Texas 2021 - 87th Regular

Texas House Bill HB2963 Compare Versions

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11 87R5305 MM-F
22 By: Klick H.B. No. 2963
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the process for determining the Medicaid eligibility of
88 certain former foster care youth.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 32.0247(e) and (f), Human Resources
1111 Code, are amended to read as follows:
1212 (e) The Department of Family and Protective Services shall
1313 certify the income, assets, or resources of each individual on the
1414 date the individual exits substitute care. An individual
1515 qualifying for medical assistance as established by this section
1616 shall remain eligible for the maximum period permitted under
1717 federal law before any [12 calendar months after certification and
1818 after each] recertification is required.
1919 (f) If recertification is required, the [The]
2020 recertification process for individuals who are eligible for
2121 medical assistance under this section must:
2222 (1) comply with Section 32.024715; and
2323 (2) [shall] include the option of recertifying online
2424 or by mail or phone.
2525 SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
2626 is amended by adding Section 32.024715 to read as follows:
2727 Sec. 32.024715. STREAMLINED ELIGIBILITY DETERMINATION
2828 PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) This section
2929 applies to a former foster care youth who is eligible for Medicaid
3030 under Section 1902(a)(10)(A)(i)(IX), Social Security Act (42
3131 U.S.C. Section 1396a(a)(10)(A)(i)(IX)), or any other law.
3232 (b) The commission, in consultation with the Department of
3333 Family and Protective Services, shall design and implement a
3434 streamlined process for determining a former foster care youth's
3535 eligibility for Medicaid. The streamlined process must:
3636 (1) provide for the automatic enrollment and
3737 recertification of a former foster care youth in the STAR Health
3838 program, the STAR Medicaid managed care program, or another
3939 Medicaid program, as appropriate;
4040 (2) be designed to prevent any unnecessary
4141 interruption of the youth's Medicaid benefits, including any
4242 interruption related to having to recertify the youth for benefits;
4343 and
4444 (3) if recertification is required under federal law,
4545 use a simple application and recertification process that:
4646 (A) to the extent permitted by federal law, does
4747 not require that a youth verify that the youth is a resident of this
4848 state unless the commission determines that the youth is receiving
4949 Medicaid benefits outside of this state; or
5050 (B) if federal law requires that a youth verify
5151 that the youth is a resident of this state, allows the youth to
5252 attest to that fact without providing additional documentation or
5353 evidence that proves the youth is a resident of this state.
5454 SECTION 3. The changes in law made by this Act apply to an
5555 initial determination or recertification of eligibility of a person
5656 for medical assistance under Chapter 32, Human Resources Code, made
5757 on or after the effective date of this Act, regardless of the date
5858 the person applied for that assistance.
5959 SECTION 4. If before implementing any provision of this Act
6060 a state agency determines that a waiver or authorization from a
6161 federal agency is necessary for implementation of that provision,
6262 the agency affected by the provision shall request the waiver or
6363 authorization and may delay implementing that provision until the
6464 waiver or authorization is granted.
6565 SECTION 5. This Act takes effect September 1, 2021.