79R1710 KLA-D

By:  Naishtat                                                     H.B. No. 711


A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain financial assistance recipients for medical assistance. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 31.0032(c), Human Resources Code, is amended to read as follows: (c) The [To the extent allowed by federal law, the] Health and Human Services Commission or any health and human services agency, as defined by Section 531.001, Government Code, may not deny medical assistance for a person who is eligible for financial assistance solely because the financial [but to whom that] assistance is not paid to the person as a result of [because of] the person's failure to cooperate. [Medical assistance to the person's family may not be denied for the person's failure to cooperate. Medical assistance may not be denied to a person receiving assistance under this chapter who is under the age of 19, a pregnant adult, or any other person who may not be denied medical assistance under federal law.] SECTION 2. The change in law made by this Act applies to a person who is eligible to receive financial assistance under Chapter 31, Human Resources Code, on or after the effective date of this Act, regardless of the date on which that eligibility was determined. 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, 2005.