| 1 | 1 | | 88R8033 MM-D |
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| 2 | 2 | | By: Dorazio, Gates, Shaheen, Plesa, et al. H.B. No. 2933 |
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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 ensuring certain adoptive parents may consent to |
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| 8 | 8 | | medical care and access information regarding their child who is |
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| 9 | 9 | | eligible for benefits under Medicaid. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 12 | 12 | | is amended by adding Section 32.02472 to read as follows: |
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| 13 | 13 | | Sec. 32.02472. PARENTAL CONSENT AND ACCESS TO INFORMATION |
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| 14 | 14 | | CONCERNING CERTAIN ADOPTED CHILDREN. The commission shall |
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| 15 | 15 | | collaborate with the Department of Family and Protective Services |
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| 16 | 16 | | to ensure that, if applicable, both adoptive parents of a child |
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| 17 | 17 | | adopted from the conservatorship of the department and eligible for |
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| 18 | 18 | | Medicaid are able to: |
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| 19 | 19 | | (1) consent to the medical care provided to the child |
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| 20 | 20 | | under Medicaid; and |
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| 21 | 21 | | (2) provide and receive information regarding the |
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| 22 | 22 | | child's Medicaid benefits, including: |
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| 23 | 23 | | (A) providing and receiving information through |
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| 24 | 24 | | any electronic interface or system used by the commission to |
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| 25 | 25 | | communicate to or about Medicaid recipients; and |
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| 26 | 26 | | (B) providing information to and receiving |
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| 27 | 27 | | information from: |
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| 28 | 28 | | (i) the commission; |
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| 29 | 29 | | (ii) the Medicaid managed care organization |
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| 30 | 30 | | arranging for or providing the managed care plan in which the child |
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| 31 | 31 | | is enrolled; and |
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| 32 | 32 | | (iii) any health care provider providing |
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| 33 | 33 | | services to the child under Medicaid. |
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| 34 | 34 | | SECTION 2. If before implementing any provision of this Act |
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| 35 | 35 | | a state agency determines that a waiver or authorization from a |
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| 36 | 36 | | federal agency is necessary for implementation of that provision, |
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| 37 | 37 | | the agency affected by the provision shall request the waiver or |
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| 38 | 38 | | authorization and may delay implementing that provision until the |
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| 39 | 39 | | waiver or authorization is granted. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2023. |
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