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A BILL TO BE ENTITLED
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AN ACT
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relating to ensuring the continued provision of benefits under |
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Medicaid and the supplemental nutrition assistance program for the |
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children of individuals confined in a penal or correctional |
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institution. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0267 to read as follows: |
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Sec. 32.0267. BENEFITS FOR CHILDREN OF CERTAIN INDIVIDUALS |
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CONFINED IN PENAL OR CORRECTIONAL INSTITUTION. (a) This section |
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applies to a child who is a Medicaid recipient. |
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(b) The commission shall ensure that the child of an |
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individual who is confined in a penal or correctional institution, |
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including a county jail in this state or a federal correctional |
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institution, will continue to receive benefits under Medicaid |
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without interruption due to the parent's confinement. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules designed to ensure that |
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at the time for recertifying the child's eligibility for Medicaid |
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benefits, a process is implemented to ensure the parent's |
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confinement does not impede or delay the child's recertification if |
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the child is otherwise eligible for the benefits. |
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SECTION 2. Subchapter A, Chapter 33, Human Resources Code, |
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is amended by adding Section 33.0181 to read as follows: |
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Sec. 33.0181. BENEFITS FOR CHILDREN OF CERTAIN INDIVIDUALS |
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CONFINED IN PENAL OR CORRECTIONAL INSTITUTION. (a) This section |
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applies to a child who is receiving benefits under the supplemental |
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nutrition assistance program. |
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(b) The commission shall ensure that the child of an |
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individual who is confined in a penal or correctional institution, |
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including a county jail in this state or a federal correctional |
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institution, will continue to receive benefits under the |
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supplemental nutrition assistance program without interruption due |
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to the parent's confinement. |
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(c) The executive commissioner shall adopt rules necessary |
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to implement this section, including rules designed to ensure that |
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at the time for recertifying the child's eligibility for benefits |
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under the supplemental nutrition assistance program, a process is |
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implemented to ensure the parent's confinement does not impede or |
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delay the child's recertification if the child is otherwise |
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eligible for the benefits. |
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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, 2019. |