H.B. No. 1630
AN ACT
relating to the eligibility of certain individuals for child health
plan coverage or medical assistance on release from certain
facilities or other settings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02418 to read as follows:
Sec. 531.02418. MEDICAID AND CHILD HEALTH PLAN PROGRAM
ELIGIBILITY DETERMINATIONS FOR CERTAIN INDIVIDUALS. (a) The
commission shall enter into a memorandum of understanding with the
Texas Youth Commission to ensure that each individual who is
committed under Title 3, Family Code, is assessed by the commission
for eligibility for the medical assistance program under Chapter
32, Human Resources Code, and the child health plan program before
that individual's release from commitment.
(b) The commission shall enter into a memorandum of
understanding with the Texas Juvenile Probation Commission to
ensure that each individual who is placed or detained under Title 3,
Family Code, is assessed by the commission for eligibility for the
medical assistance program under Chapter 32, Human Resources Code,
and the child health plan program before the individual's release
from placement or detention. Local juvenile probation departments
are subject to the requirements of the memorandum.
(c) Each memorandum of understanding entered into as
required by this section must specify:
(1) the information that must be provided to the
commission;
(2) the process by which and time frame within which
the information must be provided; and
(3) the roles and responsibilities of all parties to
the memorandum, which must include a requirement that the
commission pursue the actions needed to complete eligibility
applications as necessary.
(d) Each memorandum of understanding required by Subsection
(a) or (b) must be tailored to achieve the goal of ensuring that an
individual described by Subsection (a) or (b) who is determined
eligible by the commission for coverage under the medical
assistance program under Chapter 32, Human Resources Code, or the
child health plan program, is enrolled in the program for which the
individual is eligible and may begin receiving services through the
program as soon as possible after the eligibility determination is
made and, if possible, to achieve the goal of ensuring that the
individual may begin receiving those services on the date of the
individual's release from placement, detention, or commitment.
(e) The executive commissioner may adopt rules as necessary
to implement this section.
SECTION 2. (a) The Health and Human Services Commission and
the Texas Youth Commission shall enter into the memorandum of
understanding required by Section 531.02418(a), Government Code,
as added by this Act, not later than October 1, 2009.
(b) The Health and Human Services Commission and the Texas
Juvenile Probation Commission shall enter into the memorandum of
understanding required by Section 531.02418(b), Government Code,
as added by this Act, not later than February 1, 2010.
SECTION 3. If federal legislation is enacted and becomes
law, or federal regulations, rules, or other administrative
guidelines are adopted, that authorize this state to implement
streamlined procedures applicable to assessments of individuals
for the medical assistance program under Chapter 32, Human
Resources Code, or the child health plan program under Chapter 62,
Health and Safety Code, as described by Section 531.02418,
Government Code, as added by this Act, the Health and Human Services
Commission shall implement those procedures as soon as practicable.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1630 was passed by the House on May 4,
2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1630 was passed by the Senate on May
21, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor