By: Paxton, et al. S.B. No. 1059
 
  (Klick)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the process for determining the Medicaid eligibility of
  certain former foster care youth.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 32.0247(e) and (f), Human Resources
  Code, are amended to read as follows:
         (e)  The Department of Family and Protective Services shall
  certify the income, assets, or resources of each individual on the
  date the individual exits substitute care.  An individual
  qualifying for medical assistance as established by this section
  shall remain eligible for the maximum period permitted under
  federal law before any [12 calendar months after certification and
  after each] recertification is required.
         (f)  If recertification is required, the [The]
  recertification process for individuals who are eligible for
  medical assistance under this section must:
               (1)  comply with Section 32.024715; and
               (2)  [shall] include the option of recertifying online
  or by mail or phone.
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.024715 to read as follows:
         Sec. 32.024715.  STREAMLINED ELIGIBILITY DETERMINATION
  PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) This section
  applies to a former foster care youth who is eligible for Medicaid
  under Section 1902(a)(10)(A)(i)(IX), Social Security Act (42
  U.S.C. Section 1396a(a)(10)(A)(i)(IX)), or any other law.
         (b)  The commission, in consultation with the Department of
  Family and Protective Services, shall design and implement a
  streamlined process for determining a former foster care youth's
  eligibility for Medicaid. The streamlined process must:
               (1)  provide for the automatic enrollment and
  recertification of a former foster care youth in the STAR Health
  program, the STAR Medicaid managed care program, or another
  Medicaid program, as appropriate;
               (2)  be designed to prevent any unnecessary
  interruption of the youth's Medicaid benefits, including any
  interruption related to having to recertify the youth for benefits;
  and
               (3)  if recertification is required under federal law,
  use a simple application and recertification process that:
                     (A)  to the extent permitted by federal law, does
  not require that a youth verify that the youth is a resident of this
  state unless the commission determines that the youth is receiving
  Medicaid benefits outside of this state; or
                     (B)  if federal law requires that a youth verify
  that the youth is a resident of this state, allows the youth to
  attest to that fact without providing additional documentation or
  evidence that proves the youth is a resident of this state.
         SECTION 3.  The changes in law made by this Act apply to an
  initial determination or recertification of eligibility of a person
  for medical assistance under Chapter 32, Human Resources Code, made
  on or after the effective date of this Act, regardless of the date
  the person applied for that assistance.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  The Department of Family and Protective Services
  and the Health and Human Services Commission are required to
  implement this Act only if the legislature appropriates money
  specifically for that purpose.  If the legislature does not
  appropriate money specifically for that purpose, the department and
  the commission may, but are not required to, implement this Act
  using other appropriations available for the purpose.
         SECTION 6.  This Act takes effect September 1, 2021.