80R12511 UM-D

By: Lucio III, Herrero, Pena, Strama H.B. No. 1738

Substitute the following for H.B. No. 1738:

By: Rose C.S.H.B. No. 1738

A BILL TO BE ENTITLED

AN ACT

relating to a medical assistance buy-in program for children with Down syndrome or certain other disabilities.

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

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.02491 to read as follows:

Sec. 32.02491. MEDICAL ASSISTANCE BUY-IN PROGRAM FOR CHILDREN WITH DOWN SYNDROME OR OTHER DISABILITIES. (a) The executive commissioner of the Health and Human Services Commission shall develop and implement a Medicaid buy-in program, as authorized by the Deficit Reduction Act of 2005 (Pub. L. No. 109-171), for children with Down syndrome or another disability who are described by 42 U.S.C. Section 1396a(cc)(1) and whose family incomes do not exceed 300 percent of the applicable federal poverty level.

(b) The executive commissioner of the Health and Human Services Commission shall adopt rules in accordance with federal law that provide for:

(1) eligibility requirements for the program described by Subsection (a); and

(2) requirements for participants in the program to pay premiums or cost-sharing payments, subject to Subsection (c).

(c) Rules adopted by the executive commissioner of the Health and Human Services Commission under Subsection (b) must require a participant to pay monthly premiums according to a sliding scale that is based on family income, subject to the requirements of 42 U.S.C. Sections 1396o(i)(2) and (3).

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. This Act takes effect September 1, 2007.