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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation of Medicaid benefits provided to |
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certain children adopted from the conservatorship of the Department |
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of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 162.304(b-1) and (f), Family Code, are |
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amended to read as follows: |
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(b-1) Subject to the availability of funds, the department |
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shall pay a $150 subsidy each month for the premiums for health |
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benefits coverage for a child with respect to whom a court has |
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entered a final order of adoption if the child: |
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(1) was in the conservatorship of the department at |
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the time of the child's adoptive placement; |
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(2) after the adoption, is not eligible for or is not |
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receiving medical assistance under Chapter 32, Human Resources |
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Code; and |
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(3) is younger than 18 years of age. |
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(f) Subject to the availability of funds, the department |
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shall work with the Health and Human Services Commission and the |
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federal government to develop a program to provide medical |
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assistance under Chapter 32, Human Resources Code, to children who |
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were in the conservatorship of the department at the time of |
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adoptive placement and need medical or rehabilitative care but do |
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not qualify for: |
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(1) adoption assistance under this section; or |
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(2) the continuation of medical assistance benefits |
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under Section 533.00531, Government Code. |
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SECTION 2. Subchapter A, Chapter 533, Government Code, is |
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amended by adding Section 533.00531 to read as follows: |
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Sec. 533.00531. STAR HEALTH PROGRAM: CONTINUATION OF |
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BENEFITS FOR CERTAIN RECIPIENTS. (a) The commission, in |
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consultation with the Department of Family and Protective Services, |
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shall develop and implement a program that will allow the adoptive |
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parent of a recipient with a chronic health condition who, because |
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of the recipient's adoption, will no longer be in the |
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conservatorship of the department to elect on behalf of the |
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recipient to continue receiving benefits under the STAR Health |
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Medicaid managed care program or another Medicaid managed care |
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program already in existence or created for purposes of this |
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section. |
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(b) The program required by this section must: |
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(1) ensure each recipient receives benefits under the |
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STAR Health Medicaid managed care program or other Medicaid managed |
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care program that are comparable to the benefits the recipient |
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would have received had the recipient remained in the |
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conservatorship of the Department of Family and Protective |
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Services; and |
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(2) protect the continuity of care for each recipient |
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and, if applicable, ensure coordination between the STAR Health |
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Medicaid managed care program and any Medicaid managed care program |
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to which the provision of health care benefits for the recipient |
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will transition. |
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SECTION 3. As soon as possible after the effective date of |
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this Act, the Health and Human Services Commission shall apply for |
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and actively pursue from the federal Centers for Medicare and |
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Medicaid Services or other appropriate federal agency any waiver or |
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other authorization necessary to implement Section 533.00531, |
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Government Code, as added by this Act. The commission may delay |
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implementing this Act until the waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2019. |