81R5012 KFF-D
 
  By: Dukes H.B. No. 744
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the restoration of the medically needy program under
  the state Medicaid program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.024(i), Human Resources Code, as
  amended by Chapters 198 (H.B. 2292) and 1251 (S.B. 1862), Acts of
  the 78th Legislature, Regular Session, 2003, is reenacted and
  amended to read as follows:
         (i)  The [Subject to appropriated state funds, the]
  department in its adoption of rules shall establish a medically
  needy program that serves pregnant women, children, and caretakers
  who have high medical expenses. At a minimum, the program must
  serve recipients, including adult recipients, in the same manner
  and at the same level that services were provided to recipients
  under the medically needy program during the state fiscal biennium
  ending August 31, 2003.
         SECTION 2.  Not later than October 1, 2009, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules as necessary under Section 32.024(i), Human Resources
  Code, as amended by Chapters 198 (H.B. 2292) and 1251 (S.B. 1862),
  Acts of the 78th Legislature, Regular Session, 2003, and this Act,
  that, to the extent possible, are substantively identical to the
  rules relating to the medically needy program that were in effect on
  August 31, 2003.
         SECTION 3.  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 4.  This Act takes effect September 1, 2009.