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AN ACT
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relating to the eligibility of certain individuals for child health |
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plan coverage or medical assistance on release from certain |
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facilities or other settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.02418 to read as follows: |
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Sec. 531.02418. MEDICAID AND CHILD HEALTH PLAN PROGRAM |
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ELIGIBILITY DETERMINATIONS FOR CERTAIN INDIVIDUALS. (a) The |
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commission shall enter into a memorandum of understanding with the |
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Texas Youth Commission to ensure that each individual who is |
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committed under Title 3, Family Code, is assessed by the commission |
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for eligibility for the medical assistance program under Chapter |
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32, Human Resources Code, and the child health plan program before |
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that individual's release from commitment. |
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(b) The commission shall enter into a memorandum of |
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understanding with the Texas Juvenile Probation Commission to |
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ensure that each individual who is placed or detained under Title 3, |
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Family Code, is assessed by the commission for eligibility for the |
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medical assistance program under Chapter 32, Human Resources Code, |
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and the child health plan program before the individual's release |
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from placement or detention. Local juvenile probation departments |
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are subject to the requirements of the memorandum. |
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(c) Each memorandum of understanding entered into as |
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required by this section must specify: |
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(1) the information that must be provided to the |
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commission; |
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(2) the process by which and time frame within which |
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the information must be provided; and |
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(3) the roles and responsibilities of all parties to |
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the memorandum, which must include a requirement that the |
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commission pursue the actions needed to complete eligibility |
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applications as necessary. |
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(d) Each memorandum of understanding required by Subsection |
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(a) or (b) must be tailored to achieve the goal of ensuring that an |
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individual described by Subsection (a) or (b) who is determined |
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eligible by the commission for coverage under the medical |
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assistance program under Chapter 32, Human Resources Code, or the |
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child health plan program, is enrolled in the program for which the |
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individual is eligible and may begin receiving services through the |
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program as soon as possible after the eligibility determination is |
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made and, if possible, to achieve the goal of ensuring that the |
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individual may begin receiving those services on the date of the |
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individual's release from placement, detention, or commitment. |
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(e) The executive commissioner may adopt rules as necessary |
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to implement this section. |
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SECTION 2. (a) The Health and Human Services Commission and |
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the Texas Youth Commission shall enter into the memorandum of |
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understanding required by Section 531.02418(a), Government Code, |
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as added by this Act, not later than October 1, 2009. |
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(b) The Health and Human Services Commission and the Texas |
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Juvenile Probation Commission shall enter into the memorandum of |
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understanding required by Section 531.02418(b), Government Code, |
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as added by this Act, not later than February 1, 2010. |
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SECTION 3. If federal legislation is enacted and becomes |
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law, or federal regulations, rules, or other administrative |
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guidelines are adopted, that authorize this state to implement |
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streamlined procedures applicable to assessments of individuals |
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for the medical assistance program under Chapter 32, Human |
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Resources Code, or the child health plan program under Chapter 62, |
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Health and Safety Code, as described by Section 531.02418, |
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Government Code, as added by this Act, the Health and Human Services |
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Commission shall implement those procedures as soon as practicable. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1630 was passed by the House on May 4, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1630 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |