86R5467 MM-D
By: Neave H.B. No. 4550
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of certain children for the Medicaid
and child health plan programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.02444, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The executive commissioner shall develop and implement:
(1) a Medicaid buy-in program for persons with
disabilities as authorized by the Ticket to Work and Work
Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
(2) subject to Subsection (a-1) as authorized by the
Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid
buy-in program for children with disabilities that is described by
42 U.S.C. Section 1396a(cc)(1) whose family incomes do not exceed
300 percent of the applicable federal poverty level.
(a-1) The executive commissioner may by rule increase the
percentage rate prescribed by Subsection (a)(2) to a rate the
executive commissioner determines appropriate taking into account
the income eligibility cap set under Section 32.024(l)(3), Human
Resources Code.
SECTION 2. Section 62.101(b), Health and Safety Code, is
amended to read as follows:
(b) The executive commissioner shall establish income
eligibility levels consistent with Title XXI, Social Security Act
(42 U.S.C. Section 1397aa et seq.), as amended, and any other
applicable law or regulations, and subject to the availability of
appropriated money, so that a child who is younger than 19 years of
age and whose household income is at or below 376 [200] percent of
the federal poverty level is eligible for health benefits coverage
under the program.
SECTION 3. Section 62.102(b), Health and Safety Code, is
amended to read as follows:
(b) During the sixth month following the date of initial
enrollment or reenrollment of an individual whose household income
exceeds 348 [185] percent of the federal poverty level, the
commission shall:
(1) review the individual's household income and may
use electronic technology if available and appropriate; and
(2) continue to provide coverage if the individual's
household income does not exceed the income eligibility limits
prescribed by this chapter.
SECTION 4. Section 32.024(l), Human Resources Code, is
amended to read as follows:
(l) The executive commissioner shall set the income
eligibility cap for medical assistance for:
(1) pregnant women [and infants up to age one] at not
less than 130 percent of the federal poverty guidelines;
(2) except as provided by Subdivision (3), children
under 19 years of age at not less than 250 percent of the federal
poverty guidelines; and
(3) children under 19 years of age with a disability at
not less than 300 percent of the federal poverty guidelines.
SECTION 5. If before implementing any provision of this Act
a state agency determines that an additional waiver or additional
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 6. This Act takes effect September 1, 2019.