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A BILL TO BE ENTITLED
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AN ACT
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relating to the Medicaid buy-in program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.02444, Government Code, is amended |
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to read as follows: |
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Sec. 531.02444. MEDICAID BUY-IN PROGRAM FOR CERTAIN PERSONS |
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WITH DISABILITIES. (a) In this section, "waiver services" means |
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services provided under: |
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(1) the Community-based Alternatives Program; |
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(2) the Community Living Assistance and Support |
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Services Program; |
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(3) the Home and Community-based Waiver Services |
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Program; or |
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(4) any other Section 1915(c) waiver program. |
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(b) The executive commissioner shall develop and implement |
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a Medicaid buy-in program for persons with disabilities as |
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authorized by the Ticket to Work and Work Incentives Improvement |
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Act of 1999 (Pub. L. No. 106-170) or the Balanced Budget Act of 1997 |
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(Pub. L. No. 105-33). |
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(c) [(b)] The executive commissioner shall adopt rules in |
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accordance with federal law that provide for: |
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(1) eligibility requirements for the program, subject |
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to Subsection (d)(2); and |
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(2) requirements for participants in the program to |
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pay premiums or cost-sharing payments. |
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(d) In adopting rules under Subsection (c), the executive |
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commissioner shall: |
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(1) ensure that a Medicaid recipient who receives |
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waiver services and who otherwise meets the income, resources, and |
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disability requirements of the program is eligible for the program |
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to the extent allowed under federal law; and |
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(2) set the maximum household income for eligibility |
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for the program in an amount equal to 300 percent of the federal |
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poverty level. |
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(e) The commission shall develop an informational brochure |
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containing information about the Medicaid buy-in program, |
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including information about the eligibility requirements for the |
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program. The commission shall: |
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(1) make the brochure available through the |
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commission's offices and website; and |
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(2) disseminate the brochure through electronic means |
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or otherwise to advocacy groups, community organizations, and other |
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organizations that provide services to persons with disabilities. |
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SECTION 2. If before implementing Section 531.02444(d), |
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Government Code, as added by this Act, the executive commissioner |
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of the Health and Human Services Commission determines that an |
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amendment to this state's Medicaid waiver plan under Section |
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1915(c) of the federal Social Security Act (42 U.S.C. Section |
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1396n(c)) or another authorization from the federal Centers for |
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Medicare and Medicaid Services or any other federal agency is |
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necessary for implementation of that provision, the executive |
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commissioner shall request and actively pursue that amendment or |
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other authorization from the appropriate agency as soon as |
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possible. |
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SECTION 3. This Act takes effect September 1, 2007. |