th Legislature, Regular Session, 2001, 
before the effective date of this Act:
		(1)  the rules are repealed on the effective date of 
this Act; and          
		(2)  as soon as possible after the effective date of 
this Act, the Health and Human Services Commission or the 
appropriate 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 amended by this Act, 
that provide for a 90-day period of continuous eligibility on 
initial determination of eligibility in accordance with that 
section for a child.
	SECTION 5.  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 6.  (a)  This Act takes effect immediately if it 
receives a vote of two-thirds of all the members elected to each 
house, as provided by Section 39, Article III, Texas Constitution.  
If this Act does not receive the vote necessary for immediate 
effect, this Act takes effect September 1, 2003.
	(b)  This Act applies to a determination of initial or 
continued eligibility for medical assistance made on or after the 
effective date of this Act.  A determination made before the 
effective date of this Act is governed by the law in effect on that 
date, and that law is continued in effect for that purpose.