81R6638 KLA-F
By: Naishtat H.B. No. 1630
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain individuals for child health
plan coverage or medical assistance on placement, detention, or
commitment in and release from certain facilities or other
settings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 62, Health and Safety
Code, is amended by adding Section 62.1013 to read as follows:
Sec. 62.1013. SUSPENSION AND AUTOMATIC REINSTATEMENT OF
ELIGIBILITY FOR CERTAIN INDIVIDUALS. (a) If an individual who is
enrolled in child health plan coverage is placed, detained, or
committed under Title 3, Family Code, in a facility or other setting
that would otherwise result in the loss of the individual's
eligibility for that coverage, the individual's eligibility is
suspended during the period of the placement, detention, or
commitment in that facility or other setting.
(b) The eligibility of an individual for child health plan
coverage that is suspended as provided by Subsection (a) is
automatically reinstated on the date the individual is released
from the facility or other setting described by that subsection.
Following the reinstatement, the individual remains eligible until
the expiration of the period of continuous coverage provided by
Section 62.102(a), subject to a review under Section 62.102(b).
SECTION 2. Sections 62.102(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Subject to a review under Subsection (b), the commission
shall provide that an individual who is determined to be eligible
for coverage under the child health plan remains eligible for those
benefits until the earlier of:
(1) the end of a period not to exceed 12 months,
beginning the first day of the month following the date of the
eligibility determination and excluding any period after that
determination during which the individual's eligibility was
suspended as provided by Section 62.1013; or
(2) the individual's 19th birthday.
(b) During the sixth month of coverage following the date of
initial enrollment or reenrollment of an individual whose net
family income exceeds 185 percent of the federal poverty level,
excluding any period during which the individual's eligibility was
suspended as provided by Section 62.1013, the commission shall:
(1) review the individual's net family income and may
use electronic technology if available and appropriate; and
(2) continue to provide coverage if the individual's
net family income does not exceed the income eligibility limits
prescribed by this chapter.
SECTION 3. Section 32.0261, Human Resources Code, is
amended to read as follows:
Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall
adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as
amended, to provide for a period of continuous eligibility for a
child under 19 years of age who is determined to be eligible for
medical assistance under this chapter. The rules shall provide
that the child remains eligible for medical assistance, without
additional review by the department and regardless of changes in
the child's resources or income, until the earlier of:
(1) the end of the six-month period following the date
on which the child's eligibility was determined, excluding any
period during which the child's eligibility was suspended as
provided by Section 32.0264; or
(2) the child's 19th birthday.
SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0264 to read as follows:
Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF
ELIGIBILITY FOR CERTAIN CHILDREN. (a) If a child who is a
recipient of medical assistance is placed, detained, or committed
under Title 3, Family Code, in a facility or other setting that
would otherwise result in the loss of the child's eligibility for
that assistance, the child's eligibility is suspended during the
period of the placement, detention, or commitment in that facility
or other setting.
(b) The eligibility of a child for medical assistance that
is suspended as provided by Subsection (a) is automatically
reinstated on the date the child is released from the facility or
other setting described by that subsection. Following the
reinstatement, the child remains eligible until the expiration of
the period of continuous eligibility provided by Section 32.0261.
SECTION 5. The changes in law made by this Act apply to an
individual who is released from a placement, detention, or
commitment under Title 3, Family Code, on or after the effective
date of this Act, regardless of the date the individual was:
(1) placed, detained, or committed under that title;
or
(2) determined eligible for child health plan coverage
under Chapter 62, Health and Safety Code, or medical assistance
under Chapter 32, Human Resources Code, as applicable.
SECTION 6. 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 7. This Act takes effect September 1, 2009.