Texas 2019 - 86th Regular

Texas House Bill HB72 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 72
	1	+	By: White, et al. (Senate Sponsor - Paxton) H.B. No. 72
	2	+	(In the Senate - Received from the House May 2, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	May 17, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 72 By: Perry
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the provision of Medicaid benefits to certain children
6	14		formerly in the conservatorship of the Department of Family and
7	15		Protective Services.
8	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	17		SECTION 1. Section 162.304(b-1), Family Code, is amended to
10	18		read as follows:
11	19		(b-1) Subject to the availability of funds, the department
12	20		shall pay a $150 subsidy each month for the premiums for health
13	21		benefits coverage for a child with respect to whom a court has
14	22		entered a final order of adoption if the child:
15	23		(1) was in the conservatorship of the department at
16	24		the time of the child's adoptive placement;
17	25		(2) after the adoption, is not receiving [eligible
18	26		for] medical assistance under Chapter 32, Human Resources Code; and
19	27		(3) is younger than 18 years of age.
20	28		SECTION 2. Subchapter A, Chapter 533, Government Code, is
21	29		amended by adding Section 533.00531 to read as follows:
22	30		Sec. 533.00531. MEDICAID BENEFITS FOR CERTAIN CHILDREN
23	31		FORMERLY IN FOSTER CARE. (a) This section applies only with
24	32		respect to a child who:
25	33		(1) resides in this state; and
26	34		(2) is eligible for assistance or services under:
27	35		(A) Subchapter D, Chapter 162, Family Code; or
28	36		(B) Subchapter K, Chapter 264, Family Code.
29	37		(b) Except as provided by Subsection (c), the commission
30	38		shall ensure that each child described by Subsection (a) remains or
31	39		is enrolled in the STAR Health program unless or until the child is
32	40		enrolled in another Medicaid managed care program.
33	41		(c) If a child described by Subsection (a) received
34	42		Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.)
35	43		or was receiving Supplemental Security Income before becoming
36	44		eligible for assistance or services under Subchapter D, Chapter
37	45		162, Family Code, or Subchapter K, Chapter 264, Family Code, as
38	46		applicable, the child may receive Medicaid benefits in accordance
39	47		with the program established under this subsection. To the extent
40	48		permitted by federal law, the commission, in consultation with the
41	49		Department of Family and Protective Services, shall develop and
42	50		implement a program that allows the adoptive parent or permanent
43	51		managing conservator of a child described by this subsection to
44	52		elect on behalf of the child to receive or, if applicable, continue
45	53		receiving Medicaid benefits under the:
46	54		(1) STAR Health program; or
47	55		(2) STAR Kids managed care program.
48	56		(d) The commission shall protect the continuity of care for
49	57		each child described under this section and, if applicable, ensure
50	58		coordination between the STAR Health program and any other Medicaid
51	59		managed care program for each child who is transitioning between
52	60		Medicaid managed care programs.
53	61		(e) The executive commissioner shall adopt rules necessary
54	62		to implement this section.
55	63		SECTION 3. Section 162.304(f), Family Code, is repealed.
56	64		SECTION 4. As soon as possible after the effective date of
57	65		this Act, the Health and Human Services Commission shall apply for
58	66		and actively pursue from the federal Centers for Medicare and
59	67		Medicaid Services or other appropriate federal agency any waiver or
60	68		other authorization necessary to implement Section 533.00531,
61	69		Government Code, as added by this Act. The commission may delay
62	70		implementing this Act until the waiver or authorization is granted.
63	71		SECTION 5. The Health and Human Services Commission is
64	72		required to implement a provision of this Act only if the
65	73		legislature appropriates money specifically for that purpose. If
66	74		the legislature does not appropriate money specifically for that
67	75		purpose, the commission may, but is not required to, implement a
68	76		provision of this Act using other appropriations available for that
69	77		purpose.
70	78		SECTION 6. This Act takes effect September 1, 2019.
71		-	______________________________ ______________________________
72		-	President of the Senate Speaker of the House
73		-	I certify that H.B. No. 72 was passed by the House on May 2,
74		-	2019, by the following vote: Yeas 140, Nays 2, 1 present, not
75		-	voting; and that the House concurred in Senate amendments to H.B.
76		-	No. 72 on May 23, 2019, by the following vote: Yeas 142, Nays 0, 1
77		-	present, not voting.
78		-	______________________________
79		-	Chief Clerk of the House
80		-	I certify that H.B. No. 72 was passed by the Senate, with
81		-	amendments, on May 20, 2019, by the following vote: Yeas 28, Nays
82		-	3.
83		-	______________________________
84		-	Secretary of the Senate
85		-	APPROVED: __________________
86		-	Date
87		-	__________________
88		-	Governor
	79	+	* * * * *