Texas 2009 - 81st Regular

Texas House Bill HB1541 Compare Versions

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Old	New	Differences
1	1	81R27553 KLA-D
2	2	By: Turner of Harris, Edwards, Naishtat, H.B. No. 1541
3	3	Marquez, Dukes, et al.
4	4	Substitute the following for H.B. No. 1541:
5	5	By: Rose C.S.H.B. No. 1541
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the period of continuous eligibility for the Medicaid
11	11	program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. AUTHORIZATION FOR 12-MONTH PERIOD OF CONTINUOUS
14	14	ELIGIBILITY UNDER MEDICAID. (a) In this section:
15	15	(1) "Commission" means the Health and Human Services
16	16	Commission.
17	17	(2) "Executive commissioner" means the executive
18	18	commissioner of the Health and Human Services Commission.
19	19	(3) "FMAP" means the federal medical assistance
20	20	percentage by which state expenditures under the Medicaid program
21	21	are matched with federal funds.
22	22	(4) "Medicaid program" means the medical assistance
23	23	program under Chapter 32, Human Resources Code.
24	24	(b) Notwithstanding Section 32.0261, Human Resources Code,
25	25	and subject to Subsection (c) of this section and availability of
26	26	appropriated funds, rules adopted by the executive commissioner
27	27	under Section 32.0261, Human Resources Code, providing for a period
28	28	of continuous eligibility under the Medicaid program during the
29	29	state fiscal biennium beginning September 1, 2009, for a child
30	30	under 19 years of age who is determined eligible for Medicaid shall
31	31	provide that the child remains eligible, without additional review
32	32	and regardless of changes in the child's resources or income, until
33	33	the earlier of:
34	34	(1) the first anniversary of the date the child's
35	35	eligibility was determined; or
36	36	(2) the child's 19th birthday.
37	37	(c) The executive commissioner is required to adopt rules
38	38	providing for a period of continuous eligibility prescribed by
39	39	Subsection (b) of this section only if:
40	40	(1) for any portion of the period beginning September
41	41	1, 2009, and ending December 31, 2010:
42	42	(A) this state's FMAP is increased as authorized
43	43	by Section 5001(c), American Recovery and Reinvestment Act of 2009
44	44	(Pub. L. No. 111-5); and
45	45	(B) the applicable percent used in computing that
46	46	increase is the percent specified in Section 5001(c)(3)(A)(ii) or
47	47	(iii), American Recovery and Reinvestment Act of 2009 (Pub. L. No.
48	48	111-5); and
49	49	(2) the receipt by this state of federal funds
50	50	resulting from the increased FMAP described by Subdivision (1) of
51	51	this subsection results in general revenue funds otherwise
52	52	appropriated to the commission becoming available for the purposes
53	53	of this section.
54	54	(d) The commission:
55	55	(1) may use appropriated funds that become available
56	56	as described by Subsection (c)(2) of this section for purposes of
57	57	this section; and
58	58	(2) is not required to obtain prior approval from the
59	59	governor, the Legislative Budget Board, or any other person or
60	60	entity to use those funds for purposes of this section.
61	61	SECTION 2. FEDERAL AUTHORIZATION. If before implementing
62	62	any provision of this Act a state agency determines that a waiver or
63	63	authorization from a federal agency is necessary for implementation
64	64	of that provision, the agency affected by the provision shall
65	65	request the waiver or authorization and may delay implementing that
66	66	provision until the waiver or authorization is granted.
67	67	SECTION 3. EFFECTIVE DATE. This Act takes effect
68	68	immediately if it receives a vote of two-thirds of all the members
69	69	elected to each house, as provided by Section 39, Article III, Texas
70	70	Constitution. If this Act does not receive the vote necessary for
71	71	immediate effect, this Act takes effect September 1, 2009.