Bill Text: TX SB1259 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the eligibility of certain individuals for medical assistance on confinement in, placement in, detention in, or commitment to and release from certain facilities and other settings.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-03-16 - Referred to Health & Human Services [SB1259 Detail]
Download: Texas-2011-SB1259-Introduced.html
| 82R7449 SJM-D | ||
| By: Ellis | S.B. No. 1259 | |
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| relating to the eligibility of certain individuals for medical | ||
| assistance on confinement in, placement in, detention in, or | ||
| commitment to and release from certain facilities and other | ||
| settings. | ||
| 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 department 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 department 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, excluding any | ||
| period during which the child's eligibility was suspended as | ||
| provided by Section 32.0264; or | ||
| (2) the child's 19th birthday. | ||
| SECTION 2. Subchapter B, Chapter 32, Human Resources Code, | ||
| is amended by adding Section 32.0264 to read as follows: | ||
| Sec. 32.0264. SUSPENSION AND AUTOMATIC REINSTATEMENT OF | ||
| ELIGIBILITY FOR INDIVIDUALS CONFINED IN CERTAIN FACILITIES AND | ||
| OTHER SETTINGS. (a) An individual's eligibility for medical | ||
| assistance is suspended during the period the individual is: | ||
| (1) confined in a correctional facility, as defined by | ||
| Section 1.07, Penal Code; or | ||
| (2) placed, detained, or committed under Title 3, | ||
| Family Code, in a facility or other setting that would otherwise | ||
| result in the loss of the individual's eligibility for that | ||
| assistance. | ||
| (b) The eligibility of an individual for medical assistance | ||
| that is suspended as provided by Subsection (a) is automatically | ||
| reinstated on the date the individual is released from the facility | ||
| or other setting described by that subsection. Following the | ||
| reinstatement, the individual remains eligible until the | ||
| expiration of the period of months for which the individual was | ||
| certified as eligible, excluding the period during which the | ||
| individual's eligibility was suspended. | ||
| SECTION 3. The changes in law made by this Act apply to an | ||
| individual who is released from a facility or other setting | ||
| described by Section 32.0264, Human Resources Code, as added by | ||
| this Act, on or after the effective date of this Act, regardless of | ||
| the date the individual was: | ||
| (1) confined in, placed in, detained in, or committed | ||
| to a facility or other setting described by Section 32.0264, Human | ||
| Resources Code, as added by this Act; or | ||
| (2) determined eligible for medical assistance under | ||
| Chapter 32, Human Resources Code. | ||
| 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, 2011. | ||
