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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for children's Medicaid and the child |
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health plan program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.101(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 2. Section 32.026(d), Human Resources Code, is |
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amended to read as follows: |
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(d) In adopting rules under this section, the department |
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shall ensure, to the extent allowed by federal law, that |
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documentation and verification procedures used in determining and |
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certifying the eligibility and need for medical assistance of a |
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child under 19 years of age[, including the documentation and
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verification procedures used to evaluate the assets and resources
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of the child, the child's parents, or the child's other caretaker
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for that purpose,] are the same as the documentation and |
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verification procedures used to determine and certify a child's |
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eligibility for coverage under Chapter 62, Health and Safety Code, |
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except that the documentation and verification procedures adopted |
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in accordance with this subsection may not be more stringent than |
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the documentation and verification procedures existing on January |
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1, 2001, for determination and certification of a child's |
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eligibility for coverage under Chapter 62, Health and Safety Code. |
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SECTION 3. Section 32.0262(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department shall develop procedures to ensure that |
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all necessary information regarding a child who will be denied |
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continued medical assistance under this chapter because of an |
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increase in income[, assets, or resources] but who is eligible for |
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enrollment in the child health plan under Chapter 62, Health and |
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Safety Code, is promptly transmitted to the child health plan in |
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accordance with the standards established under Section 62.104(d), |
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Health and Safety Code. |
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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. ELIGIBILITY OF CHILDREN. In determining and |
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certifying a child's eligibility for medical assistance, the |
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department, to the maximum extent allowed by federal law, shall |
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implement 42 U.S.C. Section 1396a(e)(14)(C) and may not apply any |
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assets or resources test, notwithstanding any other law. |
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SECTION 5. Section 62.101(b-1), Health and Safety Code, is |
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repealed. |
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SECTION 6. Section 62.101, 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 7. Sections 32.026 and 32.0262, Human Resources |
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Code, as amended by this Act, and Section 32.0264, Human Resources |
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Code, as added by this Act, apply to an initial determination or |
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redetermination of eligibility of a person for medical assistance |
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under Chapter 32, Human Resources Code, made on or after the |
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effective date of this Act, regardless of the date the person |
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applied for that assistance. |
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SECTION 8. 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 9. This Act takes effect September 1, 2011. |