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A BILL TO BE ENTITLED
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AN ACT
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relating to the child health plan program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 62.101(b), and (b-1) of the Health and |
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Safety Code, are 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 300 [200] percent of the federal |
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poverty level is eligible for health benefits coverage under the |
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program. In addition, the commission may establish eligibility |
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standards regarding the amount and types of allowable assets for a |
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family whose net family income is above 250 [150] percent of the |
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federal poverty level. |
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SECTION 2. Section 62.102(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) During the sixth month following the date of initial |
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enrollment or reenrollment of an individual whose net family income |
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exceeds 285 [185] percent of the federal poverty level, the |
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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 62.101(b), Health and Safety Code, as |
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amended by this Act, applies to a determination of eligibility of a |
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person for coverage under the child health plan under Chapter 62, |
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Health and Safety Code, made on or after the effective date of this |
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Act, regardless of the date the person applied for that coverage. |
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SECTION 4. Section 62.102(b), Health and Safety Code, as |
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amended by this Act, applies to an enrollee under the child health |
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plan under Chapter 62, Health and Safety Code, beginning on the |
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effective date of this Act, regardless of the date the enrollment |
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period began. |
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SECTION 5. 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 a 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 6. This Act takes effect September 1, 2009. |
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(b-1) The eligibility standards adopted under Subsection |
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(b) related to allowable assets: |
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(1) must allow a family to own at least $20,000 |
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[$10,000] in allowable assets; and |
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(2) may not in calculating the amount of allowable |
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assets under Subdivision (1) consider: |
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(A) the value of one vehicle that qualifies for |
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an exemption under commission rule based on its use; |
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(B) the value of a second or subsequent vehicle |
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that qualifies for an exemption under commission rule based on its |
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use if: |
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(i) the vehicle is worth $18,000 or less; or |
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(ii) the vehicle has been modified to |
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provide transportation for a household member with a disability; |
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(C) if no vehicle qualifies for an exemption |
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based on its use under commission rule, the [first $18,000 of] value |
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of the highest valued vehicle; or |
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(D) the first $7,500 of value of any vehicle not |
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described by Paragraph (A), (B), or (C). |
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SECTION 2. Subchapter C, Chapter 62, Health and Safety |
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Code, is amended by adding Section 62.1012 to read as follows: |
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Sec. 62.1012. FULL COST BUY-IN PROGRAM. (a) The commission |
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may establish a full cost buy-in program under which a family pays |
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premiums in an amount that fully offsets the cost of coverage under |
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the child health plan. |
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(b) A child who is not eligible for the child health plan |
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because the family's allowable assets exceed the amount established |
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under Section 62.101(b) is eligible to participate in a full cost |
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buy-in program established under this section. |
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SECTION 3. 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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waiter or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2009. |