82R7449 SJM-D
 
  By: Ellis S.B. No. 1259
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain individuals for medical
  assistance on confinement in, placement in, detention in, or
  commitment to and release from certain facilities and other
  settings.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.0261, Human Resources Code, is
  amended to read as follows:
         Sec. 32.0261.  CONTINUOUS ELIGIBILITY. The department shall
  adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as
  amended, to provide for a period of continuous eligibility for a
  child under 19 years of age who is determined to be eligible for
  medical assistance under this chapter.  The rules shall provide
  that the child remains eligible for medical assistance, without
  additional review by the department and regardless of changes in
  the child's resources or income, until the earlier of:
               (1)  the end of the six-month period following the date
  on which the child's eligibility was determined, excluding any
  period during which the child's eligibility was suspended as
  provided by Section 32.0264; or
               (2)  the child's 19th birthday.
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.0264 to read as follows:
         Sec. 32.0264.  SUSPENSION AND AUTOMATIC REINSTATEMENT OF
  ELIGIBILITY FOR INDIVIDUALS CONFINED IN CERTAIN FACILITIES AND
  OTHER SETTINGS. (a) An individual's eligibility for medical
  assistance is suspended during the period the individual is:
               (1)  confined in a correctional facility, as defined by
  Section 1.07, Penal Code; or
               (2)  placed, detained, or committed under Title 3,
  Family Code, in a facility or other setting that would otherwise
  result in the loss of the individual's eligibility for that
  assistance.
         (b)  The eligibility of an individual for medical assistance
  that is suspended as provided by Subsection (a) is automatically
  reinstated on the date the individual is released from the facility
  or other setting described by that subsection. Following the
  reinstatement, the individual remains eligible until the
  expiration of the period of months for which the individual was
  certified as eligible, excluding the period during which the
  individual's eligibility was suspended.
         SECTION 3.  The changes in law made by this Act apply to an
  individual who is released from a facility or other setting
  described by Section 32.0264, Human Resources Code, as added by
  this Act, on or after the effective date of this Act, regardless of
  the date the individual was:
               (1)  confined in, placed in, detained in, or committed
  to a facility or other setting described by Section 32.0264, Human
  Resources Code, as added by this Act; or
               (2)  determined eligible for medical assistance under
  Chapter 32, Human Resources Code.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  This Act takes effect September 1, 2011.