Texas 2023 - 88th Regular

Texas House Bill HB5085 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9384 KKR-D
2	2	By: A. Johnson of Harris H.B. No. 5085
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a child's eligibility for the Medicaid buy-in program
8	8	for children or the medically dependent children (MDCP) waiver
9	9	program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 531.02444, Government Code, is amended
12	12	by amending Subsection (a) and adding Subsection (a-1) to read as
13	13	follows:
14	14	(a) The executive commissioner shall develop and implement:
15	15	(1) a Medicaid buy-in program for persons with
16	16	disabilities as authorized by the Ticket to Work and Work
17	17	Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
18	18	Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
19	19	(2) subject to Subsection (a-1) as authorized by the
20	20	Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid
21	21	buy-in program for children with disabilities [that is] described
22	22	by 42 U.S.C. Section 1396a(cc)(1) whose family incomes do not
23	23	exceed 300 percent of the applicable federal poverty level.
24	24	(a-1) The executive commissioner by rule shall increase the
25	25	maximum family income prescribed by Subsection (a)(2) for
26	26	determining eligibility for the buy-in program to the maximum
27	27	family income amount allowable, considering available
28	28	appropriations for that purpose.
29	29	SECTION 2. Subchapter B, Chapter 531, Government Code, is
30	30	amended by adding Sections 531.024441 and 531.060111 to read as
31	31	follows:
32	32	Sec. 531.024441. MEDICAID BUY-IN PROGRAM FOR CHILDREN:
33	33	DISABILITY DETERMINATION ASSESSMENT. (a) The commission shall, at
34	34	the request of a child's legally authorized representative, conduct
35	35	a disability determination assessment of the child to determine the
36	36	child's eligibility for the Medicaid buy-in program for children
37	37	implemented under Section 531.02444.
38	38	(b) The commission shall directly conduct a disability
39	39	determination assessment of a child under this section and may not
40	40	contract with a managed care organization or other entity to
41	41	conduct the assessment.
42	42	Sec. 531.060111. MEDICALLY DEPENDENT CHILDREN PROGRAM
43	43	MEDICAL NECESSITY ASSESSMENT. (a) Notwithstanding Section
44	44	531.0602 or any other law, the commission shall, at the request of
45	45	the legally authorized representative of a child who is in the first
46	46	position on the medically dependent children (MDCP) waiver program
47	47	interest list, conduct a medical necessity assessment of the child
48	48	to determine the child's eligibility for that waiver program.
49	49	(b) The commission shall directly conduct a medical
50	50	necessity assessment of a child under this section and may not
51	51	contract with a managed care organization or other entity to
52	52	conduct the assessment.
53	53	SECTION 3. (a) Section 531.024441, Government Code, as
54	54	added by this Act, applies to a request for a disability
55	55	determination assessment to determine eligibility for the Medicaid
56	56	buy-in program for children made on or after the effective date of
57	57	this Act.
58	58	(b) Section 531.060111, Government Code, as added by this
59	59	Act, applies to a request for a medical necessity assessment to
60	60	determine eligibility for the medically dependent children (MDCP)
61	61	waiver program made on or after the effective date of this Act.
62	62	SECTION 4. If before implementing any provision of this Act
63	63	a state agency determines that a waiver or authorization from a
64	64	federal agency is necessary for implementation of that provision,
65	65	the agency affected by the provision shall request the waiver or
66	66	authorization and may delay implementing that provision until the
67	67	waiver or authorization is granted.
68	68	SECTION 5. This Act takes effect September 1, 2023.