| |
| |
|
|
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. |