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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for and administration of the child health |
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plan program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.002(4), Health and Safety Code, is |
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amended to read as follows: |
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(4) "Net family income" means the amount of income |
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established for a family after reduction for offsets for expenses |
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such as child care and work-related expenses, in accordance with |
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standards applicable under the Medicaid program. |
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SECTION 2. Section 62.101(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission shall establish income eligibility |
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levels consistent with Title XXI, Social Security Act (42 U.S.C. |
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Section 1397aa et seq.), as amended, and any other applicable law or |
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regulations, and subject to the availability of appropriated money, |
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so that a child who is younger than 19 years of age and whose net |
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family income is at or below 200 percent of the federal poverty |
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level is eligible for health benefits coverage under the program. |
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[In addition, the commission may establish eligibility standards
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regarding the amount and types of allowable assets for a family
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whose net family income is above 150 percent of the federal poverty
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level.] |
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SECTION 3. Section 62.102(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The [Subject to a review under Subsection (b), the] |
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commission shall provide that an individual who is determined to be |
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eligible for coverage under the child health plan remains eligible |
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for those 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; or |
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(2) the individual's 19th birthday. |
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SECTION 4. Sections 62.101(b-1) and 62.102(b) and (c), |
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Health and Safety Code, are repealed. |
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SECTION 5. The changes in law made by this Act apply to a |
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determination or redetermination of eligibility of a person for |
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coverage under the child health plan under Chapter 62, Health and |
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Safety Code, made on or after the effective date of this Act, |
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regardless of the date the person initially applied for that |
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coverage. |
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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. |