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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 children |
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adopted from the conservatorship of the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.304(b-1), Family Code, is amended to |
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read as follows: |
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(b-1) Subject to the availability of funds, the department |
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shall pay a $150 subsidy each month for the premiums for health |
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benefits coverage for a child with respect to whom a court has |
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entered a final order of adoption if the child: |
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(1) was in the conservatorship of the department at |
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the time of the child's adoptive placement; |
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(2) after the adoption, is eligible for and not |
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receiving medical assistance under Chapter 32, Human Resources |
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Code; and |
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(3) is younger than 18 years of age. |
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SECTION 2. Subchapter A, Chapter 533, Government Code, is |
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amended by adding Section 533.00531 to read as follows: |
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Sec. 533.00531. POST-ADOPTION MEDICAID BENEFITS FOR |
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CERTAIN CHILDREN FORMERLY IN FOSTER CARE. (a) This section |
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applies only with respect to an adopted child who: |
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(1) is younger than 18 years of age; and |
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(2) was in the conservatorship of the Department of |
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Family and Protective Services at the time the child was adopted. |
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(b) To the extent permitted by federal law, the commission, |
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in consultation with the Department of Family and Protective |
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Services, shall develop and implement a program that allows the |
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adoptive parent of a child described by Subsection (a), regardless |
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of the income or resources of the parent, to elect on behalf of the |
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child to receive or, if applicable, continue receiving benefits: |
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(1) under the STAR Health program; or |
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(2) if the child has a severe disability, as defined by |
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commission rule, under the STAR Kids managed care program. |
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(c) The program required by this section must: |
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(1) ensure each child receives benefits under the STAR |
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Health program that are comparable to the benefits the child would |
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have received had the child remained in the conservatorship of the |
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Department of Family and Protective Services; and |
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(2) protect the continuity of care for each child and, |
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if applicable, ensure coordination between the STAR Health program |
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and the STAR Kids managed care program for each child with a severe |
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disability who is transitioning between the programs. |
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(d) The executive commissioner shall adopt rules necessary |
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to implement this section. |
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SECTION 3. Section 162.304(f), Family Code, is repealed. |
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SECTION 4. As soon as possible after the effective date of |
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this Act, the Health and Human Services Commission shall apply for |
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and actively pursue from the federal Centers for Medicare and |
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Medicaid Services or other appropriate federal agency any waiver or |
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other authorization necessary to implement Section 533.00531, |
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Government Code, as added by this Act. The commission may delay |
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implementing this Act until the waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2019. |