79R3538 RMB-D

By:  Janek                                                        S.B. No. 1819



A BILL TO BE ENTITLED

AN ACT

relating to the period of continuous eligibility for the medical 
assistance and children's health insurance programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 62.102(b), Health and Safety Code, is 
amended to read as follows:
	(b)  The period of continuous eligibility may be established 
at an interval of 6 months beginning immediately upon passage of 
this Act and ending September 1, 2007 [2005], at which time an 
interval of 12 months of continuous eligibility will be 
re-established.
	SECTION 2.  Section 10(c), Chapter 584, Acts of the 77th 
Legislature, Regular Session, 2001, as amended by Section 2.101, 
Chapter 198, Acts of the 78th Legislature, Regular Session, 2003, 
is amended to read as follows:
	(c)  The executive commissioner of 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 September 1, 2007 [2005].  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 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 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, 2005.