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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 children for the Medicaid |
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and child health plan programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.02444, Government Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The executive commissioner shall develop and implement: |
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(1) a Medicaid buy-in program for persons with |
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disabilities as authorized by the Ticket to Work and Work |
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Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the |
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Balanced Budget Act of 1997 (Pub. L. No. 105-33); and |
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(2) subject to Subsection (a-1) as authorized by the |
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Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid |
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buy-in program for children with disabilities that is described by |
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42 U.S.C. Section 1396a(cc)(1) whose family incomes do not exceed |
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300 percent of the applicable federal poverty level. |
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(a-1) The executive commissioner may by rule increase the |
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percentage rate prescribed by Subsection (a)(2) to a rate the |
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executive commissioner determines appropriate taking into account |
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the income eligibility cap set under Section 32.024(l)(3), Human |
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Resources Code. |
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SECTION 2. Section 62.101(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The executive commissioner shall establish income |
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eligibility levels consistent with Title XXI, Social Security Act |
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(42 U.S.C. Section 1397aa et seq.), as amended, and any other |
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applicable law or regulations, and subject to the availability of |
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appropriated money, so that a child who is younger than 19 years of |
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age and whose household income is at or below 376 [200] percent of |
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the federal poverty level is eligible for health benefits coverage |
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under the program. |
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SECTION 3. Section 62.102(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) During the sixth month following the date of initial |
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enrollment or reenrollment of an individual whose household income |
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exceeds 348 [185] percent of the federal poverty level, the |
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commission shall: |
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(1) review the individual's household income and may |
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use electronic technology if available and appropriate; and |
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(2) continue to provide coverage if the individual's |
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household income does not exceed the income eligibility limits |
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prescribed by this chapter. |
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SECTION 4. Section 32.024(l), Human Resources Code, is |
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amended to read as follows: |
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(l) The executive commissioner shall set the income |
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eligibility cap for medical assistance for: |
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(1) pregnant women [and infants up to age one] at not |
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less than 130 percent of the federal poverty guidelines; |
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(2) except as provided by Subdivision (3), children |
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under 19 years of age at not less than 250 percent of the federal |
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poverty guidelines; and |
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(3) children under 19 years of age with a disability at |
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not less than 300 percent of the federal poverty guidelines. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that an additional waiver or additional |
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authorization from a federal agency is necessary for implementation |
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of that provision, the agency affected by the provision shall |
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request the waiver or authorization and may delay implementing that |
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provision until the waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2019. |