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A BILL TO BE ENTITLED
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AN ACT
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relating to a Medicaid buy-in program for certain children with |
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disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.02444, Government Code, is amended |
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to read as follows: |
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Sec. 531.02444. MEDICAID BUY-IN PROGRAMS [PROGRAM] FOR |
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CERTAIN PERSONS WITH DISABILITIES. (a) The executive commissioner |
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shall develop and implement: |
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(1) a Medicaid buy-in program for persons with |
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disabilities as authorized by the Ticket to Work and Work |
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Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the |
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Balanced Budget Act of 1997 (Pub. L. No. 105-33); and |
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(2) as authorized by the Deficit Reduction Act of 2005 |
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(Pub. L. No. 109-171), a Medicaid buy-in program for disabled |
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children described by 42 U.S.C. Section 1396a(cc)(1) whose family |
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incomes do not exceed 300 percent of the applicable federal poverty |
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level. |
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(b) The executive commissioner shall adopt rules in |
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accordance with federal law that provide for: |
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(1) eligibility requirements for each [the] program |
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described by Subsection (a); and |
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(2) requirements for participants in the program to |
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pay premiums or cost-sharing payments, subject to Subsection (c). |
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(c) Rules adopted by the executive commissioner under |
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Subsection (b) with respect to the program for disabled children |
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described by Subsection (a)(2) must require a participant to pay |
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monthly premiums according to a sliding scale that is based on |
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family income, subject to the requirements of 42 U.S.C. Sections |
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1396o(i)(2) and (3). |
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SECTION 2. Not later than December 1, 2009, the executive |
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commissioner of the Health and Human Services Commission shall |
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develop and implement the Medicaid buy-in program for disabled |
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children under Section 531.02444, Government Code, as amended by |
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this Act. |
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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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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2009. |