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A BILL TO BE ENTITLED
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AN ACT
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relating to the process for determining the Medicaid eligibility of |
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certain former foster care youth. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 32.0247(e) and (f), Human Resources |
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Code, are amended to read as follows: |
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(e) The Department of Family and Protective Services shall |
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certify the income, assets, or resources of each individual on the |
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date the individual exits substitute care. An individual |
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qualifying for medical assistance as established by this section |
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shall remain eligible for the maximum period permitted under |
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federal law before any [12 calendar months after certification and |
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after each] recertification is required. |
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(f) If recertification is required, the [The] |
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recertification process for individuals who are eligible for |
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medical assistance under this section must: |
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(1) comply with Section 32.024715; and |
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(2) [shall] include the option of recertifying online |
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or by mail or phone. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.024715 to read as follows: |
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Sec. 32.024715. STREAMLINED ELIGIBILITY DETERMINATION |
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PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) This section |
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applies to a former foster care youth who is eligible for Medicaid |
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under Section 1902(a)(10)(A)(i)(IX), Social Security Act (42 |
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U.S.C. Section 1396a(a)(10)(A)(i)(IX)), or any other law. |
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(b) The commission, in consultation with the Department of |
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Family and Protective Services, shall design and implement a |
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streamlined process for determining a former foster care youth's |
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eligibility for Medicaid. The streamlined process must: |
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(1) provide for the automatic enrollment and |
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recertification of a former foster care youth in the STAR Health |
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program, the STAR Medicaid managed care program, or another |
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Medicaid program, as appropriate; |
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(2) be designed to prevent any unnecessary |
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interruption of the youth's Medicaid benefits, including any |
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interruption related to having to recertify the youth for benefits; |
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and |
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(3) if recertification is required under federal law, |
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use a simple application and recertification process that: |
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(A) to the extent permitted by federal law, does |
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not require that a youth verify that the youth is a resident of this |
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state unless the commission determines that the youth is receiving |
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Medicaid benefits outside of this state; or |
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(B) if federal law requires that a youth verify |
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that the youth is a resident of this state, allows the youth to |
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attest to that fact without providing additional documentation or |
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evidence that proves the youth is a resident of this state. |
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SECTION 3. The changes in law made by this Act apply to an |
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initial determination or recertification of eligibility of a person |
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for medical assistance under Chapter 32, Human Resources Code, made |
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on or after the effective date of this Act, regardless of the date |
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the person applied for that assistance. |
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SECTION 4. 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 5. The Department of Family and Protective Services |
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and the Health and Human Services Commission are required to |
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implement this Act only if the legislature appropriates money |
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specifically for that purpose. If the legislature does not |
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appropriate money specifically for that purpose, the department and |
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the commission may, but are not required to, implement this Act |
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using other appropriations available for the purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |
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