1 | 1 | | 86R5467 MM-D |
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2 | 2 | | By: Neave H.B. No. 4550 |
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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 the eligibility of certain children for the Medicaid |
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8 | 8 | | and child health plan programs. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 531.02444, Government Code, is amended |
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11 | 11 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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12 | 12 | | follows: |
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13 | 13 | | (a) The executive commissioner shall develop and implement: |
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14 | 14 | | (1) a Medicaid buy-in program for persons with |
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15 | 15 | | disabilities as authorized by the Ticket to Work and Work |
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16 | 16 | | Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the |
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17 | 17 | | Balanced Budget Act of 1997 (Pub. L. No. 105-33); and |
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18 | 18 | | (2) subject to Subsection (a-1) as authorized by the |
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19 | 19 | | Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid |
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20 | 20 | | buy-in program for children with disabilities that is described by |
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21 | 21 | | 42 U.S.C. Section 1396a(cc)(1) whose family incomes do not exceed |
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22 | 22 | | 300 percent of the applicable federal poverty level. |
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23 | 23 | | (a-1) The executive commissioner may by rule increase the |
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24 | 24 | | percentage rate prescribed by Subsection (a)(2) to a rate the |
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25 | 25 | | executive commissioner determines appropriate taking into account |
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26 | 26 | | the income eligibility cap set under Section 32.024(l)(3), Human |
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27 | 27 | | Resources Code. |
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28 | 28 | | SECTION 2. Section 62.101(b), Health and Safety Code, is |
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29 | 29 | | amended to read as follows: |
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30 | 30 | | (b) The executive commissioner shall establish income |
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31 | 31 | | eligibility levels consistent with Title XXI, Social Security Act |
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32 | 32 | | (42 U.S.C. Section 1397aa et seq.), as amended, and any other |
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33 | 33 | | applicable law or regulations, and subject to the availability of |
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34 | 34 | | appropriated money, so that a child who is younger than 19 years of |
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35 | 35 | | age and whose household income is at or below 376 [200] percent of |
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36 | 36 | | the federal poverty level is eligible for health benefits coverage |
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37 | 37 | | under the program. |
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38 | 38 | | SECTION 3. Section 62.102(b), Health and Safety Code, is |
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39 | 39 | | amended to read as follows: |
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40 | 40 | | (b) During the sixth month following the date of initial |
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41 | 41 | | enrollment or reenrollment of an individual whose household income |
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42 | 42 | | exceeds 348 [185] percent of the federal poverty level, the |
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43 | 43 | | commission shall: |
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44 | 44 | | (1) review the individual's household income and may |
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45 | 45 | | use electronic technology if available and appropriate; and |
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46 | 46 | | (2) continue to provide coverage if the individual's |
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47 | 47 | | household income does not exceed the income eligibility limits |
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48 | 48 | | prescribed by this chapter. |
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49 | 49 | | SECTION 4. Section 32.024(l), Human Resources Code, is |
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50 | 50 | | amended to read as follows: |
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51 | 51 | | (l) The executive commissioner shall set the income |
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52 | 52 | | eligibility cap for medical assistance for: |
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53 | 53 | | (1) pregnant women [and infants up to age one] at not |
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54 | 54 | | less than 130 percent of the federal poverty guidelines; |
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55 | 55 | | (2) except as provided by Subdivision (3), children |
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56 | 56 | | under 19 years of age at not less than 250 percent of the federal |
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57 | 57 | | poverty guidelines; and |
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58 | 58 | | (3) children under 19 years of age with a disability at |
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59 | 59 | | not less than 300 percent of the federal poverty guidelines. |
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60 | 60 | | SECTION 5. If before implementing any provision of this Act |
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61 | 61 | | a state agency determines that an additional waiver or additional |
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62 | 62 | | authorization from a federal agency is necessary for implementation |
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63 | 63 | | of that provision, the agency affected by the provision shall |
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64 | 64 | | request the waiver or authorization and may delay implementing that |
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65 | 65 | | provision until the waiver or authorization is granted. |
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66 | 66 | | SECTION 6. This Act takes effect September 1, 2019. |
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