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A BILL TO BE ENTITLED
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AN ACT
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relating to seeking a waiver under Medicaid to provide a continuous |
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period of eligibility under the program for certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.0261, Human Resources Code, is |
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amended by adding Subsection (m) to read as follows: |
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(m) This section does not apply to a child who is eligible |
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for an extended period of continuous eligibility under Section |
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32.02612. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02612 to read as follows: |
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Sec. 32.02612. FEDERAL AUTHORIZATION TO PROVIDE EXTENDED |
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PERIOD OF CONTINUOUS ELIGIBILITY FOR CERTAIN CHILDREN. (a) The |
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executive commissioner shall seek a waiver under Section 1115, |
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Social Security Act (42 U.S.C. Section 1315), to provide for a |
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continuous period of eligibility for children who are: |
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(1) determined eligible for medical assistance under |
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this chapter; and |
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(2) five years of age or younger. |
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(b) The waiver sought under this section must ensure that a |
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child described by Subsection (a) remains continuously eligible for |
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medical assistance, without additional review and regardless of |
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changes in the child's resources or household income, from the date |
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on which the child's eligibility for medical assistance is |
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determined until the child's sixth birthday. |
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(c) Subject to approval of the waiver described by |
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Subsection (a), the executive commissioner shall adopt rules to |
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implement this section. |
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SECTION 3. 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 the waiver |
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from the Centers for Medicare and Medicaid Services or any other |
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federal agency required by Section 32.02612, Human Resources Code, |
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as added by this Act. The commission may delay implementing Section |
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32.02612, Human Resources Code, as added by this Act, until the |
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waiver applied for under this section is granted. |
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SECTION 4. This Act takes effect September 1, 2023. |