Bill Text: TX HB1738 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the eligibility of certain individuals for medical assistance on confinement in, placement in, detention in, or commitment to and release from certain facilities and other settings.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-28 - Left pending in committee [HB1738 Detail]
Download: Texas-2011-HB1738-Introduced.html
82R7449 SJM-D | ||
By: Walle | H.B. No. 1738 |
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relating to the eligibility of certain individuals for medical | ||
assistance on confinement in, placement in, detention in, or | ||
commitment to and release from certain facilities and other | ||
settings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.0261, Human Resources Code, is | ||
amended to read as follows: | ||
Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall | ||
adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as | ||
amended, to provide for a period of continuous eligibility for a | ||
child under 19 years of age who is determined to be eligible for | ||
medical assistance under this chapter. The rules shall provide | ||
that the child remains eligible for medical assistance, without | ||
additional review by the department and regardless of changes in | ||
the child's resources or income, until the earlier of: | ||
(1) the end of the six-month period following the date | ||
on which the child's eligibility was determined, excluding any | ||
period during which the child's eligibility was suspended as | ||
provided by Section 32.0264; or | ||
(2) the child's 19th birthday. | ||
SECTION 2. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.0264 to read as follows: | ||
Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF | ||
ELIGIBILITY FOR INDIVIDUALS CONFINED IN CERTAIN FACILITIES AND | ||
OTHER SETTINGS. (a) An individual's eligibility for medical | ||
assistance is suspended during the period the individual is: | ||
(1) confined in a correctional facility, as defined by | ||
Section 1.07, Penal Code; or | ||
(2) placed, detained, or committed under Title 3, | ||
Family Code, in a facility or other setting that would otherwise | ||
result in the loss of the individual's eligibility for that | ||
assistance. | ||
(b) The eligibility of an individual for medical assistance | ||
that is suspended as provided by Subsection (a) is automatically | ||
reinstated on the date the individual is released from the facility | ||
or other setting described by that subsection. Following the | ||
reinstatement, the individual remains eligible until the | ||
expiration of the period of months for which the individual was | ||
certified as eligible, excluding the period during which the | ||
individual's eligibility was suspended. | ||
SECTION 3. The changes in law made by this Act apply to an | ||
individual who is released from a facility or other setting | ||
described by Section 32.0264, Human Resources Code, as added by | ||
this Act, on or after the effective date of this Act, regardless of | ||
the date the individual was: | ||
(1) confined in, placed in, detained in, or committed | ||
to a facility or other setting described by Section 32.0264, Human | ||
Resources Code, as added by this Act; or | ||
(2) determined eligible for medical assistance under | ||
Chapter 32, Human Resources Code. | ||
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, 2011. |