Texas 2021 - 87th Regular

Texas House Bill HB290 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Cortez, et al. H.B. No. 290
2		-	(Senate Sponsor - Kolkhorst, et al.)
3		-	(In the Senate - Received from the House April 19, 2021;
4		-	May 18, 2021, read first time and referred to Committee on Health &
5		-	Human Services; May 22, 2021, reported adversely, with favorable
6		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
7		-	May 22, 2021, sent to printer.)
8		-	Click here to see the committee vote
9		-	COMMITTEE SUBSTITUTE FOR H.B. No. 290 By: Blanco
	1	+	87R15111 JG-D
	2	+	By: Cortez, Rose, Oliverson, H.B. No. 290
	3	+	A. Johnson of Harris, Frank, et al.
10	4
11	5
12	6		A BILL TO BE ENTITLED
13	7		AN ACT
14	8		relating to the period of continuous eligibility and a periodic
15	9		eligibility review for a child for Medicaid.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Section 32.0261, Human Resources Code, is
18	12		amended to read as follows:
19	13		Sec. 32.0261. CONTINUOUS ELIGIBILITY. (a) This section
20	14		applies only to a child younger than 19 years of age who is
21	15		determined eligible for medical assistance under this chapter.
22	16		(b) The executive commissioner shall adopt rules in
23	17		accordance with 42 U.S.C. Section 1396a(e)(12), as amended, to
24		-	provide for two consecutive periods of [a period of continuous]
	18	+	provide for two consecutive periods [a period] of continuous
25	19		eligibility for a child between each certification and
26	20		recertification of the child's eligibility, subject to Subsections
27		-	(f) and (h) [under 19 years of age who is determined to be eligible
	21	+	(e) and (g) [under 19 years of age who is determined to be eligible
28	22		for medical assistance under this chapter].
29		-	(c) The first of the two consecutive periods of eligibility
30		-	described by Subsection (b) must be continuous in accordance with
31		-	Subsection (d). The second of the two consecutive periods of
32		-	eligibility is not continuous and may be affected by changes in a
33		-	child's household income, regardless of whether those changes
34		-	occurred or whether the commission became aware of the changes
35		-	during the first or second of the two consecutive periods of
36		-	eligibility.
37		-	(d) A [The rules shall provide that the] child remains
	23	+	(c) A [The rules shall provide that the] child remains
38	24		eligible for medical assistance during the first of the two
39		-	consecutive periods of eligibility, without additional ~~review by~~
40		-	the commission and regardless of changes in the child's ~~household~~
41		-	[resources or] income, until [the earlier of:
	25	+	consecutive periods of continuous eligibility, without additional
	26	+	review by the commission and regardless of changes in the child's
	27	+	household [resources or] income, until [the earlier of:
42	28		[(1)] the end of the six-month period following the
43	29		date on which the child's eligibility was determined, except as
44		-	provided by Subsections (f)(1) and (h) [; or
	30	+	provided by Subsections (e)(1) and (g) [; or
45	31		[(2) the child's 19th birthday].
46		-	(e) During the sixth month following the date on which a
	32	+	(d) During the sixth month following the date on which a
47	33		child's eligibility for medical assistance is certified or
48	34		recertified, the commission shall, in a manner that complies with
49	35		federal law, including verification plan requirements under 42
50	36		C.F.R. Section 435.945(j), review the child's household income
51		-	using electronic income data available to the commission. The
52		-	commission may conduct this review only once during the child's two
53		-	consecutive periods of eligibility. Based on the review:
	37	+	using electronic income data available to the commission. Based on
	38	+	the review:
54	39		(1) the commission shall, if the review indicates that
55	40		the child's household income does not exceed the maximum income for
56	41		eligibility for the medical assistance program, provide for a
57		-	second consecutive period of eligibility for the child ~~until the~~
58		-	child's required annual recertification, except as ~~provided by~~
59		-	Subsection (~~h) and subject to Subsection (c~~); or
	42	+	second consecutive period of continuous eligibility for the child
	43	+	until the child's required annual recertification, except as
	44	+	provided by Subsection (g); or
60	45		(2) the commission may, if the review indicates that
61	46		the child's household income exceeds the maximum income for
62	47		eligibility for the medical assistance program, request additional
63	48		documentation to verify the child's household income in a manner
64	49		that complies with federal law.
65		-	(f) If, after reviewing a child's household income under
66		-	Subsection (e), the commission determines that the household income
	50	+	(e) If, after reviewing a child's household income under
	51	+	Subsection (d), the commission determines that the household income
67	52		exceeds the maximum income for eligibility for the medical
68	53		assistance program, the commission shall continue to provide
69	54		medical assistance to the child until:
70	55		(1) the commission provides the child's parent or
71	56		guardian with a period of not less than 30 days to provide
72	57		documentation demonstrating that the child's household income does
73	58		not exceed the maximum income for eligibility; and
74	59		(2) the child's parent or guardian fails to provide the
75	60		documentation during the period described by Subdivision (1).
76		-	(g) If a child's parent or guardian provides to the
77		-	commission within the period described by Subsection (f)
	61	+	(f) If a child's parent or guardian provides to the
	62	+	commission within the period described by Subsection (e)
78	63		documentation demonstrating that the child's household income does
79	64		not exceed the maximum income for eligibility for the medical
80	65		assistance program, the commission shall provide for a second
81		-	consecutive period of eligibility for the child until ~~the child's~~
82		-	required annual recertification, except as provided by ~~Subsection~~
83		-	~~(h) and subject to~~ Subsection (c).
84		-	(h) Notwithstanding any other period prescribed by this
85		-	section, a child's eligibility for medical ~~assistance ends on the~~
86		-	child's 19th birthday.
87		-	(i) The commission may not recertify a child's eligibility
	66	+	consecutive period of continuous eligibility for the child until
	67	+	the child's required annual recertification, except as provided by
	68	+	Subsection (g).
	69	+	(g) Notwithstanding any other period prescribed by this
	70	+	section, a child's period of continuous eligibility for medical
	71	+	assistance ends on the child's 19th birthday.
	72	+	(h) The commission may not recertify a child's eligibility
88	73		for medical assistance more frequently than every 12 months as
89	74		required by federal law.
90		-	(j) If a child's parent or guardian fails to provide to the
91		-	commission within the period described by Subsection (f)
	75	+	(i) If a child's parent or guardian fails to provide to the
	76	+	commission within the period described by Subsection (e)
92	77		documentation demonstrating that the child's household income does
93	78		not exceed the maximum income for eligibility for the medical
94	79		assistance program, the commission shall provide the child's parent
95	80		or guardian with written notice of termination following that
96	81		period. The notice must include a statement that the child may be
97	82		eligible for enrollment in the child health plan under Chapter 62,
98	83		Health and Safety Code.
99		-	(k) In developing the notice, the commission shall consult
	84	+	(j) In developing the notice, the commission shall consult
100	85		with health care providers, children's health care advocates,
101	86		family members of children enrolled in the medical assistance
102	87		program, and other stakeholders to determine the most user-friendly
103	88		method to provide the notice to a child's parent or guardian.
104		-	(l) The executive commissioner may adopt rules as necessary
	89	+	(k) The executive commissioner may adopt rules as necessary
105	90		to implement this section.
106	91		SECTION 2. If before implementing any provision of this Act
107	92		a state agency determines that a waiver or authorization from a
108	93		federal agency is necessary for implementation of that provision,
109	94		the agency affected by the provision shall request the waiver or
110	95		authorization and may delay implementing that provision until the
111	96		waiver or authorization is granted.
112	97		SECTION 3. This Act takes effect September 1, 2021.
113		-	* * * * *