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Amend CSHB 2962 by adding the following appropriately
numbered SECTION to the bill and renumbering subsequent SECTIONS of
the bill accordingly:
SECTION ____. (a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(3) "FMAP" means the federal medical assistance
percentage by which state expenditures under the Medicaid program
are matched with federal funds.
(4) "Medicaid program" means the medical assistance
program under Chapter 32, Human Resources Code.
(b) Notwithstanding Section 32.0261, Human Resources Code,
and subject to Subsection (c) of this section and availability of
appropriated funds, rules adopted by the executive commissioner
under Section 32.0261, Human Resources Code, providing for a period
of continuous eligibility under the Medicaid program during the
state fiscal biennium beginning September 1, 2009, for a child
under 19 years of age who is determined eligible for Medicaid shall
provide that the child remains eligible, without additional review
and regardless of changes in the child's resources or income, until
the earlier of:
(1) the first anniversary of the date the child's
eligibility was determined; or
(2) the child's 19th birthday.
(c) The executive commissioner is required to adopt rules
providing for a period of continuous eligibility prescribed by
Subsection (b) of this section only if:
(1) for any portion of the period beginning September
1, 2009, and ending December 31, 2010:
(A) this state's FMAP is increased as authorized
by Section 5001(c), American Recovery and Reinvestment Act of 2009
(Pub. L. No. 111-5); and
(B) the applicable percent used in computing that
increase is the percent specified in Section 5001(c)(3)(A)(ii) or
(iii), American Recovery and Reinvestment Act of 2009 (Pub. L. No.
111-5); and
(2) the receipt by this state of federal funds
resulting from the increased FMAP described by Subdivision (1) of
this subsection results in general revenue funds otherwise
appropriated to the commission becoming available for the purposes
of this section.
(d) The commission:
(1) may use appropriated funds that become available
as described by Subsection (c)(2) of this section for purposes of
this section; and
(2) is not required to obtain prior approval from the
governor, the Legislative Budget Board, or any other person or
entity to use those funds for purposes of this section.