| 1 | 1 | | 81R5144 KFF-D |
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| 2 | 2 | | By: Eiland H.B. No. 676 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to eligibility for the child health plan. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 62.101(b), Health and Safety Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (b) The commission shall establish income eligibility |
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| 12 | 12 | | levels consistent with Title XXI, Social Security Act (42 U.S.C. |
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| 13 | 13 | | Section 1397aa et seq.), as amended, and any other applicable law or |
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| 14 | 14 | | regulations, and subject to the availability of appropriated money, |
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| 15 | 15 | | so that a child who is younger than 19 years of age and whose net |
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| 16 | 16 | | family income is at or below 300 [200] percent of the federal |
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| 17 | 17 | | poverty level is eligible for health benefits coverage under the |
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| 18 | 18 | | program. In addition, the commission may establish eligibility |
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| 19 | 19 | | standards regarding the amount and types of allowable assets for a |
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| 20 | 20 | | family whose net family income is above 250 [150] percent of the |
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| 21 | 21 | | federal poverty level. |
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| 22 | 22 | | SECTION 2. Section 62.102(b), Health and Safety Code, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (b) During the sixth month following the date of initial |
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| 25 | 25 | | enrollment or reenrollment of an individual whose net family income |
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| 26 | 26 | | exceeds 285 [185] percent of the federal poverty level, the |
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| 27 | 27 | | commission shall: |
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| 28 | 28 | | (1) review the individual's net family income and may |
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| 29 | 29 | | use electronic technology if available and appropriate; and |
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| 30 | 30 | | (2) continue to provide coverage if the individual's |
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| 31 | 31 | | net family income does not exceed the income eligibility limits |
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| 32 | 32 | | prescribed by this chapter. |
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| 33 | 33 | | SECTION 3. Section 62.101(b), Health and Safety Code, as |
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| 34 | 34 | | amended by this Act, applies to a determination of eligibility of a |
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| 35 | 35 | | person for coverage under the child health plan under Chapter 62, |
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| 36 | 36 | | Health and Safety Code, made on or after the effective date of this |
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| 37 | 37 | | Act, regardless of the date the person applied for that coverage. |
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| 38 | 38 | | SECTION 4. Section 62.102(b), Health and Safety Code, as |
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| 39 | 39 | | amended by this Act, applies to an enrollee under the child health |
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| 40 | 40 | | plan under Chapter 62, Health and Safety Code, beginning on the |
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| 41 | 41 | | effective date of this Act, regardless of the date the enrollment |
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| 42 | 42 | | period began. |
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| 43 | 43 | | SECTION 5. If before implementing any provision of this Act |
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| 44 | 44 | | a state agency determines that a waiver or authorization from a |
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| 45 | 45 | | federal agency is necessary for implementation of that provision, |
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| 46 | 46 | | the agency affected by the provision shall request the waiver or |
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| 47 | 47 | | authorization and may delay implementing that provision until the |
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| 48 | 48 | | waiver or authorization is granted. |
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| 49 | 49 | | SECTION 6. This Act takes effect September 1, 2009. |
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