81R1308 UM-D
By: Lucio III, Jackson, Martinez, Edwards, H.B. No. 67
Herrero, et al.
A BILL TO BE ENTITLED
AN ACT
relating to a medical assistance buy-in program for children with
certain developmental disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0249 to read as follows:
Sec. 32.0249. MEDICAL ASSISTANCE BUY-IN PROGRAM FOR
CHILDREN WITH DEVELOPMENTAL DISABILITIES. (a) The executive
commissioner of the Health and Human Services Commission shall
develop and implement a Medicaid buy-in program, as authorized by
the Deficit Reduction Act of 2005 (Pub. L. No. 109-171), for
children with developmental disabilities who are described by 42
U.S.C. Section 1396a(cc)(1) and whose family incomes do not exceed
300 percent of the applicable federal poverty level.
(b) The executive commissioner of the Health and Human
Services Commission shall adopt rules in accordance with federal
law that provide for:
(1) eligibility requirements for the program
described by Subsection (a); and
(2) requirements for participants in the program to
pay premiums or cost-sharing payments, subject to Subsection (c).
(c) Rules adopted by the executive commissioner of the
Health and Human Services Commission under Subsection (b) must
require a participant to pay monthly premiums according to a
sliding scale that is based on family income, subject to the
requirements of 42 U.S.C. Sections 1396o(i)(2) and (3).
SECTION 2. 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 3. This Act takes effect September 1, 2009.