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A BILL TO BE ENTITLED
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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 placement, detention, or |
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commitment in and release from certain facilities or other |
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settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 62, Health and Safety |
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Code, is amended by adding Section 62.1013 to read as follows: |
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Sec. 62.1013. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR CERTAIN INDIVIDUALS. (a) If an individual who is |
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enrolled in child health plan coverage is placed, detained, or |
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committed under Title 3, Family Code, in a facility or other setting |
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that would otherwise result in the loss of the individual's |
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eligibility for that coverage, the individual's eligibility is |
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suspended during the period of the placement, detention, or |
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commitment in that facility or other setting. |
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(b) The eligibility of an individual for child health plan |
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coverage that is suspended as provided by Subsection (a) is |
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automatically reinstated on the date the individual is released |
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from the facility or other setting described by that subsection. |
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Following the reinstatement, the individual remains eligible until |
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the expiration of the period of continuous coverage provided by |
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Section 62.102(a), subject to a review under Section 62.102(b). |
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SECTION 2. Sections 62.102(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) Subject to a review under Subsection (b), the commission |
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shall provide that an individual who is determined to be eligible |
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for coverage under the child health plan remains eligible for those |
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benefits until the earlier of: |
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(1) the end of a period not to exceed 12 months, |
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beginning the first day of the month following the date of the |
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eligibility determination and excluding any period after that |
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determination during which the individual's eligibility was |
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suspended as provided by Section 62.1013; or |
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(2) the individual's 19th birthday. |
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(b) During the sixth month of coverage following the date of |
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initial enrollment or reenrollment of an individual whose net |
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family income exceeds 185 percent of the federal poverty level, |
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excluding any period during which the individual's eligibility was |
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suspended as provided by Section 62.1013, the commission shall: |
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(1) review the individual's net family income and may |
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use electronic technology if available and appropriate; and |
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(2) continue to provide coverage if the individual's |
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net family income does not exceed the income eligibility limits |
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prescribed by this chapter. |
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SECTION 3. Section 32.0261, Human Resources Code, is |
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amended to read as follows: |
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Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall |
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adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as |
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amended, to provide for a period of continuous eligibility for a |
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child under 19 years of age who is determined to be eligible for |
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medical assistance under this chapter. The rules shall provide |
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that the child remains eligible for medical assistance, without |
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additional review by the department and regardless of changes in |
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the child's resources or income, until the earlier of: |
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(1) the end of the six-month period following the date |
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on which the child's eligibility was determined, excluding any |
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period during which the child's eligibility was suspended as |
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provided by Section 32.0264; or |
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(2) the child's 19th birthday. |
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SECTION 4. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0264 to read as follows: |
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Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR CERTAIN CHILDREN. (a) If a child who is a |
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recipient of medical assistance is placed, detained, or committed |
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under Title 3, Family Code, in a facility or other setting that |
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would otherwise result in the loss of the child's eligibility for |
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that assistance, the child's eligibility is suspended during the |
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period of the placement, detention, or commitment in that facility |
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or other setting. |
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(b) The eligibility of a child for medical assistance that |
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is suspended as provided by Subsection (a) is automatically |
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reinstated on the date the child is released from the facility or |
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other setting described by that subsection. Following the |
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reinstatement, the child remains eligible until the expiration of |
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the period of continuous eligibility provided by Section 32.0261. |
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SECTION 5. The changes in law made by this Act apply to an |
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individual who is released from a placement, detention, or |
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commitment under Title 3, Family Code, on or after the effective |
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date of this Act, regardless of the date the individual was: |
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(1) placed, detained, or committed under that title; |
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or |
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(2) determined eligible for child health plan coverage |
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under Chapter 62, Health and Safety Code, or medical assistance |
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under Chapter 32, Human Resources Code, as applicable. |
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SECTION 6. 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 7. This Act takes effect September 1, 2009. |