Bill Text: TX HB503 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to eligibility for children's Medicaid and the child health plan program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-04-05 - Left pending in committee [HB503 Detail]

Download: Texas-2011-HB503-Introduced.html

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82R984 EES-D
By: Walle H.B. No. 503

A BILL TO BE ENTITLED
AN ACT
relating to eligibility for children's Medicaid and the child
health plan program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 62.101(b), Health and Safety Code, is
amended to read as follows:
(b) The commission shall establish income eligibility
levels consistent with Title XXI, Social Security Act (42 U.S.C.
Section 1397aa et seq.), as amended, and any other applicable law or
regulations, and subject to the availability of appropriated money,
so that a child who is younger than 19 years of age and whose net
family income is at or below 200 percent of the federal poverty
level is eligible for health benefits coverage under the program.
[In addition, the commission may establish eligibility standards
regarding the amount and types of allowable assets for a family
whose net family income is above 150 percent of the federal poverty
level.]
SECTION 2. Section 32.026(d), Human Resources Code, is
amended to read as follows:
(d) In adopting rules under this section, the department
shall ensure, to the extent allowed by federal law, that
documentation and verification procedures used in determining and
certifying the eligibility and need for medical assistance of a
child under 19 years of age[, including the documentation and
verification procedures used to evaluate the assets and resources
of the child, the child's parents, or the child's other caretaker
for that purpose,] are the same as the documentation and
verification procedures used to determine and certify a child's
eligibility for coverage under Chapter 62, Health and Safety Code,
except that the documentation and verification procedures adopted
in accordance with this subsection may not be more stringent than
the documentation and verification procedures existing on January
1, 2001, for determination and certification of a child's
eligibility for coverage under Chapter 62, Health and Safety Code.
SECTION 3. Section 32.0262(a), Human Resources Code, is
amended to read as follows:
(a) The department shall develop procedures to ensure that
all necessary information regarding a child who will be denied
continued medical assistance under this chapter because of an
increase in income[, assets, or resources] but who is eligible for
enrollment in the child health plan under Chapter 62, Health and
Safety Code, is promptly transmitted to the child health plan in
accordance with the standards established under Section 62.104(d),
Health and Safety Code.
SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0264 to read as follows:
Sec. 32.0264. ELIGIBILITY OF CHILDREN. In determining and
certifying a child's eligibility for medical assistance, the
department, to the maximum extent allowed by federal law, shall
implement 42 U.S.C. Section 1396a(e)(14)(C) and may not apply any
assets or resources test, notwithstanding any other law.
SECTION 5. Section 62.101(b-1), Health and Safety Code, is
repealed.
SECTION 6. Section 62.101, Health and Safety Code, as
amended by this Act, applies to a determination of eligibility of a
person for coverage under the child health plan under Chapter 62,
Health and Safety Code, made on or after the effective date of this
Act, regardless of the date the person applied for that coverage.
SECTION 7. Sections 32.026 and 32.0262, Human Resources
Code, as amended by this Act, and Section 32.0264, Human Resources
Code, as added by this Act, apply to an initial determination or
redetermination of eligibility of a person for medical assistance
under Chapter 32, Human Resources Code, made on or after the
effective date of this Act, regardless of the date the person
applied for that assistance.
SECTION 8. 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 9. This Act takes effect September 1, 2011.