88R1281 KKR-D By: González of Dallas H.B. No. 2124 A BILL TO BE ENTITLED AN ACT relating to the Medicaid eligibility of certain individuals who are lawfully present in the United States. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.02472 to read as follows: Sec. 32.02472. ELIGIBILITY OF CERTAIN INDIVIDUALS LAWFULLY PRESENT IN THE UNITED STATES. (a) The commission shall provide medical assistance in accordance with 8 U.S.C. Section 1612(b) to an individual who: (1) is a qualified alien, as defined by 8 U.S.C. Sections 1641(b) and (c); (2) meets the eligibility requirements of the medical assistance program; (3) entered the United States on or after August 22, 1996; and (4) has resided in the United States for a period of five years after the date the individual entered as a qualified alien. (b) To the extent allowed by federal law, the commission shall provide medical assistance for pregnant women to an individual who is pregnant and is lawfully present in the United States, or lawfully residing in the United States as defined by the Centers for Medicare and Medicaid Services, including a battered alien under 8 U.S.C. Section 1641(c), regardless of the date the individual entered the United States. SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 3. This Act takes effect September 1, 2023.