Texas 2019 - 86th Regular

Texas Senate Bill SB1825 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9788 KKR-D
2	2	By: Perry S.B. No. 1825
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a child's eligibility for the Medicaid buy-in for
8	8	children program or the medically dependent children (MDCP) waiver
9	9	program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 531.02444, Government Code, is amended
12	12	by amending Subsection (a) and adding Subsection (a-1) to read as
13	13	follows:
14	14	(a) The executive commissioner shall develop and implement:
15	15	(1) a Medicaid buy-in program for persons with
16	16	disabilities as authorized by the Ticket to Work and Work
17	17	Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
18	18	Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
19	19	(2) subject to Subsection (a-1) as authorized by the
20	20	Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid
21	21	buy-in program for children with disabilities that is described by
22	22	42 U.S.C. Section 1396a(cc)(1) whose family incomes do not exceed
23	23	300 percent of the applicable federal poverty level.
24	24	(a-1) The executive commissioner by rule shall increase the
25	25	maximum family income prescribed by Subsection (a)(2) for
26	26	determining eligibility for the buy-in program under that
27	27	subdivision of a child who is eligible for the medically dependent
28	28	children (MDCP) waiver program and is on the interest list for that
29	29	program to the maximum family income amount allowable, considering
30	30	available appropriations for that purpose.
31	31	SECTION 2. Subchapter B, Chapter 531, Government Code, is
32	32	amended by adding Sections 531.024441 and 531.0603 to read as
33	33	follows:
34	34	Sec. 531.024441. MEDICAID BUY-IN FOR CHILDREN PROGRAM
35	35	DISABILITY DETERMINATION ASSESSMENT. (a) The commission shall, at
36	36	the request of a child's legally authorized representative, conduct
37	37	a disability determination assessment of the child to determine the
38	38	child's eligibility for the Medicaid buy-in for children program
39	39	implemented under Section 531.02444.
40	40	(b) The commission shall directly conduct a disability
41	41	determination assessment of a child under this section and may not
42	42	contract with a managed care organization or other entity to
43	43	conduct the assessment.
44	44	Sec. 531.0603. MEDICALLY DEPENDENT CHILDREN PROGRAM
45	45	MEDICAL NECESSITY ASSESSMENT. (a) The commission shall, at the
46	46	request of the legally authorized representative of a child who is
47	47	in the first position on the medically dependent children (MDCP)
48	48	waiver program interest list, conduct a medical necessity
49	49	assessment of the child to determine the child's eligibility for
50	50	that waiver program.
51	51	(b) The commission shall directly conduct a medical
52	52	necessity assessment of a child under this section and may not
53	53	contract with a managed care organization or other entity to
54	54	conduct the assessment.
55	55	SECTION 3. (a) Section 531.024441, Government Code, as
56	56	added by this Act, applies to a request for a disability
57	57	determination assessment to determine eligibility for the Medicaid
58	58	buy-in for children program made on or after the effective date of
59	59	this Act.
60	60	(b) Section 531.0603, Government Code, as added by this Act,
61	61	applies to a request for a medical necessity assessment to
62	62	determine eligibility for the medically dependent children (MDCP)
63	63	waiver program made on or after the effective date of this Act.
64	64	SECTION 4. If before implementing any provision of this Act
65	65	a state agency determines that a waiver or authorization from a
66	66	federal agency is necessary for implementation of that provision,
67	67	the agency affected by the provision shall request the waiver or
68	68	authorization and may delay implementing that provision until the
69	69	waiver or authorization is granted.
70	70	SECTION 5. This Act takes effect September 1, 2019.