| 1 | 1 | | By: Watson S.B. No. 2110 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the process for determining the Medicaid eligibility of |
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| 7 | 7 | | certain former foster care youth. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 32.0247(e) and (f), Human Resources |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (e) The Department of Family and Protective Services shall |
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| 12 | 12 | | certify the income, assets, or resources of each individual on the |
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| 13 | 13 | | date the individual exits substitute care. An individual |
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| 14 | 14 | | qualifying for medical assistance as established by this section |
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| 15 | 15 | | shall remain eligible for the maximum period permitted under |
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| 16 | 16 | | federal law before any [12 calendar months after certification and |
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| 17 | 17 | | after each] recertification is required. |
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| 18 | 18 | | (f) If recertification is required, the [The] |
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| 19 | 19 | | recertification process for individuals who are eligible for |
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| 20 | 20 | | medical assistance under this section must: |
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| 21 | 21 | | (1) comply with Section 32.02472; and |
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| 22 | 22 | | (2) [shall] include the option of recertifying online |
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| 23 | 23 | | or by mail or phone. |
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| 24 | 24 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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| 25 | 25 | | is amended by adding Section 32.02472 to read as follows: |
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| 26 | 26 | | Sec. 32.02472. STREAMLINED ELIGIBILITY DETERMINATION |
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| 27 | 27 | | PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) This section |
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| 28 | 28 | | applies to a former foster care youth who is eligible for Medicaid |
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| 29 | 29 | | under Section 1902(a)(10)(A)(i)(IX), Social Security Act (42 |
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| 30 | 30 | | U.S.C. Section 1396a(a)(10)(A)(i)(IX)), or any other law. |
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| 31 | 31 | | (b) The commission, in consultation with the Department of |
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| 32 | 32 | | Family and Protective Services, shall design and implement a |
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| 33 | 33 | | streamlined process for determining a former foster care youth's |
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| 34 | 34 | | eligibility for Medicaid. The streamlined process must: |
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| 35 | 35 | | (1) provide for the automatic enrollment and |
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| 36 | 36 | | recertification of a former foster care youth in the STAR Health |
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| 37 | 37 | | program, the STAR Medicaid managed care program, or another |
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| 38 | 38 | | Medicaid program, as appropriate; |
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| 39 | 39 | | (2) be designed to prevent any unnecessary |
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| 40 | 40 | | interruption of the youth's Medicaid benefits, including any |
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| 41 | 41 | | interruption related to having to recertify the youth for benefits; |
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| 42 | 42 | | and |
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| 43 | 43 | | (3) if necessary, use a simple application and |
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| 44 | 44 | | recertification process that may not require that a youth |
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| 45 | 45 | | self-attest or prove that the youth is a resident of this state |
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| 46 | 46 | | unless the commission determines that the youth is receiving |
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| 47 | 47 | | Medicaid benefits outside of this state. |
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| 48 | 48 | | SECTION 3. If before implementing any provision of this Act |
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| 49 | 49 | | a state agency determines that a waiver or authorization from a |
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| 50 | 50 | | federal agency is necessary for implementation of that provision, |
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| 51 | 51 | | the agency affected by the provision shall request the waiver or |
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| 52 | 52 | | authorization and may delay implementing that provision until the |
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| 53 | 53 | | waiver or authorization is granted. |
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| 54 | 54 | | SECTION 4. This Act takes effect September 1, 2019. |
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