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A BILL TO BE ENTITLED
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AN ACT
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relating to modifications of eligibility criteria, processes, and |
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systems used in certain state benefits programs designed to improve |
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efficiency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 531, Government Code, is |
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amended by adding Section 531.192 to read as follows: |
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Sec. 531.192. ELIGIBILITY SYSTEM ACCOMMODATION OF CHANGES |
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TO BENEFITS PROGRAMS AND HEALTH BENEFITS COVERAGE OPTIONS. (a) In |
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this section, "eligibility system" means the following information |
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technology and data processing systems used in the delivery of |
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health and human services benefits programs, and any modifications |
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made to the systems under Subchapter M before the expiration of that |
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subchapter: |
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(1) the Texas Integrated Eligibility Redesign System |
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(TIERS); |
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(2) the System of Application, Verification, |
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Eligibility, Referral, and Reporting (SAVERR); |
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(3) integration processes and practices that |
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facilitate interactions between the systems described by |
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Subdivisions (1) and (2) and allow for the exchange of information |
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between those systems; and |
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(4) delivery processes and practices that directly |
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leverage the systems described by Subdivisions (1) and (2) and |
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involve interactions with applicants for and recipients of health |
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and human services program benefits. |
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(b) The commission may make modifications to the |
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eligibility system that the commission considers necessary to |
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support the following goals: |
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(1) improve the eligibility system's efficiency; |
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(2) control costs related to eligibility |
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determinations, including through modifications designed to reduce |
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future eligibility system staffing needs; |
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(3) accommodate projected caseload growth; |
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(4) prepare for implementation of the Patient |
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Protection and Affordable Care Act (Pub. L. No. 111-148) as amended |
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by the Health Care and Education Reconciliation Act of 2010 (Pub. L. |
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No. 111-152); and |
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(5) ensure that the eligibility system provides |
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seamless transitions with respect to eligibility determinations |
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and enrollments among: |
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(A) the medical assistance program; |
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(B) the child health plan program; and |
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(C) any health insurance exchange created to |
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facilitate the purchase of individual and small group health |
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coverage and the enrollment of eligible individuals in qualified |
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health plans. |
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(c) For purposes of supporting the goal of improving the |
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efficiency of the eligibility system specified by Subsection |
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(b)(1), the commission shall consider implementing additional |
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options for remotely submitting a benefits program application and |
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reducing the number of contacts between an applicant and an |
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eligibility determination caseworker that are required to process |
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the application. |
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SECTION 2. Subchapter B, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0321 to read as follows: |
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Sec. 31.0321. STANDARDIZATION OF ELIGIBILITY CRITERIA AND |
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PROCESSES ACROSS BENEFITS PROGRAMS. (a) In this section, "medical |
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assistance program" means the medical assistance program operated |
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under Chapter 32. |
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(b) To the extent permitted by federal law and |
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notwithstanding Section 31.032 or any other law, on or before |
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January 1, 2014, the executive commissioner of the Health and Human |
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Services Commission by rule may adopt or modify eligibility |
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criteria and processes applicable to the financial assistance |
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program as necessary to ensure that the criteria and processes will |
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be consistent with the criteria and processes applicable to the |
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medical assistance program required by: |
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(1) the Patient Protection and Affordable Care Act |
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(Pub. L. No. 111-148) as amended by the Health Care and Education |
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Reconciliation Act of 2010 (Pub. L. No. 111-152); and |
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(2) federal regulations adopted under those acts. |
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(c) Eligibility criteria and processes adopted under |
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Subsection (b), or modifications to eligibility criteria and |
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processes made under that subsection, for purposes of determining |
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eligibility for the financial assistance program may include to the |
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extent permitted by federal law: |
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(1) eliminating assets and resources tests as those |
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tests are eliminated by 42 U.S.C. Section 1396a(e)(14)(C) and |
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federal regulations for purposes of determining eligibility for the |
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medical assistance program; |
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(2) establishing modified adjusted gross income of an |
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individual as the basis for determining income eligibility, and |
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defining that income in the same manner the income is defined by 42 |
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U.S.C. Section 1396a(e)(14)(A); |
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(3) adopting clear criteria defining an applicant's |
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household size that are consistent with the criteria used for |
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purposes of determining eligibility for the medical assistance |
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program; and |
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(4) simplifying and standardizing eligibility |
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documentation and verification requirements in a manner that is |
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consistent with the requirements applicable in determining |
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eligibility for the medical assistance program. |
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SECTION 3. Section 33.0006, Human Resources Code, is |
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amended to read as follows: |
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Sec. 33.0006. OPERATION OF SUPPLEMENTAL NUTRITION |
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ASSISTANCE PROGRAM; REFERENCES TO FOOD STAMP PROGRAM. (a) The |
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Health and Human Services Commission operates the supplemental |
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nutrition assistance program. |
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(b) A reference in law to the food stamp program means the |
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supplemental nutrition assistance program. |
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SECTION 4. Chapter 33, Human Resources Code, is amended by |
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adding Sections 33.0151 and 33.0152 to read as follows: |
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Sec. 33.0151. STANDARDIZATION OF ELIGIBILITY CRITERIA AND |
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PROCESSES ACROSS BENEFITS PROGRAMS. (a) In this section, "medical |
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assistance program" means the medical assistance program operated |
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under Chapter 32. |
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(b) To the extent permitted by federal law and |
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notwithstanding any other law, on or before January 1, 2014, the |
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executive commissioner of the Health and Human Services Commission |
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by rule may adopt or modify eligibility criteria and processes |
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applicable to the supplemental nutrition assistance program as |
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necessary to ensure that the criteria and processes will be |
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consistent with the criteria and processes applicable to the |
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medical assistance program required by: |
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(1) the Patient Protection and Affordable Care Act |
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(Pub. L. No. 111-148) as amended by the Health Care and Education |
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Reconciliation Act of 2010 (Pub. L. No. 111-152); and |
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(2) federal regulations adopted under those acts. |
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(c) Eligibility criteria and processes adopted under |
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Subsection (b), or modifications to eligibility criteria and |
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processes made under that subsection, for purposes of determining |
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eligibility for the supplemental nutrition assistance program may |
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include to the extent permitted by federal law: |
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(1) eliminating assets and resources tests as those |
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tests are eliminated by 42 U.S.C. Section 1396a(e)(14)(C) and |
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federal regulations for purposes of determining eligibility for the |
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medical assistance program; |
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(2) establishing modified adjusted gross income of an |
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individual as the basis for determining income eligibility, and |
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defining that income in the same manner the income is defined by 42 |
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U.S.C. Section 1396a(e)(14)(A); |
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(3) adopting clear criteria defining an applicant's |
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household size that are consistent with the criteria used for |
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purposes of determining eligibility for the medical assistance |
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program; and |
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(4) simplifying and standardizing eligibility |
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documentation and verification requirements in a manner that is |
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consistent with the requirements applicable in determining |
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eligibility for the medical assistance program. |
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Sec. 33.0152. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM: |
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PERIOD OF ELIGIBILITY. To the extent permitted by federal law, the |
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department shall provide that an individual who is determined to be |
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eligible for supplemental nutrition assistance program benefits |
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remains eligible for those benefits until the end of a period not to |
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exceed 12 months, beginning the first day of the month following the |
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date of the eligibility determination. |
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SECTION 5. Section 31.0325, Human Resources Code, is |
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repealed. |
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SECTION 6. On the effective date of this Act, the Health and |
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Human Services Commission and each health and human services |
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agency, as defined by Section 531.001, Government Code, shall |
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discontinue using electronic fingerprint-imaging or photo-imaging |
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of applicants for and recipients of financial assistance under |
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Chapter 31, Human Resources Code, or supplemental nutrition |
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assistance program benefits under Chapter 33, Human Resources Code. |
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SECTION 7. 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 8. This Act takes effect September 1, 2011. |