89R4854 CMO-F
By: Lalani H.B. No. 1539
A BILL TO BE ENTITLED
AN ACT
relating to seeking a waiver under Medicaid to provide a continuous
period of eligibility under the program for certain children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.0261, Human Resources Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) This section does not apply to a child who is eligible
for an extended period of continuous eligibility under Section
32.02612.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02612 to read as follows:
Sec. 32.02612. FEDERAL AUTHORIZATION TO PROVIDE EXTENDED
PERIOD OF CONTINUOUS ELIGIBILITY FOR CERTAIN CHILDREN. (a) The
executive commissioner shall seek a waiver under Section 1115,
Social Security Act (42 U.S.C. Section 1315), to provide for a
continuous period of eligibility for children who are:
(1) determined eligible for medical assistance under
this chapter; and
(2) five years of age or younger.
(b) The waiver the executive commissioner seeks under this
section must ensure that a child described by Subsection (a)
remains continuously eligible for medical assistance, without
additional review and regardless of changes in the child's
resources or household income, from the date on which the child's
eligibility for medical assistance is determined until the child's
sixth birthday.
(c) Subject to approval of the waiver described by
Subsection (a), the executive commissioner shall adopt rules to
implement this section.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall apply for and actively pursue the waiver
from the Centers for Medicare and Medicaid Services or any other
federal agency required by Section 32.02612, Human Resources Code,
as added by this Act. The commission may delay implementing Section
32.02612, Human Resources Code, as added by this Act, until the
waiver applied for under this section is granted.
SECTION 4. This Act takes effect September 1, 2025.