80R648 KFF-D

By: Paxton H.B. No. 40

A BILL TO BE ENTITLED

AN ACT

relating to requiring certain applicants for and recipients of medical assistance to provide proof of citizenship or nationality and of identity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Sections 32.0252 and 32.0253 to read as follows:

Sec. 32.0252. CERTAIN APPLICANTS REQUIRED TO PROVIDE PROOF OF CITIZENSHIP OR NATIONALITY AND OF IDENTITY. (a) An applicant, other than an applicant described by 42 U.S.C. Section 1396b(x)(2) and applicable federal regulations, who states the applicant is a United States citizen or national must provide proof to the department of the applicant's citizenship or nationality and identity at the time the application for medical assistance is filed.

(b) An applicant may provide one of the following documents as proof of both citizenship or nationality and identity:

(1) a United States passport;

(2) a certificate of naturalization (federal Form N-550 or N-570);

(3) a certificate of United States citizenship (federal Form N-560 or N-561); or

(4) except as provided by Subsection (d), any other document specified by 42 U.S.C. Section 1396b(x) and applicable federal regulations as acceptable proof of both an applicant's citizenship or nationality and identity.

(c) An applicant who is unable to provide one of the documents listed in Subsection (b) may provide:

(1) as proof of citizenship or nationality, one of the following documents:

(A) a certified copy of the applicant's certificate of birth in the United States;

(B) a certification of birth abroad (federal Form FS-545 or DS-1350);

(C) a United States citizen identification card (federal Form I-97) issued by the former United States Immigration and Naturalization Service;

(D) a report of birth abroad of a United States citizen (federal Form FS-240); or

(E) except as provided by Subsection (d), any other document specified by 42 U.S.C. Section 1396b(x) and applicable federal regulations as acceptable proof of an applicant's citizenship or nationality; and

(2) as proof of identity, one of the following:

(A) a driver's license or a personal identification card issued to the applicant by the Department of Public Safety or a similar document issued to the applicant by an agency of another state if the document contains a photograph of the applicant or a physical description of the applicant sufficient to establish the applicant's identity; or

(B) any other document specified by 42 U.S.C. Section 1396b(x) and applicable federal regulations as acceptable proof of an applicant's identity.

(d) Notwithstanding any other law, the department may not accept as proof of citizenship an affidavit by an individual with knowledge of the events or circumstances establishing an applicant's claim of citizenship.

Sec. 32.0253. CERTAIN RECIPIENTS REQUIRED TO PROVIDE PROOF OF CITIZENSHIP ON RECERTIFICATION OF ELIGIBILITY. (a) A recipient of medical assistance who, before September 1, 2007, provided an affidavit authorized by 42 C.F.R. Section 435.407(d)(5) or 436.407(d)(5) as proof of the recipient's citizenship shall, at the recipient's first recertification review of eligibility and need for medical assistance occurring on or after September 1, 2007, provide proof of the recipient's citizenship that is acceptable under Section 32.0252 as proof of citizenship of an applicant for medical assistance.

(b) This section expires September 1, 2008.

SECTION 2. 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 3. Section 32.0252, Human Resources Code, as added by this Act, applies to a person who applies for medical assistance on or after the effective date of this Act.

SECTION 4. This Act takes effect September 1, 2007.