83R6228 ADM-F
 
  By: Cortez H.B. No. 2070
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the period of continuous eligibility for the medical
  assistance program for certain persons.
         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: CHILDREN.  The
  executive commissioner of the Health and Human Services Commission 
  [department] shall adopt rules in accordance with applicable
  federal law, including 42 U.S.C. Section 1396a [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 first anniversary of [end of the six-month
  period following] the date on which the child's eligibility was
  determined or redetermined; or
               (2)  the child's 19th birthday.
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02612 to read as follows:
         Sec. 32.02612.  CONTINUOUS ELIGIBILITY: SENIOR CITIZENS.
  The executive commissioner of the Health and Human Services
  Commission shall adopt rules in accordance with applicable federal
  law, including 42 U.S.C. Section 1396a, to provide for a period of
  continuous eligibility for a person 65 years of age or older who is
  determined to be eligible for medical assistance under this
  chapter.  The rules must provide that the person remains eligible
  for medical assistance, without additional review by the department
  and regardless of changes in the person's resources or income,
  until the first anniversary of the date on which the person's
  eligibility was determined or redetermined.
         SECTION 3.  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 4.  This Act takes effect September 1, 2013.