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AN ACT
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relating to determining eligibility for indigent health care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (d), Section 61.006, Health and |
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Safety Code, is amended to read as follows: |
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(d) The department shall establish application, |
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documentation, and verification procedures that are consistent |
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with the analogous procedures used to determine eligibility in the |
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Temporary Assistance for Needy Families-Medicaid program. Except |
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as provided by Section 61.008(a)(6), the [The] department may not |
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adopt a standard or procedure that is more restrictive than the |
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Temporary Assistance for Needy Families-Medicaid program or |
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procedures. |
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SECTION 2. Section 61.008, Health and Safety Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) The department by rule shall provide that in determining |
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eligibility: |
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(1) a county may not consider the value of the |
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applicant's homestead; |
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(2) a county must consider the equity value of a car |
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that is in excess of the amount exempted under department |
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guidelines as a resource; |
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(3) a county must subtract the work-related and child |
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care expense allowance allowed under department guidelines; |
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(4) a county must consider as a resource real property |
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other than a homestead and, except as provided by Subsection (b), |
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must count that property in determining eligibility; [and] |
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(5) if an applicant transferred title to real property |
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for less than market value to become eligible for assistance under |
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this chapter, the county may not credit toward eligibility for |
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state assistance an expenditure for that applicant made during a |
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two-year period beginning on the date on which the property is |
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transferred; and |
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(6) if an applicant is a sponsored alien, a county may |
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include in the income and resources of the applicant: |
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(A) the income and resources of a person who |
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executed an affidavit of support on behalf of the applicant; and |
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(B) the income and resources of the spouse of a |
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person who executed an affidavit of support on behalf of the |
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applicant, if applicable. |
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(c) In this section, "sponsored alien" means a person who |
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has been lawfully admitted to the United States for permanent |
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residence under the Immigration and Nationality Act (8 U.S.C. |
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Section 1101 et seq.) and who, as a condition of admission, was |
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sponsored by a person who executed an affidavit of support on behalf |
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of the person. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 420 passed the Senate on |
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April 7, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 420 passed the House on |
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May 17, 2011, by the following vote: Yeas 102, Nays 40, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |