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A BILL TO BE ENTITLED
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AN ACT
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relating to a child's eligibility for the Medicaid buy-in program |
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for children or the medically dependent children (MDCP) waiver |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.02444, Government Code, is amended |
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by amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The executive commissioner shall develop and implement: |
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(1) a Medicaid buy-in program for persons with |
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disabilities as authorized by the Ticket to Work and Work |
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Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the |
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Balanced Budget Act of 1997 (Pub. L. No. 105-33); and |
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(2) subject to Subsection (a-1) as authorized by the |
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Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid |
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buy-in program for children with disabilities [that is] described |
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by 42 U.S.C. Section 1396a(cc)(1) whose family incomes do not |
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exceed 300 percent of the applicable federal poverty level. |
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(a-1) The executive commissioner by rule shall increase the |
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maximum family income prescribed by Subsection (a)(2) for |
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determining eligibility for the buy-in program to the maximum |
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family income amount allowable, considering available |
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appropriations for that purpose. |
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SECTION 2. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.024441 and 531.060111 to read as |
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follows: |
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Sec. 531.024441. MEDICAID BUY-IN PROGRAM FOR CHILDREN: |
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DISABILITY DETERMINATION ASSESSMENT. (a) The commission shall, at |
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the request of a child's legally authorized representative, conduct |
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a disability determination assessment of the child to determine the |
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child's eligibility for the Medicaid buy-in program for children |
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implemented under Section 531.02444. |
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(b) The commission shall directly conduct a disability |
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determination assessment of a child under this section and may not |
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contract with a managed care organization or other entity to |
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conduct the assessment. |
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Sec. 531.060111. MEDICALLY DEPENDENT CHILDREN PROGRAM |
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MEDICAL NECESSITY ASSESSMENT. (a) Notwithstanding Section |
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531.0602 or any other law, the commission shall, at the request of |
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the legally authorized representative of a child who is in the first |
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position on the medically dependent children (MDCP) waiver program |
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interest list, conduct a medical necessity assessment of the child |
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to determine the child's eligibility for that waiver program. |
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(b) The commission shall directly conduct a medical |
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necessity assessment of a child under this section and may not |
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contract with a managed care organization or other entity to |
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conduct the assessment. |
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SECTION 3. (a) Section 531.024441, Government Code, as |
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added by this Act, applies to a request for a disability |
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determination assessment to determine eligibility for the Medicaid |
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buy-in program for children made on or after the effective date of |
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this Act. |
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(b) Section 531.060111, Government Code, as added by this |
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Act, applies to a request for a medical necessity assessment to |
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determine eligibility for the medically dependent children (MDCP) |
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waiver program made on or after the effective date of this Act. |
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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. This Act takes effect September 1, 2023. |