| 1 | 1 | | 87R4383 BDP-D |
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| 2 | 2 | | By: Krause H.B. No. 3705 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a child's eligibility for the Medicaid buy-in program |
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| 8 | 8 | | for children. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 531.02444, Government Code, is amended |
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| 11 | 11 | | by amending Subsection (a) and adding Subsection (a-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a) The executive commissioner shall develop and implement: |
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| 14 | 14 | | (1) a Medicaid buy-in program for persons with |
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| 15 | 15 | | disabilities as authorized by the Ticket to Work and Work |
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| 16 | 16 | | Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the |
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| 17 | 17 | | Balanced Budget Act of 1997 (Pub. L. No. 105-33); and |
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| 18 | 18 | | (2) subject to Subsection (a-1) as authorized by the |
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| 19 | 19 | | Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid |
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| 20 | 20 | | buy-in program for children with disabilities [that is] described |
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| 21 | 21 | | by 42 U.S.C. Section 1396a(cc)(1) whose family incomes do not |
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| 22 | 22 | | exceed 300 percent of the applicable federal poverty level. |
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| 23 | 23 | | (a-1) The executive commissioner by rule shall increase the |
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| 24 | 24 | | maximum family income prescribed by Subsection (a)(2) for |
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| 25 | 25 | | determining eligibility for the buy-in program under that |
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| 26 | 26 | | subdivision of a child who is eligible for the medically dependent |
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| 27 | 27 | | children (MDCP) waiver program and is on the interest list for that |
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| 28 | 28 | | program to the maximum family income amount allowable, considering |
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| 29 | 29 | | available appropriations for that purpose. |
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| 30 | 30 | | SECTION 2. Subchapter B, Chapter 531, Government Code, is |
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| 31 | 31 | | amended by adding Section 531.024441 to read as follows: |
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| 32 | 32 | | Sec. 531.024441. MEDICAID BUY-IN PROGRAM FOR CHILDREN: |
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| 33 | 33 | | DISABILITY DETERMINATION ASSESSMENT. (a) The commission shall, at |
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| 34 | 34 | | the request of a child's legally authorized representative, conduct |
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| 35 | 35 | | a disability determination assessment of the child to determine the |
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| 36 | 36 | | child's eligibility for the Medicaid buy-in program for children |
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| 37 | 37 | | implemented under Section 531.02444. |
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| 38 | 38 | | (b) The commission shall directly conduct a disability |
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| 39 | 39 | | determination assessment of a child under this section and may not |
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| 40 | 40 | | contract with a managed care organization or other entity to |
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| 41 | 41 | | conduct the assessment. |
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| 42 | 42 | | SECTION 3. Section 531.024441, Government Code, as added by |
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| 43 | 43 | | this Act, applies to a request for a disability determination |
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| 44 | 44 | | assessment to determine eligibility for the Medicaid buy-in program |
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| 45 | 45 | | for children made on or after the effective date of this Act. |
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| 46 | 46 | | SECTION 4. If before implementing any provision of this Act |
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| 47 | 47 | | a state agency determines that a waiver or authorization from a |
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| 48 | 48 | | federal agency is necessary for implementation of that provision, |
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| 49 | 49 | | the agency affected by the provision shall request the waiver or |
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| 50 | 50 | | authorization and may delay implementing that provision until the |
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| 51 | 51 | | waiver or authorization is granted. |
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| 52 | 52 | | SECTION 5. This Act takes effect September 1, 2021. |
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