80R5835 UM-D
 
  By: Lucio III H.B. No. 1738
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to medical assistance for children with Down syndrome.
       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 FOR CHILDREN WITH DOWN
SYNDROME.  (a)  Notwithstanding Sections 32.024(b), (d), and (e),
and regardless of the availability of federal matching funds, the
department shall provide medical assistance to a person younger
than 18 years of age who is:
             (1)  diagnosed with Down syndrome; and
             (2)  not otherwise eligible for medical assistance due
to income or resource eligibility criteria.
       (b)  The executive commissioner of the Health and Human
Services Commission shall adopt rules regarding the provision of
services under this section. The rules must require the department
to provide services only to the extent that the services are not
available through another health insurance or health benefit plan
under which the person is entitled to benefits.
       (c)  The department shall apply for and actively pursue a
waiver or other authorization from an appropriate federal agency to
receive matching funds to provide medical assistance under this
section.
       SECTION 2.  This Act takes effect September 1, 2007.