TX
Texas House Bill HB342

Texas 2019 - 86th Regular

Texas House Bill HB342 Compare Versions

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1-86R27731 JG-D
2- By: Cortez, Rose, Davis of Harris, Bernal, H.B. No. 342
3- Sheffield, et al.
4- Substitute the following for H.B. No. 342:
5- By: Hinojosa C.S.H.B. No. 342
1+86R2258 JG-D
2+ By: Cortez H.B. No. 342
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
10- relating to eligibility for the medical assistance program and
11- enrollment in the child health plan program.
7+ relating to the period of continuous eligibility for the medical
8+ assistance program.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Section 32.0261, Human Resources Code, is
1411 amended to read as follows:
1512 Sec. 32.0261. CONTINUOUS ELIGIBILITY. The executive
1613 commissioner shall adopt rules in accordance with 42 U.S.C. Section
1714 1396a(e)(12), as amended, to provide for a period of continuous
1815 eligibility for a child under 19 years of age who is determined to
1916 be eligible for medical assistance under this chapter. The rules
2017 shall provide that the child remains eligible for medical
2118 assistance, without additional review by the commission and
22- regardless of changes in the child's [resources or] income, until
23- the earlier of:
24- (1) the end of the six-month period following the date
25- on which the child's eligibility was determined; or
19+ regardless of changes in the child's resources or income, until the
20+ earlier of:
21+ (1) the first anniversary of [end of the six-month
22+ period following] the date on which the child's eligibility was
23+ determined; or
2624 (2) the child's 19th birthday.
27- SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
28- is amended by adding Section 32.02612 to read as follows:
29- Sec. 32.02612. PERIODIC ELIGIBILITY REVIEW FOR CERTAIN
30- RECIPIENTS; ENROLLMENT IN CHILD HEALTH PLAN. (a) During the sixth
31- month following the date on which a child's eligibility for medical
32- assistance is certified or recertified, the commission may:
33- (1) review the child's household income; and
34- (2) if the review indicates that the child's household
35- income exceeds the maximum income for eligibility for the medical
36- assistance program, request additional documentation to verify the
37- child's household income.
38- (b) The commission:
39- (1) may conduct the review under Subsection (a) using
40- electronic means, if available; and
41- (2) shall conduct the review under Subsection (a)
42- using information obtained through a third party database.
43- (c) If, after reviewing a child's household income under
44- Subsection (a), the commission determines that the household income
45- exceeds the maximum income for eligibility for the medical
46- assistance program, the commission shall continue to provide
47- medical assistance to the child until:
48- (1) the commission provides the child's parent or
49- guardian with a period of not less than 30 days to provide
50- documentation demonstrating that the child's household income does
51- not exceed the maximum income for eligibility; and
52- (2) the child's parent or guardian fails to provide the
53- documentation during the period described by Subdivision (1).
54- (d) The commission shall provide the child's parent or
55- guardian with written notice of the termination under Subsection
56- (c), if applicable. The notice must include a statement that the
57- child may be eligible for enrollment in the child health plan under
58- Chapter 62, Health and Safety Code.
59- (e) In developing the notice required under Subsection (d),
60- the commission shall consult with health care providers, children's
61- health care advocates, family members of children enrolled in the
62- medical assistance program, and other stakeholders to determine the
63- most user-friendly method to provide the notice to a child's parent
64- or guardian.
65- (f) The commission shall automatically enroll in the child
66- health plan under Chapter 62, Health and Safety Code, a child whose
67- household income as determined under this section:
68- (1) exceeds the maximum income for eligibility for the
69- medical assistance program; and
70- (2) establishes eligibility for the child to receive
71- benefits under the child health plan.
72- (g) The commission shall track and, not later than September
73- 1 of each year, prepare and submit a written report to the
74- legislature on:
75- (1) the number of children who lose eligibility for
76- medical assistance due to a procedural matter during the review
77- conducted under this section or during the recertification process;
78- (2) the procedural matters described by Subdivision
79- (1) that cause a child to lose eligibility for medical assistance;
80- (3) the number of children who lose eligibility for
81- medical assistance following the review conducted under this
82- section, not including children described by Subdivision (1);
83- (4) the number of and rate at which children described
84- by Subdivisions (1) and (3) are enrolled in the child health plan
85- under Chapter 62, Health and Safety Code, during the review
86- conducted under this section or during the recertification process;
87- and
88- (5) the number of children who lose eligibility for
89- medical assistance following the review conducted under this
90- section and who are automatically enrolled by the commission under
91- Subsection (f) in the child health plan under Chapter 62, Health and
92- Safety Code.
93- (h) The executive commissioner may adopt rules as necessary
94- to implement this section.
95- SECTION 3. If before implementing any provision of this Act
25+ SECTION 2. If before implementing any provision of this Act
9626 a state agency determines that a waiver or authorization from a
9727 federal agency is necessary for implementation of that provision,
9828 the agency affected by the provision shall request the waiver or
9929 authorization and may delay implementing that provision until the
10030 waiver or authorization is granted.
101- SECTION 4. This Act takes effect September 1, 2019.
31+ SECTION 3. This Act takes effect September 1, 2019.