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 - Dead) 2019-04-02 - Left pending in committee [HB3860 Detail]
Download: Texas-2019-HB3860-Introduced.html
86R9788 KKR-D | ||
By: Krause | H.B. No. 3860 |
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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. |