| 1 | 1 | | 89R4854 CMO-F |
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| 2 | 2 | | By: Lalani H.B. No. 1539 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to seeking a waiver under Medicaid to provide a continuous |
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| 10 | 10 | | period of eligibility under the program for certain children. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 32.0261, Human Resources Code, is |
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| 13 | 13 | | amended by adding Subsection (a-1) to read as follows: |
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| 14 | 14 | | (a-1) This section does not apply to a child who is eligible |
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| 15 | 15 | | for an extended period of continuous eligibility under Section |
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| 16 | 16 | | 32.02612. |
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| 17 | 17 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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| 18 | 18 | | is amended by adding Section 32.02612 to read as follows: |
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| 19 | 19 | | Sec. 32.02612. FEDERAL AUTHORIZATION TO PROVIDE EXTENDED |
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| 20 | 20 | | PERIOD OF CONTINUOUS ELIGIBILITY FOR CERTAIN CHILDREN. (a) The |
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| 21 | 21 | | executive commissioner shall seek a waiver under Section 1115, |
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| 22 | 22 | | Social Security Act (42 U.S.C. Section 1315), to provide for a |
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| 23 | 23 | | continuous period of eligibility for children who are: |
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| 24 | 24 | | (1) determined eligible for medical assistance under |
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| 25 | 25 | | this chapter; and |
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| 26 | 26 | | (2) five years of age or younger. |
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| 27 | 27 | | (b) The waiver the executive commissioner seeks under this |
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| 28 | 28 | | section must ensure that a child described by Subsection (a) |
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| 29 | 29 | | remains continuously eligible for medical assistance, without |
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| 30 | 30 | | additional review and regardless of changes in the child's |
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| 31 | 31 | | resources or household income, from the date on which the child's |
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| 32 | 32 | | eligibility for medical assistance is determined until the child's |
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| 33 | 33 | | sixth birthday. |
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| 34 | 34 | | (c) Subject to approval of the waiver described by |
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| 35 | 35 | | Subsection (a), the executive commissioner shall adopt rules to |
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| 36 | 36 | | implement this section. |
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| 37 | 37 | | SECTION 3. As soon as practicable after the effective date |
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| 38 | 38 | | of this Act, the executive commissioner of the Health and Human |
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| 39 | 39 | | Services Commission shall apply for and actively pursue the waiver |
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| 40 | 40 | | from the Centers for Medicare and Medicaid Services or any other |
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| 41 | 41 | | federal agency required by Section 32.02612, Human Resources Code, |
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| 42 | 42 | | as added by this Act. The commission may delay implementing Section |
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| 43 | 43 | | 32.02612, Human Resources Code, as added by this Act, until the |
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| 44 | 44 | | waiver applied for under this section is granted. |
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| 45 | 45 | | SECTION 4. This Act takes effect September 1, 2025. |
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