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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of Medicaid benefits to certain former |
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foster care youth. |
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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 32.02473 to read as follows: |
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Sec. 32.02473. MEDICAL ASSISTANCE FOR CERTAIN FORMER FOSTER |
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CARE YOUTH. (a) Notwithstanding Sections 32.0247 and 32.02471, |
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the commission shall provide medical assistance to a former foster |
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care youth regardless of the youth's income, assets, or resources |
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if the youth: |
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(1) is younger than 26 years of age; and |
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(2) was in foster care, including in the |
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conservatorship of the Department of Family and Protective |
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Services, and receiving medical assistance at the time the youth, |
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because of the youth's age, transitioned out of foster care, |
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including a youth who was in foster care in another state or |
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territory. |
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(b) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall apply for and actively pursue a waiver |
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under Section 1115 of the federal Social Security Act (42 U.S.C. |
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Section 1315) to the state Medicaid plan from the federal Centers |
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for Medicare and Medicaid Services or any other federal agency to |
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implement Section 32.02473, Human Resources Code, as added by this |
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Act. The commission may delay implementing Section 32.02473, Human |
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Resources Code, as added by this Act, until the waiver applied for |
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under this section 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, 2019. |