By: Kolkhorst S.R. No. 542     SENATE RESOLUTION          BE IT RESOLVED by the Senate of the State of Texas, 87th   Legislature, Regular Session, 2021, That Senate Rule 12.03 be   suspended in part as provided by Senate Rule 12.08 to enable the   conference committee appointed to resolve the differences on   House Bill 2658 (the Medicaid program, including the   administration and operation of the Medicaid managed care   program) to consider and take action on the following matter:          Senate Rule 12.03(4) is suspended to permit the committee   to add text on a matter not included in either the house or senate   version of the bill by adding the following new SECTION to the   bill:          SECTION 8.  Section 32.0261, Human Resources Code, is   amended to read as follows:          Sec. 32.0261.  CONTINUOUS ELIGIBILITY.  (a) This section   applies only to a child younger than 19 years of age who is   determined eligible for medical assistance under this chapter.          (b)  The executive commissioner shall adopt rules in   accordance with 42 U.S.C. Section 1396a(e)(12), as amended, to   provide for two consecutive periods of [a period of continuous]   eligibility for a child between each certification and   recertification of the child's eligibility, subject to   Subsections (f) and (h) [under 19 years of age who is determined   to be eligible for medical assistance under this chapter].          (c)  The first of the two consecutive periods of   eligibility described by Subsection (b) must be continuous in   accordance with Subsection (d). The second of the two   consecutive periods of eligibility is not continuous and may be   affected by changes in a child's household income, regardless of   whether those changes occurred or whether the commission became   aware of the changes during the first or second of the two   consecutive periods of eligibility.          (d)  A [The rules shall provide that the] child remains   eligible for medical assistance during the first of the two   consecutive periods of eligibility, without additional review by   the commission and regardless of changes in the child's household   [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, except as   provided by Subsections (f)(1) and (h) [; or                [(2)  the child's 19th birthday].          (e)  During the sixth month following the date on which a   child's eligibility for medical assistance is certified or   recertified, the commission shall, in a manner that complies with   federal law, including verification plan requirements under 42   C.F.R. Section 435.945(j), review the child's household income   using electronic income data available to the commission. The   commission may conduct this review only once during the child's   two consecutive periods of eligibility.  Based on the review:                (1)  the commission shall, if the review indicates   that the child's household income does not exceed the maximum   income for eligibility for the medical assistance program,   provide for a second consecutive period of eligibility for the   child until the child's required annual recertification, except   as provided by Subsection (h) and subject to Subsection (c); or                (2)  the commission may, if the review indicates that   the child's household income exceeds the maximum income for   eligibility for the medical assistance program, request   additional documentation to verify the child's household income   in a manner that complies with federal law.          (f)  If, after reviewing a child's household income under   Subsection (e), the commission determines that the household   income exceeds the maximum income for eligibility for the medical   assistance program, the commission shall continue to provide   medical assistance to the child until:                (1)  the commission provides the child's parent or   guardian with a period of not less than 30 days to provide   documentation demonstrating that the child's household income   does not exceed the maximum income for eligibility; and                (2)  the child's parent or guardian fails to provide   the documentation during the period described by Subdivision   (1).          (g)  If a child's parent or guardian provides to the   commission within the period described by Subsection (f)   documentation demonstrating that the child's household income   does not exceed the maximum income for eligibility for the   medical assistance program, the commission shall provide for a   second consecutive period of eligibility for the child until the   child's required annual recertification, except as provided by   Subsection (h) and subject to Subsection (c).          (h)  Notwithstanding any other period prescribed by this   section, a child's eligibility for medical assistance ends on the   child's 19th birthday.          (i)  The commission may not recertify a child's   eligibility for medical assistance more frequently than every 12   months as required by federal law.          (j)  If a child's parent or guardian fails to provide to   the commission within the period described by Subsection (f)   documentation demonstrating that the child's household income   does not exceed the maximum income for eligibility for the   medical assistance program, the commission shall provide the   child's parent or guardian with written notice of termination   following that period. The notice must include a statement that   the child may be eligible for enrollment in the child health plan   under Chapter 62, Health and Safety Code.          (k)  In developing the notice, the commission shall   consult with health care providers, children's health care   advocates, family members of children enrolled in the medical   assistance program, and other stakeholders to determine the most   user-friendly method to provide the notice to a child's parent or   guardian.          (l)  The executive commissioner may adopt rules as   necessary to implement this section.          Explanation: This addition is necessary to provide for   continuous eligibility and a periodic eligibility review for a   child for Medicaid.             _______________________________          President of the Senate                I hereby certify that the     above Resolution was adopted by     the Senate on May 30, 2021, by     the following vote:  Yeas 31,   Nays 0.                 _______________________________          Secretary of the Senate