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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for the child health plan. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 62.101(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The commission shall establish income eligibility |
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levels consistent with Title XXI, Social Security Act (42 U.S.C. |
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Section 1397aa et seq.), as amended, and any other applicable law or |
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regulations, and subject to the availability of appropriated money, |
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so that a child who is younger than 19 years of age and whose net |
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family income is at or below 300 [200] percent of the federal |
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poverty level is eligible for health benefits coverage under the |
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program. In addition, the commission may establish eligibility |
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standards regarding the amount and types of allowable assets for a |
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family whose net family income is above 150 percent of the federal |
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poverty level. |
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SECTION 2. Section 62.102(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) During the sixth month following the date of initial |
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enrollment or reenrollment of an individual whose net family income |
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exceeds 285 [185] percent of the federal poverty level, the |
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commission shall: |
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(1) review the individual's net family income and may |
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use electronic technology if available and appropriate; and |
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(2) continue to provide coverage if the individual's |
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net family income does not exceed the income eligibility limits |
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prescribed by this chapter. |
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SECTION 3. Section 62.101(b), Health and Safety Code, as |
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amended by this Act, applies to a determination of eligibility of a |
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person for coverage under the child health plan under Chapter 62, |
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Health and Safety Code, made on or after the effective date of this |
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Act, regardless of the date the person applied for that coverage. |
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SECTION 4. Section 62.102(b), Health and Safety Code, as |
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amended by this Act, applies to an enrollee under the child health |
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plan under Chapter 62, Health and Safety Code, beginning on the |
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effective date of this Act, regardless of the date the enrollment |
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period began. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. This Act takes effect September 1, 2009. |