82R4917 KLA-D
By: Zaffirini S.B. No. 1446
A BILL TO BE ENTITLED
AN ACT
relating to modifications of eligibility criteria, processes, and
systems used in certain state benefits programs designed to improve
efficiency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 531, Government Code, is
amended by adding Section 531.192 to read as follows:
Sec. 531.192. ELIGIBILITY SYSTEM ACCOMMODATION OF CHANGES
TO BENEFITS PROGRAMS AND HEALTH BENEFITS COVERAGE OPTIONS. (a) In
this section, "eligibility system" means the following information
technology and data processing systems used in the delivery of
health and human services benefits programs, and any modifications
made to the systems under Subchapter M before the expiration of that
subchapter:
(1) the Texas Integrated Eligibility Redesign System
(TIERS);
(2) the System of Application, Verification,
Eligibility, Referral, and Reporting (SAVERR);
(3) integration processes and practices that
facilitate interactions between the systems described by
Subdivisions (1) and (2) and allow for the exchange of information
between those systems; and
(4) delivery processes and practices that directly
leverage the systems described by Subdivisions (1) and (2) and
involve interactions with applicants for and recipients of health
and human services program benefits.
(b) The commission may make modifications to the
eligibility system that the commission considers necessary to
support the following goals:
(1) improve the eligibility system's efficiency;
(2) control costs related to eligibility
determinations, including through modifications designed to reduce
future eligibility system staffing needs;
(3) accommodate projected caseload growth;
(4) prepare for implementation of the Patient
Protection and Affordable Care Act (Pub. L. No. 111-148) as amended
by the Health Care and Education Reconciliation Act of 2010 (Pub. L.
No. 111-152); and
(5) ensure that the eligibility system provides
seamless transitions with respect to eligibility determinations
and enrollments among:
(A) the medical assistance program;
(B) the child health plan program; and
(C) any health insurance exchange created to
facilitate the purchase of individual and small group health
coverage and the enrollment of eligible individuals in qualified
health plans.
(c) For purposes of supporting the goal of improving the
efficiency of the eligibility system specified by Subsection
(b)(1), the commission shall consider implementing additional
options for remotely submitting a benefits program application and
reducing the number of contacts between an applicant and an
eligibility determination caseworker that are required to process
the application.
SECTION 2. Subchapter B, Chapter 31, Human Resources Code,
is amended by adding Section 31.0321 to read as follows:
Sec. 31.0321. STANDARDIZATION OF ELIGIBILITY CRITERIA AND
PROCESSES ACROSS BENEFITS PROGRAMS. (a) In this section, "medical
assistance program" means the medical assistance program operated
under Chapter 32.
(b) To the extent permitted by federal law and
notwithstanding Section 31.032 or any other law, on or before
January 1, 2014, the executive commissioner of the Health and Human
Services Commission by rule may adopt or modify eligibility
criteria and processes applicable to the financial assistance
program as necessary to ensure that the criteria and processes will
be consistent with the criteria and processes applicable to the
medical assistance program required by:
(1) the Patient Protection and Affordable Care Act
(Pub. L. No. 111-148) as amended by the Health Care and Education
Reconciliation Act of 2010 (Pub. L. No. 111-152); and
(2) federal regulations adopted under those acts.
(c) Eligibility criteria and processes adopted under
Subsection (b), or modifications to eligibility criteria and
processes made under that subsection, for purposes of determining
eligibility for the financial assistance program may include to the
extent permitted by federal law:
(1) eliminating assets and resources tests as those
tests are eliminated by 42 U.S.C. Section 1396a(e)(14)(C) and
federal regulations for purposes of determining eligibility for the
medical assistance program;
(2) establishing modified adjusted gross income of an
individual as the basis for determining income eligibility, and
defining that income in the same manner the income is defined by 42
U.S.C. Section 1396a(e)(14)(A);
(3) adopting clear criteria defining an applicant's
household size that are consistent with the criteria used for
purposes of determining eligibility for the medical assistance
program; and
(4) simplifying and standardizing eligibility
documentation and verification requirements in a manner that is
consistent with the requirements applicable in determining
eligibility for the medical assistance program.
SECTION 3. Section 33.0006, Human Resources Code, is
amended to read as follows:
Sec. 33.0006. OPERATION OF SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM; REFERENCES TO FOOD STAMP PROGRAM. (a) The
Health and Human Services Commission operates the supplemental
nutrition assistance program.
(b) A reference in law to the food stamp program means the
supplemental nutrition assistance program.
SECTION 4. Chapter 33, Human Resources Code, is amended by
adding Sections 33.0151 and 33.0152 to read as follows:
Sec. 33.0151. STANDARDIZATION OF ELIGIBILITY CRITERIA AND
PROCESSES ACROSS BENEFITS PROGRAMS. (a) In this section, "medical
assistance program" means the medical assistance program operated
under Chapter 32.
(b) To the extent permitted by federal law and
notwithstanding any other law, on or before January 1, 2014, the
executive commissioner of the Health and Human Services Commission
by rule may adopt or modify eligibility criteria and processes
applicable to the supplemental nutrition assistance program as
necessary to ensure that the criteria and processes will be
consistent with the criteria and processes applicable to the
medical assistance program required by:
(1) the Patient Protection and Affordable Care Act
(Pub. L. No. 111-148) as amended by the Health Care and Education
Reconciliation Act of 2010 (Pub. L. No. 111-152); and
(2) federal regulations adopted under those acts.
(c) Eligibility criteria and processes adopted under
Subsection (b), or modifications to eligibility criteria and
processes made under that subsection, for purposes of determining
eligibility for the supplemental nutrition assistance program may
include to the extent permitted by federal law:
(1) eliminating assets and resources tests as those
tests are eliminated by 42 U.S.C. Section 1396a(e)(14)(C) and
federal regulations for purposes of determining eligibility for the
medical assistance program;
(2) establishing modified adjusted gross income of an
individual as the basis for determining income eligibility, and
defining that income in the same manner the income is defined by 42
U.S.C. Section 1396a(e)(14)(A);
(3) adopting clear criteria defining an applicant's
household size that are consistent with the criteria used for
purposes of determining eligibility for the medical assistance
program; and
(4) simplifying and standardizing eligibility
documentation and verification requirements in a manner that is
consistent with the requirements applicable in determining
eligibility for the medical assistance program.
Sec. 33.0152. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM:
PERIOD OF ELIGIBILITY. To the extent permitted by federal law, the
department shall provide that an individual who is determined to be
eligible for supplemental nutrition assistance program benefits
remains eligible for those benefits until the end of a period not to
exceed 12 months, beginning the first day of the month following the
date of the eligibility determination.
SECTION 5. Section 31.0325, Human Resources Code, is
repealed.
SECTION 6. On the effective date of this Act, the Health and
Human Services Commission and each health and human services
agency, as defined by Section 531.001, Government Code, shall
discontinue using electronic fingerprint-imaging or photo-imaging
of applicants for and recipients of financial assistance under
Chapter 31, Human Resources Code, or supplemental nutrition
assistance program benefits under Chapter 33, Human Resources Code.
SECTION 7. 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 8. This Act takes effect September 1, 2011.