| 1 | 1 | | 88R1281 KKR-D |
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| 2 | 2 | | By: González of Dallas H.B. No. 2124 |
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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 the Medicaid eligibility of certain individuals who are |
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| 8 | 8 | | lawfully present in the United States. |
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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. Subchapter B, Chapter 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.02472 to read as follows: |
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| 12 | 12 | | Sec. 32.02472. ELIGIBILITY OF CERTAIN INDIVIDUALS LAWFULLY |
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| 13 | 13 | | PRESENT IN THE UNITED STATES. (a) The commission shall provide |
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| 14 | 14 | | medical assistance in accordance with 8 U.S.C. Section 1612(b) to |
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| 15 | 15 | | an individual who: |
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| 16 | 16 | | (1) is a qualified alien, as defined by 8 U.S.C. |
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| 17 | 17 | | Sections 1641(b) and (c); |
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| 18 | 18 | | (2) meets the eligibility requirements of the medical |
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| 19 | 19 | | assistance program; |
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| 20 | 20 | | (3) entered the United States on or after August 22, |
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| 21 | 21 | | 1996; and |
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| 22 | 22 | | (4) has resided in the United States for a period of |
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| 23 | 23 | | five years after the date the individual entered as a qualified |
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| 24 | 24 | | alien. |
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| 25 | 25 | | (b) To the extent allowed by federal law, the commission |
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| 26 | 26 | | shall provide medical assistance for pregnant women to an |
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| 27 | 27 | | individual who is pregnant and is lawfully present in the United |
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| 28 | 28 | | States, or lawfully residing in the United States as defined by the |
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| 29 | 29 | | Centers for Medicare and Medicaid Services, including a battered |
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| 30 | 30 | | alien under 8 U.S.C. Section 1641(c), regardless of the date the |
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| 31 | 31 | | individual entered the United States. |
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| 32 | 32 | | SECTION 2. If before implementing any provision of this Act |
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| 33 | 33 | | a state agency determines that a waiver or authorization from a |
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| 34 | 34 | | federal agency is necessary for implementation of that provision, |
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| 35 | 35 | | the agency affected by the provision shall request the waiver or |
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| 36 | 36 | | authorization and may delay implementing that provision until the |
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| 37 | 37 | | waiver or authorization is granted. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
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