Texas 2009 - 81st Regular

Texas Senate Bill SB187 Compare Versions

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Old	New	Differences
1	1	S.B. No. 187
2	2
3	3
4	4	AN ACT
5	5	relating to a Medicaid buy-in program for certain children with
6	6	disabilities.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 531.02444, Government Code, is amended
9	9	to read as follows:
10	10	Sec. 531.02444. MEDICAID BUY-IN PROGRAMS [PROGRAM] FOR
11	11	CERTAIN PERSONS WITH DISABILITIES. (a) The executive
12	12	commissioner shall develop and implement:
13	13	(1) a Medicaid buy-in program for persons with
14	14	disabilities as authorized by the Ticket to Work and Work
15	15	Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
16	16	Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
17	17	(2) as authorized by the Deficit Reduction Act of 2005
18	18	(Pub. L. No. 109-171), a Medicaid buy-in program for disabled
19	19	children described by 42 U.S.C. Section 1396a(cc)(1) whose family
20	20	incomes do not exceed 300 percent of the applicable federal poverty
21	21	level.
22	22	(b) The executive commissioner shall adopt rules in
23	23	accordance with federal law that provide for:
24	24	(1) eligibility requirements for each [the] program
25	25	described by Subsection (a); and
26	26	(2) requirements for participants in the program to
27	27	pay premiums or cost-sharing payments, subject to Subsection (c).
28	28	(c) Rules adopted by the executive commissioner under
29	29	Subsection (b) with respect to the program for disabled children
30	30	described by Subsection (a)(2) must require a participant to pay
31	31	monthly premiums according to a sliding scale that is based on
32	32	family income, subject to the requirements of 42 U.S.C. Sections
33	33	1396o(i)(2) and (3).
34	34	SECTION 2. Not later than December 1, 2009, the executive
35	35	commissioner of the Health and Human Services Commission shall
36	36	develop and implement the Medicaid buy-in program for disabled
37	37	children under Section 531.02444, Government Code, as amended by
38	38	this Act.
39	39	SECTION 3. If before implementing any provision of this Act
40	40	a state agency determines that a waiver or authorization from a
41	41	federal agency is necessary for implementation of that provision,
42	42	the agency affected by the provision shall request the waiver or
43	43	authorization and may delay implementing that provision until the
44	44	waiver or authorization is granted.
45	45	SECTION 4. This Act does not make an appropriation. This
46	46	Act takes effect only if a specific appropriation for the
47	47	implementation of the Act is provided in a general appropriations
48	48	act of the 81st Legislature.
49	49	SECTION 5. This Act takes effect September 1, 2009.
50	50	______________________________ ______________________________
51	51	President of the Senate Speaker of the House
52	52	I hereby certify that S.B. No. 187 passed the Senate on
53	53	April 23, 2009, by the following vote: Yeas 29, Nays 1.
54	54	______________________________
55	55	Secretary of the Senate
56	56	I hereby certify that S.B. No. 187 passed the House on
57	57	May 1, 2009, by the following vote: Yeas 124, Nays 6, one present
58	58	not voting.
59	59	______________________________
60	60	Chief Clerk of the House
61	61	Approved:
62	62	______________________________
63	63	Date
64	64	______________________________
65	65	Governor