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A BILL TO BE ENTITLED
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AN ACT
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relating to medical assistance for individuals residing in certain |
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institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.025, Human Resources Code, is amended |
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by adding Subsections (g) and (h) to read as follows: |
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(g) The department shall accept an application for medical |
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assistance from a person residing in a nursing home who is applying |
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for that assistance under 42 U.S.C. Section 1396a(a)(10)(A)(ii)(V) |
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regardless of whether the person has resided in the nursing home for |
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the period required for eligibility by that section. |
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(h) The department may not determine the eligibility for |
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medical assistance of a person whose application is accepted under |
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Subsection (g) until the period required for eligibility by 42 |
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U.S.C. Section 1396a(a)(10)(A)(ii)(V) has elapsed. |
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SECTION 2. 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 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, 2013. |