HOUSE DOCKET, NO. 1034        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 124

The Commonwealth of Massachusetts

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PRESENTED BY:

Danielle W. Gregoire

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act ensuring continuous healthcare coverage for youth who have aged-out of the Department of Children and Families.

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PETITION OF:

HOUSE DOCKET, NO. 1034        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 124

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act ensuring continuous healthcare coverage for youth who have aged-out of the Department of Children and Families.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 9A of chapter 118E of the General Laws, as so appearing, shall be amended by inserting, in paragraph (2) at the end thereof, the following clause:-

(k) persons who meet the requirements of Section 1902(a)(10)(A)(i)(IX) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(IX)). In the administration of this subsection and in establishing the means to be used to provide access to health care to persons eligible under this clause, the division shall emphasize and take advantage of both the efficient organization and ready accessibility and availability of health care facilities and resources through enrollment in managed health care plans and new and innovative fee-for-service managed health care plan approaches to the delivery of health care services.

SECTION 2. Chapter 118E, as so appearing, shall be amended by inserting at the end thereof the following section:-

Pursuant to clause (k) of paragraph (2) of section 9A of chapter 118E, as so appearing, the division shall implement Section 1902(a)(10)(A)(i)(IX) of the federal Social Security Act (42 U.S.C. Sec. 1396a(a)(10)(A)(i)(IX)) to provide MassHealth benefits to an individual until his or her 26th birthday if he or she was in foster care or was in the care and custody of the Department of Children and Families on his or her 18th birthday, or such higher age the state has elected under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.). In addition, the division shall implement the federal option to provide MassHealth benefits to individuals who were in foster care and enrolled in Medicaid in any state.

(a) A foster care adolescent who was in foster care in the Commonwealth on his or her 18th birthday or who was in the care and custody of the Department of Children and Families on on his or her 18th birthday, or such higher age the state has elected under Title IV-E of the federal Social Security Act (42 U.S.C. Sec.670 et seq.), shall be enrolled to receive benefits under this section without any interruption in coverage and without requiring a new application.

(b) The division shall develop procedures to identify and enroll individuals who meet the criteria for MassHealth eligibility in this section, including, but not limited to, former foster care adolescents who were in foster care on their 18th birthday or who was in the care and custody of the Department of Children and Families on his or her 18th birthday and who lost MassHealth coverage as a result of attaining 21 years of age.

(c) The division shall develop and implement a simplified redetermination form for this program. A beneficiary qualifying for the benefits pursuant to this section shall only be required to complete and return this form if information known to the division is no longer accurate or is materially incomplete.

(d) The division shall seek federal approval to institute a renewal process that allows a beneficiary receiving benefits under this section to remain enrolled in MassHealth after a redetermination form is returned as undeliverable and the division is otherwise unable to establish contact. If federal approval is granted, the recipient shall remain eligible for services under the MassHealth fee-for-service program until the time contact is reestablished or ineligibility is established, and to the extent federal financial participation is available.

(e) The division shall terminate eligibility only after it determines that the recipient is no longer eligible and all due process requirements are met in accordance with state and federal law.