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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain individuals for medical |
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assistance on confinement in, placement in, detention in, or |
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commitment to and release from certain facilities and other |
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settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.0261, Human Resources Code, is |
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amended to read as follows: |
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Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall |
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adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as |
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amended, to provide for a period of continuous eligibility for a |
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child under 19 years of age who is determined to be eligible for |
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medical assistance under this chapter. The rules shall provide |
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that the child remains eligible for medical assistance, without |
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additional review by the department and regardless of changes in |
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the child's resources or income, until the earlier of: |
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(1) the end of the six-month period following the date |
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on which the child's eligibility was determined, excluding any |
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period during which the child's eligibility was suspended as |
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provided by Section 32.0264; or |
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(2) the child's 19th birthday. |
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SECTION 2. 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. SUSPENSION AND AUTOMATIC REINSTATEMENT OF |
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ELIGIBILITY FOR INDIVIDUALS CONFINED IN CERTAIN FACILITIES AND |
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OTHER SETTINGS. (a) An individual's eligibility for medical |
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assistance is suspended during the period the individual is: |
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(1) confined in a correctional facility, as defined by |
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Section 1.07, Penal Code; or |
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(2) placed, detained, or committed under Title 3, |
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Family Code, in a facility or other setting that would otherwise |
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result in the loss of the individual's eligibility for that |
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assistance. |
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(b) The eligibility of an individual for medical assistance |
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that is suspended as provided by Subsection (a) is automatically |
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reinstated on the date the individual is released from the facility |
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or other setting described by that subsection. Following the |
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reinstatement, the individual remains eligible until the |
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expiration of the period of months for which the individual was |
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certified as eligible, excluding the period during which the |
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individual's eligibility was suspended. |
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SECTION 3. The changes in law made by this Act apply to an |
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individual who is released from a facility or other setting |
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described by Section 32.0264, Human Resources Code, as added by |
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this Act, on or after the effective date of this Act, regardless of |
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the date the individual was: |
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(1) confined in, placed in, detained in, or committed |
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to a facility or other setting described by Section 32.0264, Human |
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Resources Code, as added by this Act; or |
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(2) determined eligible for medical assistance under |
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Chapter 32, Human Resources Code. |
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SECTION 4. 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 5. This Act takes effect September 1, 2011. |