86R910 MM-D
 
  By: White H.B. No. 72
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation of Medicaid benefits provided to
  certain children adopted from the conservatorship of the Department
  of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 162.304(b-1) and (f), Family Code, are
  amended to read as follows:
         (b-1)  Subject to the availability of funds, the department
  shall pay a $150 subsidy each month for the premiums for health
  benefits coverage for a child with respect to whom a court has
  entered a final order of adoption if the child:
               (1)  was in the conservatorship of the department at
  the time of the child's adoptive placement;
               (2)  after the adoption, is not eligible for or is not
  receiving medical assistance under Chapter 32, Human Resources
  Code; and
               (3)  is younger than 18 years of age.
         (f)  Subject to the availability of funds, the department
  shall work with the Health and Human Services Commission and the
  federal government to develop a program to provide medical
  assistance under Chapter 32, Human Resources Code, to children who
  were in the conservatorship of the department at the time of
  adoptive placement and need medical or rehabilitative care but do
  not qualify for:
               (1)  adoption assistance under this section; or
               (2)  the continuation of medical assistance benefits
  under Section 533.00531, Government Code.
         SECTION 2.  Subchapter A, Chapter 533, Government Code, is
  amended by adding Section 533.00531 to read as follows:
         Sec. 533.00531.  STAR HEALTH PROGRAM: CONTINUATION OF
  BENEFITS FOR CERTAIN RECIPIENTS. (a) The commission, in
  consultation with the Department of Family and Protective Services,
  shall develop and implement a program that will allow the adoptive
  parent of a recipient with a chronic health condition who, because
  of the recipient's adoption, will no longer be in the
  conservatorship of the department to elect on behalf of the
  recipient to continue receiving benefits under the STAR Health
  Medicaid managed care program or another Medicaid managed care
  program already in existence or created for purposes of this
  section.
         (b)  The program required by this section must:
               (1)  ensure each recipient receives benefits under the
  STAR Health Medicaid managed care program or other Medicaid managed
  care program that are comparable to the benefits the recipient
  would have received had the recipient remained in the
  conservatorship of the Department of Family and Protective
  Services; and
               (2)  protect the continuity of care for each recipient
  and, if applicable, ensure coordination between the STAR Health
  Medicaid managed care program and any Medicaid managed care program
  to which the provision of health care benefits for the recipient
  will transition.
         SECTION 3.  As soon as possible after the effective date of
  this Act, the Health and Human Services Commission shall apply for
  and actively pursue from the federal Centers for Medicare and
  Medicaid Services or other appropriate federal agency any waiver or
  other authorization necessary to implement Section 533.00531,
  Government Code, as added by this Act. The commission may delay
  implementing this Act until the waiver or authorization is granted.
         SECTION 4.  This Act takes effect September 1, 2019.