bill keeping kids on Medicaid until their sixth birthday

The text as introduced · 332 words

89R4854 CMO-F

By: Lalani
H.B. No. 1539

A BILL TO BE ENTITLED

AN ACT

relating to seeking a waiver under Medicaid to provide a continuous

period of eligibility under the program for certain children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.0261, Human Resources Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1) This section does not apply to a child who is eligible

for an extended period of continuous eligibility under Section

32.02612.

SECTION 2. Subchapter B, Chapter 32, Human Resources Code,

is amended by adding Section 32.02612 to read as follows:

Sec. 32.02612. FEDERAL AUTHORIZATION TO PROVIDE EXTENDED

PERIOD OF CONTINUOUS ELIGIBILITY FOR CERTAIN CHILDREN. (a) The

executive commissioner shall seek a waiver under Section 1115,

Social Security Act (42 U.S.C. Section 1315), to provide for a

continuous period of eligibility for children who are:

(1) determined eligible for medical assistance under

this chapter; and

(2) five years of age or younger.

(b) The waiver the executive commissioner seeks under this

section must ensure that a child described by Subsection (a)

remains continuously eligible for medical assistance, without

additional review and regardless of changes in the child's

resources or household income, from the date on which the child's

eligibility for medical assistance is determined until the child's

sixth birthday.

(c) Subject to approval of the waiver described by

Subsection (a), the executive commissioner shall adopt rules to

implement this section.

SECTION 3. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall apply for and actively pursue the waiver

from the Centers for Medicare and Medicaid Services or any other

federal agency required by Section 32.02612, Human Resources Code,

as added by this Act. The commission may delay implementing Section

32.02612, Human Resources Code, as added by this Act, until the

waiver applied for under this section is granted.

SECTION 4. This Act takes effect September 1, 2025.