By: Paxton S.B. No. 1493
A BILL TO BE ENTITLED
AN ACT
relating to the provision of Medicaid benefits 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. 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 eligible for and not
receiving 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. POST-ADOPTION MEDICAID BENEFITS FOR
CERTAIN CHILDREN FORMERLY IN FOSTER CARE. (a) This section
applies only with respect to an adopted child who:
(1) is younger than 18 years of age; and
(2) was in the conservatorship of the Department of
Family and Protective Services at the time the child was adopted.
(b) 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 of a child described by Subsection (a), regardless
of the income or resources of the parent, to elect on behalf of the
child to receive or, if applicable, continue receiving benefits:
(1) under the STAR Health program; or
(2) if the child has a severe disability, as defined by
commission rule, under the STAR Kids managed care program.
(c) The program required by this section must:
(1) ensure each child receives benefits under the STAR
Health program that are comparable to the benefits the child would
have received had the child remained in the conservatorship of the
Department of Family and Protective Services; and
(2) protect the continuity of care for each child and,
if applicable, ensure coordination between the STAR Health program
and the STAR Kids managed care program for each child with a severe
disability who is transitioning between the programs.
(d) 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 Section 162.304(f), Family Code, is repealed.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. This Act takes effect September 1, 2019.