Text of section effective on April 01, 2025
Sec. 540.0806.  MEDICAID BENEFITS FOR CERTAIN CHILDREN FORMERLY IN FOSTER CARE.  (a)  This section applies only with respect to a child who:
(1)  resides in this state; and
(2)  is eligible for assistance or services under:
(A)  Subchapter D, Chapter 162, Family Code; or
(B)  Subchapter K, Chapter 264, Family Code.
(b)  Except as provided by Subsection (c), the commission shall ensure that each child to whom this section applies remains or is enrolled in the STAR Health program until the child is enrolled in another Medicaid managed care program.
(c)  A child to whom this section applies who received Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.) or was receiving Supplemental Security Income before becoming eligible for assistance or services under Subchapter D, Chapter 162, Family Code, or Subchapter K, Chapter 264, Family Code, may receive Medicaid benefits in accordance with the program established under this subsection. To the extent allowed by federal law, the commission, in consultation with the Department of Family and Protective Services, shall develop and implement a program that allows the adoptive parent or permanent managing conservator of a child described by this subsection to elect on behalf of the child to receive or continue receiving Medicaid benefits under the:
(1)  STAR Health program; or
(2)  STAR Kids managed care program.
(d)  The commission shall protect the continuity of care for each child to whom this section applies and ensure coordination between the STAR Health program and any other Medicaid managed care program for each child who is transitioning between Medicaid managed care programs.
(e)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.