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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain applicants for and recipients of |
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medical assistance to provide proof of citizenship or nationality |
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and of identity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Sections 32.0252 and 32.0253 to read as |
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follows: |
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Sec. 32.0252. CERTAIN APPLICANTS REQUIRED TO PROVIDE PROOF |
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OF CITIZENSHIP OR NATIONALITY AND OF IDENTITY. (a) An applicant, |
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other than an applicant described by 42 U.S.C. Section 1396b(x)(2) |
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and applicable federal regulations, who states the applicant is a |
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United States citizen or national must provide proof to the |
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department of the applicant's citizenship or nationality and |
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identity at the time the application for medical assistance is |
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filed. |
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(b) An applicant may provide one of the following documents |
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as proof of both citizenship or nationality and identity: |
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(1) a United States passport; |
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(2) a certificate of naturalization (federal Form |
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N-550 or N-570); |
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(3) a certificate of United States citizenship |
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(federal Form N-560 or N-561); or |
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(4) except as provided by Subsection (d), any other |
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document specified by 42 U.S.C. Section 1396b(x) and applicable |
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federal regulations as acceptable proof of both an applicant's |
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citizenship or nationality and identity. |
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(c) An applicant who is unable to provide one of the |
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documents listed in Subsection (b) may provide: |
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(1) as proof of citizenship or nationality, one of the |
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following documents: |
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(A) a certified copy of the applicant's |
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certificate of birth in the United States; |
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(B) a certification of birth abroad (federal Form |
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FS-545 or DS-1350); |
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(C) a United States citizen identification card |
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(federal Form I-97) issued by the former United States Immigration |
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and Naturalization Service; |
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(D) a report of birth abroad of a United States |
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citizen (federal Form FS-240); or |
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(E) except as provided by Subsection (d), any |
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other document specified by 42 U.S.C. Section 1396b(x) and |
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applicable federal regulations as acceptable proof of an |
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applicant's citizenship or nationality; and |
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(2) as proof of identity, one of the following: |
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(A) a driver's license or a personal |
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identification card issued to the applicant by the Department of |
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Public Safety or a similar document issued to the applicant by an |
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agency of another state if the document contains a photograph of the |
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applicant or a physical description of the applicant sufficient to |
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establish the applicant's identity; or |
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(B) any other document specified by 42 U.S.C. |
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Section 1396b(x) and applicable federal regulations as acceptable |
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proof of an applicant's identity. |
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(d) Notwithstanding any other law, the department may not |
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accept as proof of citizenship an affidavit by an individual with |
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knowledge of the events or circumstances establishing an |
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applicant's claim of citizenship. |
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Sec. 32.0253. CERTAIN RECIPIENTS REQUIRED TO PROVIDE PROOF |
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OF CITIZENSHIP ON RECERTIFICATION OF ELIGIBILITY. (a) A recipient |
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of medical assistance who, before September 1, 2007, provided an |
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affidavit authorized by 42 C.F.R. Section 435.407(d)(5) or |
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436.407(d)(5) as proof of the recipient's citizenship shall, at the |
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recipient's first recertification review of eligibility and need |
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for medical assistance occurring on or after September 1, 2007, |
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provide proof of the recipient's citizenship that is acceptable |
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under Section 32.0252 as proof of citizenship of an applicant for |
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medical assistance. |
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(b) This section expires September 1, 2008. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. Section 32.0252, Human Resources Code, as added |
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by this Act, applies to a person who applies for medical assistance |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |