86R910 MM-D
By: White H.B. No. 72
A BILL TO BE ENTITLED
AN ACT
relating to the continuation of Medicaid benefits provided to
certain children adopted from the conservatorship of the Department
of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 162.304(b-1) and (f), Family Code, are
amended to read as follows:
(b-1) Subject to the availability of funds, the department
shall pay a $150 subsidy each month for the premiums for health
benefits coverage for a child with respect to whom a court has
entered a final order of adoption if the child:
(1) was in the conservatorship of the department at
the time of the child's adoptive placement;
(2) after the adoption, is not eligible for or is not
receiving medical assistance under Chapter 32, Human Resources
Code; and
(3) is younger than 18 years of age.
(f) Subject to the availability of funds, the department
shall work with the Health and Human Services Commission and the
federal government to develop a program to provide medical
assistance under Chapter 32, Human Resources Code, to children who
were in the conservatorship of the department at the time of
adoptive placement and need medical or rehabilitative care but do
not qualify for:
(1) adoption assistance under this section; or
(2) the continuation of medical assistance benefits
under Section 533.00531, Government Code.
SECTION 2. Subchapter A, Chapter 533, Government Code, is
amended by adding Section 533.00531 to read as follows:
Sec. 533.00531. STAR HEALTH PROGRAM: CONTINUATION OF
BENEFITS FOR CERTAIN RECIPIENTS. (a) The commission, in
consultation with the Department of Family and Protective Services,
shall develop and implement a program that will allow the adoptive
parent of a recipient with a chronic health condition who, because
of the recipient's adoption, will no longer be in the
conservatorship of the department to elect on behalf of the
recipient to continue receiving benefits under the STAR Health
Medicaid managed care program or another Medicaid managed care
program already in existence or created for purposes of this
section.
(b) The program required by this section must:
(1) ensure each recipient receives benefits under the
STAR Health Medicaid managed care program or other Medicaid managed
care program that are comparable to the benefits the recipient
would have received had the recipient remained in the
conservatorship of the Department of Family and Protective
Services; and
(2) protect the continuity of care for each recipient
and, if applicable, ensure coordination between the STAR Health
Medicaid managed care program and any Medicaid managed care program
to which the provision of health care benefits for the recipient
will transition.
SECTION 3. As soon as possible after the effective date of
this Act, the Health and Human Services Commission shall apply for
and actively pursue from the federal Centers for Medicare and
Medicaid Services or other appropriate federal agency any waiver or
other authorization necessary to implement Section 533.00531,
Government Code, as added by this Act. The commission may delay
implementing this Act until the waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2019.