| 1 | 1 | | 86R12186 MM-D |
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| 2 | 2 | | By: Lopez H.B. No. 4757 |
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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 provision of Medicaid benefits to certain former |
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| 8 | 8 | | foster care youth. |
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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. Subchapter B, Chapter 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.02473 to read as follows: |
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| 12 | 12 | | Sec. 32.02473. MEDICAL ASSISTANCE FOR CERTAIN FORMER FOSTER |
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| 13 | 13 | | CARE YOUTH. (a) Notwithstanding Sections 32.0247 and 32.02471, |
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| 14 | 14 | | the commission shall provide medical assistance to a former foster |
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| 15 | 15 | | care youth regardless of the youth's income, assets, or resources |
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| 16 | 16 | | if the youth: |
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| 17 | 17 | | (1) is younger than 26 years of age; and |
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| 18 | 18 | | (2) was in foster care, including in the |
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| 19 | 19 | | conservatorship of the Department of Family and Protective |
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| 20 | 20 | | Services, and receiving medical assistance at the time the youth, |
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| 21 | 21 | | because of the youth's age, transitioned out of foster care, |
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| 22 | 22 | | including a youth who was in foster care in another state or |
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| 23 | 23 | | territory. |
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| 24 | 24 | | (b) The executive commissioner shall adopt rules necessary |
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| 25 | 25 | | to implement this section. |
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| 26 | 26 | | SECTION 2. As soon as practicable after the effective date |
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| 27 | 27 | | of this Act, the executive commissioner of the Health and Human |
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| 28 | 28 | | Services Commission shall apply for and actively pursue a waiver |
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| 29 | 29 | | under Section 1115 of the federal Social Security Act (42 U.S.C. |
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| 30 | 30 | | Section 1315) to the state Medicaid plan from the federal Centers |
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| 31 | 31 | | for Medicare and Medicaid Services or any other federal agency to |
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| 32 | 32 | | implement Section 32.02473, Human Resources Code, as added by this |
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| 33 | 33 | | Act. The commission may delay implementing Section 32.02473, Human |
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| 34 | 34 | | Resources Code, as added by this Act, until the waiver applied for |
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| 35 | 35 | | under this section is granted. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2019. |
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