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A BILL TO BE ENTITLED
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AN ACT
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relating to a medical assistance buy-in program for children with |
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certain developmental disabilities. |
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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 32.0249 to read as follows: |
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Sec. 32.0249. MEDICAL ASSISTANCE BUY-IN PROGRAM FOR |
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CHILDREN WITH DEVELOPMENTAL DISABILITIES. (a) The executive |
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commissioner of the Health and Human Services Commission shall |
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develop and implement a Medicaid buy-in program, as authorized by |
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the Deficit Reduction Act of 2005 (Pub. L. No. 109-171), for |
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children with developmental disabilities who are described by 42 |
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U.S.C. Section 1396a(cc)(1) and whose family incomes do not exceed |
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300 percent of the applicable federal poverty level. |
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(b) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules in accordance with federal |
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law that provide for: |
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(1) eligibility requirements for the program |
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described by Subsection (a); and |
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(2) requirements for participants in the program to |
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pay premiums or cost-sharing payments, subject to Subsection (c). |
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(c) Rules adopted by the executive commissioner of the |
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Health and Human Services Commission under Subsection (b) must |
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require a participant to pay monthly premiums according to a |
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sliding scale that is based on family income, subject to the |
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requirements of 42 U.S.C. Sections 1396o(i)(2) and (3). |
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SECTION 2. 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 3. This Act takes effect September 1, 2009. |