88R9384 KKR-D
By: Perry S.B. No. 1870
A BILL TO BE ENTITLED
AN ACT
relating to a child's eligibility for the Medicaid buy-in program
for children or the medically dependent children (MDCP) waiver
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.02444, Government Code, is amended
by amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The executive commissioner shall develop and implement:
(1) a Medicaid buy-in program for persons with
disabilities as authorized by the Ticket to Work and Work
Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
(2) subject to Subsection (a-1) as authorized by the
Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid
buy-in program for children with disabilities [that is] described
by 42 U.S.C. Section 1396a(cc)(1) whose family incomes do not
exceed 300 percent of the applicable federal poverty level.
(a-1) The executive commissioner by rule shall increase the
maximum family income prescribed by Subsection (a)(2) for
determining eligibility for the buy-in program to the maximum
family income amount allowable, considering available
appropriations for that purpose.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Sections 531.024441 and 531.060111 to read as
follows:
Sec. 531.024441. MEDICAID BUY-IN PROGRAM FOR CHILDREN:
DISABILITY DETERMINATION ASSESSMENT. (a) The commission shall, at
the request of a child's legally authorized representative, conduct
a disability determination assessment of the child to determine the
child's eligibility for the Medicaid buy-in program for children
implemented under Section 531.02444.
(b) The commission shall directly conduct a disability
determination assessment of a child under this section and may not
contract with a managed care organization or other entity to
conduct the assessment.
Sec. 531.060111. MEDICALLY DEPENDENT CHILDREN PROGRAM
MEDICAL NECESSITY ASSESSMENT. (a) Notwithstanding Section
531.0602 or any other law, the commission shall, at the request of
the legally authorized representative of a child who is in the first
position on the medically dependent children (MDCP) waiver program
interest list, conduct a medical necessity assessment of the child
to determine the child's eligibility for that waiver program.
(b) The commission shall directly conduct a medical
necessity assessment of a child under this section and may not
contract with a managed care organization or other entity to
conduct the assessment.
SECTION 3. (a) Section 531.024441, Government Code, as
added by this Act, applies to a request for a disability
determination assessment to determine eligibility for the Medicaid
buy-in program for children made on or after the effective date of
this Act.
(b) Section 531.060111, Government Code, as added by this
Act, applies to a request for a medical necessity assessment to
determine eligibility for the medically dependent children (MDCP)
waiver program made on or after the effective date of this Act.
SECTION 4. 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 5. This Act takes effect September 1, 2023.