Bill Text: TX HB342 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to eligibility for the medical assistance program and enrollment in the child health plan program.

Spectrum: Moderate Partisan Bill (Democrat 28-6)

Status: (Introduced) 2019-05-01 - Committee report sent to Calendars [HB342 Detail]

Download: Texas-2019-HB342-Comm_Sub.html
  86R27731 JG-D
 
  By: Cortez, Rose, Davis of Harris, Bernal, H.B. No. 342
      Sheffield, et al.
 
  Substitute the following for H.B. No. 342:
 
  By:  Hinojosa C.S.H.B. No. 342
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eligibility for the medical assistance program and
  enrollment in the child health plan program.
         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 executive
  commissioner 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 commission 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; 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.  PERIODIC ELIGIBILITY REVIEW FOR CERTAIN
  RECIPIENTS; ENROLLMENT IN CHILD HEALTH PLAN. (a) During the sixth
  month following the date on which a child's eligibility for medical
  assistance is certified or recertified, the commission may:
               (1)  review the child's household income; and
               (2)  if the review indicates that the child's household
  income exceeds the maximum income for eligibility for the medical
  assistance program, request additional documentation to verify the
  child's household income.
         (b)  The commission:
               (1)  may conduct the review under Subsection (a) using
  electronic means, if available; and
               (2)  shall conduct the review under Subsection (a)
  using information obtained through a third party database.
         (c)  If, after reviewing a child's household income under
  Subsection (a), the commission determines that the household income
  exceeds the maximum income for eligibility for the medical
  assistance program, the commission shall continue to provide
  medical assistance to the child until:
               (1)  the commission provides the child's parent or
  guardian with a period of not less than 30 days to provide
  documentation demonstrating that the child's household income does
  not exceed the maximum income for eligibility; and
               (2)  the child's parent or guardian fails to provide the
  documentation during the period described by Subdivision (1).
         (d)  The commission shall provide the child's parent or
  guardian with written notice of the termination under Subsection
  (c), if applicable. The notice must include a statement that the
  child may be eligible for enrollment in the child health plan under
  Chapter 62, Health and Safety Code.
         (e)  In developing the notice required under Subsection (d),
  the commission shall consult with health care providers, children's
  health care advocates, family members of children enrolled in the
  medical assistance program, and other stakeholders to determine the
  most user-friendly method to provide the notice to a child's parent
  or guardian.
         (f)  The commission shall automatically enroll in the child
  health plan under Chapter 62, Health and Safety Code, a child whose
  household income as determined under this section:
               (1)  exceeds the maximum income for eligibility for the
  medical assistance program; and
               (2)  establishes eligibility for the child to receive
  benefits under the child health plan.
         (g)  The commission shall track and, not later than September
  1 of each year, prepare and submit a written report to the
  legislature on:
               (1)  the number of children who lose eligibility for
  medical assistance due to a procedural matter during the review
  conducted under this section or during the recertification process;
               (2)  the procedural matters described by Subdivision
  (1) that cause a child to lose eligibility for medical assistance;
               (3)  the number of children who lose eligibility for
  medical assistance following the review conducted under this
  section, not including children described by Subdivision (1);
               (4)  the number of and rate at which children described
  by Subdivisions (1) and (3) are enrolled in the child health plan
  under Chapter 62, Health and Safety Code, during the review
  conducted under this section or during the recertification process;
  and
               (5)  the number of children who lose eligibility for
  medical assistance following the review conducted under this
  section and who are automatically enrolled by the commission under
  Subsection (f) in the child health plan under Chapter 62, Health and
  Safety Code.
         (h)  The executive commissioner may adopt rules as necessary
  to implement this section.
         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, 2019.
feedback