Bill Text: TX HB3860 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to a child's eligibility for the Medicaid buy-in for children program or the medically dependent children (MDCP) waiver program.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-02 - Left pending in committee [HB3860 Detail]

Download: Texas-2019-HB3860-Introduced.html
  86R9788 KKR-D
 
  By: Krause H.B. No. 3860
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a child's eligibility for the Medicaid buy-in for
  children program or the medically dependent children (MDCP) waiver
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 531.02444, Government Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The executive commissioner shall develop and implement:
               (1)  a Medicaid buy-in program for persons with
  disabilities as authorized by the Ticket to Work and Work
  Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
  Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
               (2)  subject to Subsection (a-1) as authorized by the
  Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid
  buy-in program for children with disabilities that is described by
  42 U.S.C. Section 1396a(cc)(1) whose family incomes do not exceed
  300 percent of the applicable federal poverty level.
         (a-1)  The executive commissioner by rule shall increase the
  maximum family income prescribed by Subsection (a)(2) for
  determining eligibility for the buy-in program under that
  subdivision of a child who is eligible for the medically dependent
  children (MDCP) waiver program and is on the interest list for that
  program to the maximum family income amount allowable, considering
  available appropriations for that purpose.
         SECTION 2.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Sections 531.024441 and 531.0603 to read as
  follows:
         Sec. 531.024441.  MEDICAID BUY-IN FOR CHILDREN PROGRAM
  DISABILITY DETERMINATION ASSESSMENT.  (a)  The commission shall, at
  the request of a child's legally authorized representative, conduct
  a disability determination assessment of the child to determine the
  child's eligibility for the Medicaid buy-in for children program
  implemented under Section 531.02444.
         (b)  The commission shall directly conduct a disability
  determination assessment of a child under this section and may not
  contract with a managed care organization or other entity to
  conduct the assessment.
         Sec. 531.0603.  MEDICALLY DEPENDENT CHILDREN PROGRAM
  MEDICAL NECESSITY ASSESSMENT. (a)  The commission shall, at the
  request of the legally authorized representative of a child who is
  in the first position on the medically dependent children (MDCP)
  waiver program interest list, conduct a medical necessity
  assessment of the child to determine the child's eligibility for
  that waiver program.
         (b)  The commission shall directly conduct a medical
  necessity assessment of a child under this section and may not
  contract with a managed care organization or other entity to
  conduct the assessment.
         SECTION 3.  (a)  Section 531.024441, Government Code, as
  added by this Act, applies to a request for a disability
  determination assessment to determine eligibility for the Medicaid
  buy-in for children program made on or after the effective date of
  this Act.
         (b)  Section 531.0603, Government Code, as added by this Act,
  applies to a request for a medical necessity assessment to
  determine eligibility for the medically dependent children (MDCP)
  waiver program made on or after the effective date of this Act.
         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, 2019.
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