Texas 2009 - 81st Regular

Texas House Bill HB2962 Compare Versions

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1	1	By: Coleman, Dukes, Zerwas, Davis of Harris, H.B. No. 2962
2	2	Naishtat, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration and funding of and eligibility for
8	8	the child health plan, medical assistance, and other programs.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 62.101(b) and (b-1), Health and Safety
11	11	Code, are amended to read as follows:
12	12	(b) The commission shall establish income eligibility
13	13	levels consistent with Title XXI, Social Security Act (42 U.S.C.
14	14	Section 1397aa et seq.), as amended, and any other applicable law or
15	15	regulations, and subject to the availability of appropriated money,
16	16	so that a child who is younger than 19 years of age and whose net
17	17	family income is at or below 300 [200] percent of the federal
18	18	poverty level is eligible for health benefits coverage under the
19	19	program. In addition, the commission may establish eligibility
20	20	standards regarding the amount and types of allowable assets for a
21	21	family whose net family income is above 250 [150] percent of the
22	22	federal poverty level.
23	23	(b-1) The eligibility standards adopted under Subsection
24	24	(b) related to allowable assets:
25	25	(1) must allow a family to own at least $20,000
26	26	[$10,000] in allowable assets; and
27	27	(2) may not in calculating the amount of allowable
28	28	assets under Subdivision (1) consider:
29	29	(A) the value of one vehicle that qualifies for
30	30	an exemption under commission rule based on its use;
31	31	(B) the value of a second or subsequent vehicle
32	32	that qualifies for an exemption under commission rule based on its
33	33	use if:
34	34	(i) the vehicle is worth $18,000 or less; or
35	35	(ii) the vehicle has been modified to
36	36	provide transportation for a household member with a disability;
37	37	(C) if no vehicle qualifies for an exemption
38	38	based on its use under commission rule, the [first $18,000 of] value
39	39	of the highest valued vehicle; or
40	40	(D) the first $7,500 of value of any vehicle not
41	41	described by Paragraph (A), (B), or (C).
42	42	SECTION 2. Section 62.102(a), Health and Safety Code, is
43	43	amended to read as follows:
44	44	(a) The [Subject to a review under Subsection (b), the]
45	45	commission shall provide that an individual who is determined to be
46	46	eligible for coverage under the child health plan remains eligible
47	47	for those benefits until the earlier of:
48	48	(1) the end of a period not to exceed 12 months,
49	49	beginning the first day of the month following the date of the
50	50	eligibility determination; or
51	51	(2) the individual's 19th birthday.
52	52	SECTION 3. Section 62.153, Health and Safety Code, is
53	53	amended by amending Subsections (a) and (c) and adding Subsections
54	54	(a-1) and (a-2) to read as follows:
55	55	(a) To the extent permitted under 42 U.S.C. Section 1397cc,
56	56	as amended, and any other applicable law or regulations, the
57	57	commission shall require enrollees whose net family incomes are at
58	58	or below 200 percent of the federal poverty level to share the cost
59	59	of the child health plan, including provisions requiring enrollees
60	60	under the child health plan to pay:
61	61	(1) a copayment for services provided under the plan;
62	62	(2) an enrollment fee; or
63	63	(3) a portion of the plan premium.
64	64	(a-1) The commission shall require enrollees whose net
65	65	family incomes are greater than 200 percent but not greater than 300
66	66	percent of the federal poverty level to pay a share of the cost of
67	67	the child health plan through copayments, fees, and a portion of the
68	68	plan premium. The total amount of the share required to be paid
69	69	must:
70	70	(1) include a portion of the plan premium set at an
71	71	amount determined by the commission that is approximately equal to
72	72	2.5 percent of an enrollee's net family income;
73	73	(2) exceed the amount required to be paid by enrollees
74	74	described by Subsection (a), but the total amount required to be
75	75	paid may not exceed five percent of an enrollee's net family income;
76	76	and
77	77	(3) increase incrementally, as determined by the
78	78	commission, as an enrollee's net family income increases.
79	79	(a-2) In establishing the cost required to be paid by an
80	80	enrollee described by Subsection (a-1) as a portion of the plan
81	81	premium, the commission shall ensure that the cost progressively
82	82	increases as the number of children in the enrollee's family
83	83	provided coverage increases.
84	84	(c) The [If cost-sharing provisions imposed under
85	85	Subsection (a) include requirements that enrollees pay a portion of
86	86	the plan premium, the] commission shall specify the manner of
87	87	payment for any portion of the plan premium required to be paid by
88	88	an enrollee under this section [in which the premium is paid]. The
89	89	commission may require that the premium be paid to the [Texas
90	90	Department of] Health and Human Services Commission, the [Texas]
91	91	Department of State Health [Human] Services, or the health plan
92	92	provider. The commission shall develop an option for an enrollee to
93	93	pay monthly premiums using direct debits to bank accounts or credit
94	94	cards.
95	95	SECTION 4. Section 62.154, Health and Safety Code, is
96	96	amended by amending Subsection (d) and adding Subsection (e) to
97	97	read as follows:
98	98	(d) The waiting period required by Subsection (a) for a
99	99	child whose net family income is at or below 200 percent of the
100	100	federal poverty level must:
101	101	(1) extend for a period of 90 days after the last date
102	102	on which the applicant was covered under a health benefits plan; and
103	103	(2) apply to a child who was covered by a health
104	104	benefits plan at any time during the 90 days before the date of
105	105	application for coverage under the child health plan.
106	106	(e) The waiting period required by Subsection (a) for a
107	107	child whose net family income is greater than 200 percent but not
108	108	greater than 300 percent of the federal poverty level must:
109	109	(1) extend for a period of 180 days after the last
110	110	date on which the applicant was covered under a health benefits
111	111	plan; and
112	112	(2) apply to a child who was covered by a health
113	113	benefits plan at any time during the 180 days before the date of
114	114	application for coverage under the child health plan.
115	115	SECTION 5. Subchapter D, Chapter 62, Health and Safety
116	116	Code, is amended by adding Section 62.1551 to read as follows:
117	117	Sec. 62.1551. TERMINATION OF COVERAGE FOR NONPAYMENT OF
118	118	PREMIUMS. The executive commissioner by rule shall establish a
119	119	process that allows for the termination of coverage under the child
120	120	health plan of an enrollee whose net family income is greater than
121	121	200 percent but not greater than 300 percent of the federal poverty
122	122	level if the enrollee does not pay the premiums required under
123	123	Section 62.153(a-1).
124	124	SECTION 6. Chapter 62, Health and Safety Code, is amended by
125	125	adding Subchapter F to read as follows:
126	126	SUBCHAPTER F. BUY-IN OPTION
127	127	Sec. 62.251. BUY-IN OPTION FOR CERTAIN CHILDREN. The
128	128	executive commissioner shall develop and implement a buy-in option
129	129	in accordance with this subchapter under which children whose net
130	130	family incomes exceed 300 percent, but do not exceed 400 percent, of
131	131	the federal poverty level are eligible to purchase health benefits
132	132	coverage similar to coverage available under the child health plan
133	133	program.
134	134	Sec. 62.252. RULES; ELIGIBILITY AND COST-SHARING. (a) The
135	135	executive commissioner shall adopt rules in accordance with federal
136	136	law that apply to a child for whom health benefits coverage is
137	137	purchased under this subchapter. The rules must:
138	138	(1) establish eligibility requirements, including a
139	139	requirement that a child must lack access to adequate health
140	140	benefits plan coverage through an employer-sponsored group health
141	141	benefits plan;
142	142	(2) ensure that premiums:
143	143	(A) are set at a level designed to cover the costs
144	144	of coverage for children participating in the buy-in option under
145	145	this subchapter; and
146	146	(B) progressively increase as the number of
147	147	children in the enrollee's family provided coverage increases;
148	148	(3) ensure that required premiums and costs for the
149	149	coverage for a child under this subchapter:
150	150	(A) are at least equal to the cost to the
151	151	commission of otherwise providing child health plan coverage,
152	152	including dental benefits, to another child who is the same age, and
153	153	who resides in the same state service delivery area, as the child
154	154	receiving coverage under this subchapter; and
155	155	(B) include:
156	156	(i) a fee in an amount determined by the
157	157	commission to offset all or part of the cost of prescription drugs
158	158	provided to enrollees under this subchapter;
159	159	(ii) fees to offset administrative costs
160	160	incurred under this subchapter; and
161	161	(iii) additional deductibles, coinsurance,
162	162	or other cost-sharing payments as determined by the executive
163	163	commissioner; and
164	164	(4) include an option for an enrollee to pay monthly
165	165	premiums using direct debits to bank accounts or credit cards.
166	166	(a-1) The rules adopted under Subsection (a)(1) must
167	167	provide that a child is eligible for health benefits coverage under
168	168	this subchapter only if the child was eligible for the medical
169	169	assistance program under Chapter 32, Human Resources Code, or the
170	170	child health plan program under Section 62.101 and was enrolled in
171	171	the applicable program, but the child's enrollment was not renewed
172	172	because, at the time of the eligibility redetermination, the
173	173	child's net family income exceeded the limit specified by Section
174	174	62.101.
175	175	(b) Notwithstanding any other provision of this chapter,
176	176	the executive commissioner may establish rules, benefit coverage,
177	177	and procedures for children for whom health benefits coverage is
178	178	purchased under this subchapter that differ from the rules, benefit
179	179	coverage, and procedures generally applicable to the child health
180	180	plan program.
181	181	Sec. 62.253. CROWD-OUT. To the extent allowed by federal
182	182	law, the buy-in option developed under this subchapter must include
183	183	provisions designed to discourage:
184	184	(1) employers and other persons from electing to
185	185	discontinue offering health benefits plan coverage for employees'
186	186	children under employee or other group health benefits plans; and
187	187	(2) individuals with access to adequate health
188	188	benefits plan coverage for their children through an
189	189	employer-sponsored group health benefits plan, as determined by the
190	190	executive commissioner, from electing not to obtain, or to
191	191	discontinue, that coverage.
192	192	Sec. 62.254. POINT-OF-SERVICE COPAYMENT. The commission
193	193	shall establish point-of-service copayments for the buy-in option
194	194	developed under this subchapter that are higher than
195	195	point-of-service copayments required for a child whose net family
196	196	income is at or below 300 percent of the federal poverty level.
197	197	Sec. 62.255. LOCK-OUT. (a) In this section, "lock-out
198	198	period" means a period after coverage is terminated for nonpayment
199	199	of premiums, during which a child may not be re-enrolled in the
200	200	child health plan program.
201	201	(b) The commission shall include a lock-out period for the
202	202	buy-in option developed under this subchapter for the purpose of
203	203	providing a disincentive for a parent to drop a child's coverage
204	204	when a child is healthy and re-enroll only when health care needs
205	205	occur.
206	206	SECTION 7. Sections 62.002(2) and (4), Health and Safety
207	207	Code, are amended to read as follows:
208	208	(2) "Executive commissioner" or "commissioner
209	209	[Commissioner]" means the executive commissioner of the Health
210	210	[health] and Human Services Commission [human services].
211	211	(4) "Net family income" means the amount of income
212	212	established for a family after reduction for offsets for child care
213	213	expenses and child support payments, in accordance with standards
214	214	applicable under the Medicaid program.
215	215	SECTION 8. Subchapter C, Chapter 62, Health and Safety
216	216	Code, is amended by adding Section 62.1012 to read as follows:
217	217	Sec. 62.1012. EXCLUSION OF COLLEGE SAVINGS PLANS. For
218	218	purposes of determining whether a child meets family income and
219	219	resource requirements for eligibility for the child health plan,
220	220	the commission may not consider as income or resources a right to
221	221	assets held in or a right to receive payments or benefits under any
222	222	of the following:
223	223	(1) any fund or plan established under Subchapter F or
224	224	H, Chapter 54, Education Code, including an interest in a prepaid
225	225	tuition contract;
226	226	(2) any fund or plan established under Subchapter G,
227	227	Chapter 54, Education Code, including an interest in a savings
228	228	trust account;
229	229	(3) any qualified tuition program of any state that
230	230	meets the requirements of Section 529, Internal Revenue Code of
231	231	1986; or
232	232	(4) any taxable credit-only savings account that is
233	233	opened in a child's name and gifted to the child by a postsecondary
234	234	education awards program and that is exclusively accessible by the
235	235	program administrator.
236	236	SECTION 9. Subchapter B, Chapter 531, Government Code, is
237	237	amended by adding Section 531.0992 to read as follows:
238	238	Sec. 531.0992. COMMUNITY OUTREACH FOR BENEFITS PROGRAMS.
239	239	(a) In this section, "benefits program" includes:
240	240	(1) the child health plan program;
241	241	(2) the financial assistance program under Chapter 31,
242	242	Human Resources Code;
243	243	(3) the medical assistance program under Chapter 32,
244	244	Human Resources Code, including long-term care services provided
245	245	under the program; and
246	246	(4) the food stamp program under Chapter 33, Human
247	247	Resources Code.
248	248	(b) The commission shall improve the effectiveness of
249	249	community outreach efforts with respect to benefits programs. To
250	250	improve that effectiveness, the commission shall:
251	251	(1) increase the capacity of existing outreach efforts
252	252	implemented through community-based organizations by providing
253	253	those organizations with adequate resources to:
254	254	(A) educate the public about benefits programs;
255	255	(B) provide assistance to the public in
256	256	completing applications for eligibility or recertification of
257	257	eligibility and obtaining required documentation for applications;
258	258	and
259	259	(C) assist applicants in resolving problems
260	260	encountered during the eligibility determination process;
261	261	(2) establish a partnership with stakeholders who will
262	262	provide outreach and application assistance by:
263	263	(A) fostering the exchange of information
264	264	regarding, and promoting, best practices for obtaining health
265	265	benefits coverage for children;
266	266	(B) assisting the commission in designing and
267	267	implementing processes to reduce procedural denials; and
268	268	(C) disseminating successful outreach models
269	269	across this state under which entities such as hospitals, school
270	270	districts, and local businesses partner to identify children
271	271	without health benefits coverage; and
272	272	(3) focus the outreach efforts particularly on
273	273	enrolling eligible persons in the child health plan program and the
274	274	medical assistance program under Chapter 32, Human Resources Code.
275	275	(c) The partnership established under Subsection (b)(2)
276	276	must include entities that contract with the commission to perform
277	277	child health plan and medical assistance program eligibility
278	278	determination and enrollment functions, community-based
279	279	organizations that contract with the commission, health benefit
280	280	plan providers, Texas Health Steps program contractors, health care
281	281	providers, consumer advocates, and other interested stakeholders.
282	282	(d) The commission may also improve the effectiveness of
283	283	community outreach efforts with respect to benefits programs by
284	284	contracting with one or more persons to provide outreach and
285	285	application assistance for the programs. The commission shall
286	286	require each potential contractor under this subsection to indicate
287	287	the person's interest in writing before submitting a proposal for a
288	288	contract. If more than one person from a geographic area determined
289	289	by the commission submits a letter of interest, the commission
290	290	shall encourage the persons from that area to collaborate on a
291	291	proposal for a contract.
292	292	(e) To the extent practicable, the commission shall give
293	293	preference in awarding contracts under Subsection (d) to proposals
294	294	submitted by collaborations that include multiple entities with
295	295	experience in serving a variety of populations, including
296	296	populations that more commonly enroll in or receive benefits under
297	297	benefits programs.
298	298	SECTION 10. Subchapter B, Chapter 531, Government Code, is
299	299	amended by adding Section 531.02417 to read as follows:
300	300	Sec. 531.02417. RECEIPT OF TEMPORARY INCREASED MEDICAID
301	301	FMAP AND DSH ALLOTMENT. (a) In this section:
302	302	(1) "DSH allotment" means the federal funding
303	303	allotment provided under the disproportionate share hospital
304	304	supplemental payment program.
305	305	(2) "Medicaid FMAP" means the federal medical
306	306	assistance percentage by which state Medicaid expenditures are
307	307	matched with federal funds.
308	308	(b) The commission shall take all actions necessary to
309	309	qualify this state for the temporary increase in the Medicaid FMAP
310	310	authorized by Section 5001, American Recovery and Reinvestment Act
311	311	of 2009 (Pub. L. No. 111-5), and for the temporary increase in this
312	312	state's DSH allotment authorized by Section 5002, American Recovery
313	313	and Reinvestment Act of 2009 (Pub. L. No. 111-5).
314	314	SECTION 11. Subchapter D, Chapter 62, Health and Safety
315	315	Code, is amended by adding Section 62.160 to read as follows:
316	316	Sec. 62.160. PROSPECTIVE PAYMENT SYSTEM FOR CERTAIN
317	317	SERVICES. (a) In this section:
318	318	(1) "Federally-qualified health center" has the
319	319	meaning assigned by Section 1905(l)(2)(B), Social Security Act (42
320	320	U.S.C. Section 1396d(l)(2)(B)).
321	321	(2) "Federally-qualified health center services" has
322	322	the meaning assigned by Section 1905(l)(2)(A), Social Security Act
323	323	(42 U.S.C. Section 1396d(l)(2)(A)).
324	324	(3) "Rural health clinic" and "rural health clinic
325	325	services" have the meanings assigned by Section 1905(l)(1), Social
326	326	Security Act (42 U.S.C. Section 1396d(l)(1)).
327	327	(b) The commission shall apply the prospective payment
328	328	system established under Section 1902(bb), Social Security Act (42
329	329	U.S.C. Section 1396a(bb)), in providing child health plan coverage
330	330	for rural health clinic services provided through rural health
331	331	clinics and federally-qualified health center services provided
332	332	through federally-qualified health centers in accordance with
333	333	Section 2107(e)(1), Social Security Act (42 U.S.C. Section
334	334	1397gg(e)(1)).
335	335	SECTION 12. Chapter 531, Government Code, is amended by
336	336	adding Subchapter M-1 to read as follows:
337	337	SUBCHAPTER M-1. ELIGIBILITY DETERMINATION STREAMLINING AND
338	338	IMPROVEMENT
339	339	Sec. 531.471. DEFINITIONS. In this subchapter:
340	340	(1) "Benefits program" includes:
341	341	(A) the child health plan program;
342	342	(B) the financial assistance program under
343	343	Chapter 31, Human Resources Code;
344	344	(C) the medical assistance program under Chapter
345	345	32, Human Resources Code, including long-term care services
346	346	provided under the program; and
347	347	(D) the food stamp program under Chapter 33,
348	348	Human Resources Code.
349	349	(2) "SAVERR" means the System of Application,
350	350	Verification, Eligibility, Referral, and Reporting.
351	351	(3) "TIERS" means the Texas Integrated Eligibility
352	352	Redesign System.
353	353	Sec. 531.472. CORRECTIVE ACTION PLAN. If for three
354	354	consecutive months less than 90 percent of the applications or
355	355	eligibility recertifications for benefits programs are accurately
356	356	processed through SAVERR or TIERS, or otherwise for the child
357	357	health plan program, within the applicable processing time
358	358	requirements established by state and federal law, the executive
359	359	commissioner by rule shall adopt a corrective action plan for all
360	360	benefits programs that:
361	361	(1) identifies the steps necessary to improve the
362	362	timeliness of application processing and the accuracy of
363	363	eligibility determinations; and
364	364	(2) to the extent possible within the staffing levels
365	365	authorized by the General Appropriations Act, ensures that benefits
366	366	program eligibility determinations are accurately made within
367	367	applicable processing time requirements established by state and
368	368	federal law.
369	369	Sec. 531.473. REDUCTION OF DENIALS FOR MISSING INFORMATION.
370	370	(a) The executive commissioner by rule shall adopt processes
371	371	designed to reduce denials of eligibility for benefits programs due
372	372	to information missing from an application. The processes must
373	373	include providing comprehensive information to an applicant,
374	374	enrollee, or recipient regarding acceptable documentation of
375	375	income for purposes of an eligibility determination.
376	376	(b) Before imposing a denial of eligibility for a benefits
377	377	program for failure to provide information needed to complete an
378	378	application, including an application for recertification, the
379	379	commission shall:
380	380	(1) attempt to contact the applicant, enrollee, or
381	381	recipient by telephone or mail to describe the specific information
382	382	that must be provided to complete the application; and
383	383	(2) allow the person a period of at least 10 business
384	384	days to provide the missing information instead of requiring the
385	385	person to submit a new application.
386	386	Sec. 531.474. CALL RESOLUTION STANDARDS. The executive
387	387	commissioner shall establish telephone call resolution standards
388	388	and processes for each call center established under Section
389	389	531.063, including a call center operated by a contractor, to
390	390	ensure that telephone calls regarding questions, issues, or
391	391	complaints received at call centers are accurately handled by call
392	392	center staff and are successfully resolved by call center or agency
393	393	staff.
394	394	SECTION 13. Subchapter A, Chapter 31, Human Resources Code,
395	395	is amended by adding Section 31.0039 to read as follows:
396	396	Sec. 31.0039. EXCLUSION OF COLLEGE SAVINGS PLANS. For
397	397	purposes of determining the amount of financial assistance granted
398	398	to an individual under this chapter for the support of dependent
399	399	children or determining whether the family meets household income
400	400	and resource requirements for financial assistance under this
401	401	chapter, the department may not consider the right to assets held in
402	402	or the right to receive payments or benefits under any of the
403	403	following:
404	404	(1) any fund or plan established under Subchapter F or
405	405	H, Chapter 54, Education Code, including an interest in a prepaid
406	406	tuition contract;
407	407	(2) any fund or plan established under Subchapter G,
408	408	Chapter 54, Education Code, including an interest in a savings
409	409	trust account;
410	410	(3) any qualified tuition program of any state that
411	411	meets the requirements of Section 529, Internal Revenue Code of
412	412	1986; or
413	413	(4) any taxable credit-only savings account that is
414	414	opened in a child's name and gifted to the child by a postsecondary
415	415	education awards program and that is exclusively accessible by the
416	416	program administrator.
417	417	SECTION 14. Subchapter B, Chapter 32, Human Resources Code,
418	418	is amended by adding Section 32.02611 to read as follows:
419	419	Sec. 32.02611. EXCLUSION OF COLLEGE SAVINGS PLANS. (a)
420	420	Except as provided by Subsection (b), in determining eligibility
421	421	and need for medical assistance, the department may not consider as
422	422	assets or resources a right to assets held in or a right to receive
423	423	payments or benefits under any of the following:
424	424	(1) any fund or plan established under Subchapter F or
425	425	H, Chapter 54, Education Code, including an interest in a prepaid
426	426	tuition contract;
427	427	(2) any fund or plan established under Subchapter G,
428	428	Chapter 54, Education Code, including an interest in a savings
429	429	trust account;
430	430	(3) any qualified tuition program of any state that
431	431	meets the requirements of Section 529, Internal Revenue Code of
432	432	1986; or
433	433	(4) any taxable credit-only savings account that is
434	434	opened in a child's name and gifted to the child by a postsecondary
435	435	education awards program and that is exclusively accessible by the
436	436	program administrator.
437	437	(b) In determining eligibility and need for medical
438	438	assistance for an applicant who may be eligible on the basis of the
439	439	applicant's eligibility for medical assistance for the aged, blind,
440	440	or disabled under 42 U.S.C. Section 1396a(a)(10) the department may
441	441	consider as assets or resources a right to assets held in or a right
442	442	to receive payments or benefits under any fund, plan, or tuition
443	443	program described by Subsection (a).
444	444	(c) Notwithstanding Subsection (b), the department shall
445	445	seek a federal waiver authorizing the department to exclude, for
446	446	purposes of determining the eligibility of an applicant described
447	447	by that subsection, the right to assets held in or a right to
448	448	receive payments or benefits under any fund, plan, or tuition
449	449	program described by Subsection (a) if the fund, plan, or tuition
450	450	program was established before the 21st birthday of the beneficiary
451	451	of the fund, plan, or tuition program.
452	452	SECTION 15. Chapter 33, Human Resources Code, is amended by
453	453	adding Section 33.0151 to read as follows:
454	454	Sec. 33.0151. FOOD STAMP ELIGIBILITY PERIOD AND PERIODIC
455	455	REPORTING REQUIREMENTS. (a) The department, to the maximum extent
456	456	allowed by federal law, shall provide that a person who is
457	457	determined to be eligible for benefits under the food stamp program
458	458	remains eligible for those benefits for a period of at least 12
459	459	months unless the department determines that a shorter eligibility
460	460	period is necessary to ensure program integrity.
461	461	(b) The department may require food stamp recipients to
462	462	periodically report changes in household circumstances in
463	463	accordance with Section 6(c)(1)(A), Food and Nutrition Act of 2008
464	464	(7 U.S.C. Section 2015(c)(1)(A)).
465	465	SECTION 16. (a) In this section:
466	466	(1) "Child health plan program" means the state child
467	467	health plan program established under Chapter 62, Health and Safety
468	468	Code.
469	469	(2) "Commission" means the Health and Human Services
470	470	Commission.
471	471	(3) "Executive commissioner" means the executive
472	472	commissioner of the Health and Human Services Commission.
473	473	(4) "Medicaid" means the medical assistance program
474	474	under Chapter 32, Human Resources Code.
475	475	(b) Not later than September 1, 2010, the executive
476	476	commissioner by rule shall develop a strategic plan designed to:
477	477	(1) intensify community outreach and education
478	478	relating to the availability of benefits under the child health
479	479	plan and Medicaid programs; and
480	480	(2) reduce the paperwork and other administrative
481	481	burdens associated with determining eligibility for and enrolling
482	482	eligible individuals in the child health plan program and Medicaid.
483	483	(c) Not later than September 1, 2011, the commission shall
484	484	implement the plan developed under Subsection (b) of this section.
485	485	SECTION 17. (a) In this section:
486	486	(1) "FMAP" means the federal medical assistance
487	487	percentage by which state expenditures under the Medicaid program
488	488	are matched with federal funds.
489	489	(2) "Medicaid program" means the medical assistance
490	490	program under Chapter 32, Human Resources Code.
491	491	(b) Subject to Subsection (c) of this section, during the
492	492	state fiscal biennium beginning September 1, 2009, the medically
493	493	needy program under Section 32.024(i), Human Resources Code, as
494	494	amended by Chapters 198 (H.B. 2292) and 1251 (S.B. 1862), Acts of
495	495	the 78th Legislature, Regular Session, 2003, that serves certain
496	496	pregnant women, children, and caretakers must, at a minimum, serve
497	497	recipients, including adult recipients, in the same manner and at
498	498	the same level as services were provided to recipients under the
499	499	medically needy program during the state fiscal biennium ending
500	500	August 31, 2003.
501	501	(c) The Health and Human Services Commission is required to
502	502	expand the number of recipients served and the services provided in
503	503	accordance with Subsection (b) of this section only if:
504	504	(1) for any portion of the period beginning September
505	505	1, 2009, and ending December 31, 2010:
506	506	(A) this state's FMAP is increased as authorized
507	507	by Section 5001(c), American Recovery and Reinvestment Act of 2009
508	508	(Pub. L. No. 111-5); and
509	509	(B) the applicable percent used in computing that
510	510	increase is the percent specified in Section 5001(c)(3)(A)(ii) or
511	511	(iii), American Recovery and Reinvestment Act of 2009 (Pub. L. No.
512	512	111-5); and
513	513	(2) the receipt by this state of federal funds
514	514	resulting from the increased FMAP described by Subdivision (1) of
515	515	this subsection results in general revenue funds otherwise
516	516	appropriated to the Health and Human Services Commission becoming
517	517	available for the purposes of this section.
518	518	(d) The Health and Human Services Commission:
519	519	(1) may use appropriated funds that become available
520	520	as described by Subsection (c)(2) of this section for purposes of
521	521	this section; and
522	522	(2) is not required to obtain prior approval from the
523	523	governor, the Legislative Budget Board, or any other person or
524	524	entity to use those funds for purposes of this section.
525	525	(e) This section expires September 2, 2011.
526	526	SECTION 18. Sections 62.102(b) and (c) and 62.151(f),
527	527	Health and Safety Code, are repealed.
528	528	SECTION 19. Not later than January 1, 2010, the executive
529	529	commissioner of the Health and Human Services Commission shall
530	530	adopt rules as necessary to implement Subchapter F, Chapter 62,
531	531	Health and Safety Code, as added by this Act.
532	532	SECTION 20. The changes in law made by this Act apply to an
533	533	initial determination of eligibility or a recertification of
534	534	eligibility for the child health plan program under Chapter 62,
535	535	Health and Safety Code, the financial assistance program under
536	536	Chapter 31, Human Resources Code, the medical assistance program
537	537	under Chapter 32, Human Resources Code, or the food stamp program
538	538	under Chapter 33, Human Resources Code, made on or after September
539	539	1, 2009.
540	540	SECTION 21. If before implementing any provision of this
541	541	Act a state agency determines that a waiver or authorization from a
542	542	federal agency is necessary for implementation of that provision,
543	543	the agency affected by the provision shall request the waiver or
544	544	authorization and may delay implementing that provision until the
545	545	waiver or authorization is granted.
546	546	SECTION 22. This Act takes effect September 1, 2009.