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A BILL TO BE ENTITLED
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AN ACT
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relating to the period of continuous eligibility for the medical |
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assistance program for certain persons. |
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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: CHILDREN. The |
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executive commissioner of the Health and Human Services Commission |
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[department] shall adopt rules in accordance with applicable |
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federal law, including 42 U.S.C. Section 1396a [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 first anniversary of [end of the six-month
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period following] the date on which the child's eligibility was |
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determined or redetermined; 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 32.02612 to read as follows: |
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Sec. 32.02612. CONTINUOUS ELIGIBILITY: SENIOR CITIZENS. |
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The executive commissioner of the Health and Human Services |
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Commission shall adopt rules in accordance with applicable federal |
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law, including 42 U.S.C. Section 1396a, to provide for a period of |
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continuous eligibility for a person 65 years of age or older who is |
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determined to be eligible for medical assistance under this |
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chapter. The rules must provide that the person remains eligible |
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for medical assistance, without additional review by the department |
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and regardless of changes in the person's resources or income, |
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until the first anniversary of the date on which the person's |
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eligibility was determined or redetermined. |
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SECTION 3. 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 4. This Act takes effect September 1, 2013. |