H.B. No. 72
AN ACT
relating to the provision of Medicaid benefits to certain children
formerly in the conservatorship of the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.304(b-1), Family Code, is 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 receiving [eligible
for] medical assistance under Chapter 32, Human Resources Code; and
(3) is younger than 18 years of age.
SECTION 2. Subchapter A, Chapter 533, Government Code, is
amended by adding Section 533.00531 to read as follows:
Sec. 533.00531. MEDICAID BENEFITS FOR CERTAIN CHILDREN
FORMERLY IN FOSTER CARE. (a) This section applies only with
respect to a child who:
(1) resides in this state; and
(2) is eligible for assistance or services under:
(A) Subchapter D, Chapter 162, Family Code; or
(B) Subchapter K, Chapter 264, Family Code.
(b) Except as provided by Subsection (c), the commission
shall ensure that each child described by Subsection (a) remains or
is enrolled in the STAR Health program unless or until the child is
enrolled in another Medicaid managed care program.
(c) If a child described by Subsection (a) received
Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.)
or was receiving Supplemental Security Income before becoming
eligible for assistance or services under Subchapter D, Chapter
162, Family Code, or Subchapter K, Chapter 264, Family Code, as
applicable, the child may receive Medicaid benefits in accordance
with the program established under this subsection. To the extent
permitted by federal law, the commission, in consultation with the
Department of Family and Protective Services, shall develop and
implement a program that allows the adoptive parent or permanent
managing conservator of a child described by this subsection to
elect on behalf of the child to receive or, if applicable, continue
receiving Medicaid benefits under the:
(1) STAR Health program; or
(2) STAR Kids managed care program.
(d) The commission shall protect the continuity of care for
each child described under this section and, if applicable, ensure
coordination between the STAR Health program and any other Medicaid
managed care program for each child who is transitioning between
Medicaid managed care programs.
(e) The executive commissioner shall adopt rules necessary
to implement this section.
SECTION 3. Section 162.304(f), Family Code, is repealed.
SECTION 4. 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 5. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the commission may, but is not required to, implement a
provision of this Act using other appropriations available for that
purpose.
SECTION 6. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 72 was passed by the House on May 2,
2019, by the following vote: Yeas 140, Nays 2, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 72 on May 23, 2019, by the following vote: Yeas 142, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 72 was passed by the Senate, with
amendments, on May 20, 2019, by the following vote: Yeas 28, Nays
3.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor