Bill Text: TX SB1059 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the process for determining the Medicaid eligibility of certain former foster care youth.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2021-06-08 - Effective on 9/1/21 [SB1059 Detail]

Download: Texas-2021-SB1059-Enrolled.html

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S.B. No. 1059

AN ACT
relating to the process for determining the Medicaid eligibility of
certain former foster care youth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.0247(e) and (f), Human Resources
Code, are amended to read as follows:
(e) The Department of Family and Protective Services shall
certify the income, assets, or resources of each individual on the
date the individual exits substitute care. An individual
qualifying for medical assistance as established by this section
shall remain eligible for the maximum period permitted under
federal law before any [12 calendar months after certification and
after each] recertification is required.
(f) If recertification is required, the [The]
recertification process for individuals who are eligible for
medical assistance under this section must:
(1) comply with Section 32.024715; and
(2) [shall] include the option of recertifying online
or by mail or phone.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.024715 to read as follows:
Sec. 32.024715. STREAMLINED ELIGIBILITY DETERMINATION
PROCESS FOR CERTAIN FORMER FOSTER CARE YOUTH. (a) This section
applies to a former foster care youth who is eligible for Medicaid
under Section 1902(a)(10)(A)(i)(IX), Social Security Act (42
U.S.C. Section 1396a(a)(10)(A)(i)(IX)), or any other law.
(b) The commission, in consultation with the Department of
Family and Protective Services, shall design and implement a
streamlined process for determining a former foster care youth's
eligibility for Medicaid. The streamlined process must:
(1) provide for the automatic enrollment and
recertification of a former foster care youth in the STAR Health
program, the STAR Medicaid managed care program, or another
Medicaid program, as appropriate;
(2) be designed to prevent any unnecessary
interruption of the youth's Medicaid benefits, including any
interruption related to having to recertify the youth for benefits;
and
(3) if recertification is required under federal law,
use a simple application and recertification process that:
(A) to the extent permitted by federal law, does
not require that a youth verify that the youth is a resident of this
state unless the commission determines that the youth is receiving
Medicaid benefits outside of this state; or
(B) if federal law requires that a youth verify
that the youth is a resident of this state, allows the youth to
attest to that fact without providing additional documentation or
evidence that proves the youth is a resident of this state.
SECTION 3. The changes in law made by this Act apply to an
initial determination or recertification 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 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. The Department of Family and Protective Services
and the Health and Human Services Commission are required to
implement this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the department and
the commission may, but are not required to, implement this Act
using other appropriations available for the purpose.
SECTION 6. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1059 passed the Senate on
May 13, 2021, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1059 passed the House on
May 26, 2021, by the following vote: Yeas 137, Nays 10, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor