By:  Zaffirini                                                    S.B. No. 1522


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.  Subsection (c), Section 10, 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 2.  Subsection (e), Section 32.025, 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 
commissioner by rule may develop procedures that require an 
application requesting medical assistance to be conducted by a 
personal interview with a department representative when it is 
determined that the information needed to verify eligibility cannot 
be obtained in any other manner.
	SECTION 3.  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 commissioner by rule may develop 
procedures that require a recertification review to be conducted by 
a personal interview with a department representative when it is 
determined that the information needed to verify eligibility cannot 
be obtained in any other manner.
	(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 4.  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 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.  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.