81R27553 KLA-D

By: Turner of Harris, Edwards, Naishtat, H.B. No. 1541

Marquez, Dukes, et al.

Substitute the following for H.B. No. 1541:

By: Rose C.S.H.B. No. 1541

A BILL TO BE ENTITLED

AN ACT

relating to the period of continuous eligibility for the Medicaid program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. AUTHORIZATION FOR 12-MONTH PERIOD OF CONTINUOUS ELIGIBILITY UNDER MEDICAID. (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.

SECTION 2. FEDERAL AUTHORIZATION. 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 3. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.