Texas 2021 - 87th Regular

Texas Senate Bill SB1059 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1059
	1	+	By: Paxton, et al. S.B. No. 1059
	2	+	(Klick)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the process for determining the Medicaid eligibility of
6	8		certain former foster care youth.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 32.0247(e) and (f), Human Resources
9	11		Code, are amended to read as follows:
10	12		(e) The Department of Family and Protective Services shall
11	13		certify the income, assets, or resources of each individual on the
12	14		date the individual exits substitute care. An individual
13	15		qualifying for medical assistance as established by this section
14	16		shall remain eligible for the maximum period permitted under
15	17		federal law before any [12 calendar months after certification and
16	18		after each] recertification is required.
17	19		(f) If recertification is required, the [The]
18	20		recertification process for individuals who are eligible for
19	21		medical assistance under this section must:
20	22		(1) comply with Section 32.024715; and
21	23		(2) [shall] include the option of recertifying online
22	24		or by mail or phone.
23	25		SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
24	26		is amended by adding Section 32.024715 to read as follows:
25	27		Sec. 32.024715. STREAMLINED ELIGIBILITY DETERMINATION
26	28		PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) This section
27	29		applies to a former foster care youth who is eligible for Medicaid
28	30		under Section 1902(a)(10)(A)(i)(IX), Social Security Act (42
29	31		U.S.C. Section 1396a(a)(10)(A)(i)(IX)), or any other law.
30	32		(b) The commission, in consultation with the Department of
31	33		Family and Protective Services, shall design and implement a
32	34		streamlined process for determining a former foster care youth's
33	35		eligibility for Medicaid. The streamlined process must:
34	36		(1) provide for the automatic enrollment and
35	37		recertification of a former foster care youth in the STAR Health
36	38		program, the STAR Medicaid managed care program, or another
37	39		Medicaid program, as appropriate;
38	40		(2) be designed to prevent any unnecessary
39	41		interruption of the youth's Medicaid benefits, including any
40	42		interruption related to having to recertify the youth for benefits;
41	43		and
42	44		(3) if recertification is required under federal law,
43	45		use a simple application and recertification process that:
44	46		(A) to the extent permitted by federal law, does
45	47		not require that a youth verify that the youth is a resident of this
46	48		state unless the commission determines that the youth is receiving
47	49		Medicaid benefits outside of this state; or
48	50		(B) if federal law requires that a youth verify
49	51		that the youth is a resident of this state, allows the youth to
50	52		attest to that fact without providing additional documentation or
51	53		evidence that proves the youth is a resident of this state.
52	54		SECTION 3. The changes in law made by this Act apply to an
53	55		initial determination or recertification of eligibility of a person
54	56		for medical assistance under Chapter 32, Human Resources Code, made
55	57		on or after the effective date of this Act, regardless of the date
56	58		the person applied for that assistance.
57	59		SECTION 4. If before implementing any provision of this Act
58	60		a state agency determines that a waiver or authorization from a
59	61		federal agency is necessary for implementation of that provision,
60	62		the agency affected by the provision shall request the waiver or
61	63		authorization and may delay implementing that provision until the
62	64		waiver or authorization is granted.
63	65		SECTION 5. The Department of Family and Protective Services
64	66		and the Health and Human Services Commission are required to
65	67		implement this Act only if the legislature appropriates money
66	68		specifically for that purpose. If the legislature does not
67	69		appropriate money specifically for that purpose, the department and
68	70		the commission may, but are not required to, implement this Act
69	71		using other appropriations available for the purpose.
70	72		SECTION 6. This Act takes effect September 1, 2021.
71		-	______________________________ ______________________________
72		-	President of the Senate Speaker of the House
73		-	I hereby certify that S.B. No. 1059 passed the Senate on
74		-	May 13, 2021, by the following vote: Yeas 30, Nays 0.
75		-	______________________________
76		-	Secretary of the Senate
77		-	I hereby certify that S.B. No. 1059 passed the House on
78		-	May 26, 2021, by the following vote: Yeas 137, Nays 10, one
79		-	present not voting.
80		-	______________________________
81		-	Chief Clerk of the House
82		-	Approved:
83		-	______________________________
84		-	Date
85		-	______________________________
86		-	Governor