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A BILL TO BE ENTITLED
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AN ACT
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relating to the exclusion of certain costs from income and |
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resources in determining eligibility for Medicaid. |
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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 Section 32.0252 to read as follows: |
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Sec. 32.0252. EXCLUSION OF CERTAIN COSTS. (a) To the extent |
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allowed by federal law, in determining an applicant's eligibility |
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for medical assistance, the department shall exclude from the |
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monthly income and resources of the applicant an amount equal to the |
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average amount charged for electric utility service that is billed |
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in the applicant's name for the applicant's residence during the |
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three months preceding the date of the application. |
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(b) The executive commissioner of the Health and Human |
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Services Commission may adopt rules to implement this section. |
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SECTION 2. The change in law made by this Act applies only |
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to a determination of eligibility of a person for medical |
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assistance under Chapter 32, Human Resources Code, made on or after |
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the effective date of this Act. A determination of eligibility made |
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before the effective date of this Act is governed by the law in |
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effect on the date the determination was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. 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 4. This Act takes effect September 1, 2007. |