INTEREST OR OTHER WAITING LIST FOR CERTAIN SERVICE MEMBERS AND DEPENDENTS

(a) In this section, "service member" means a member of the United States military serving in the army, navy, air force, marine corps, or coast guard on active duty. (b) This section applies only to: (1) a service member who has declared and maintains this state as the member's state of legal residence in the manner provided by the applicable military branch; (2) a spouse or dependent child of a member described by Subdivision (1); or (3) the spouse or dependent child of a former service member who had declared and maintained this state as the member's state of legal residence in the manner provided by the applicable military branch and who: (A) was killed in action; or (B) died while in service. (c) The executive commissioner by rule shall require the commission or another health and human services agency to: (1) maintain the position of an individual to whom this section applies in the queue of an interest list or other waiting list for any assistance program the commission or other health and human services agency provides, including a Section 1915(c) waiver program, if the individual cannot receive benefits under the assistance program because the individual temporarily resides out of state as the result of military service; and (2) subject to Subsection (e), offer benefits to the individual according to the individual's position on the interest list or other waiting list that was attained while the individual resided out of state if the individual returns to reside in this state. (d) If an individual to whom this section applies reaches a position on an interest list or other waiting list that would allow the individual to receive benefits under an assistance program but the individual cannot receive the benefits because the individual temporarily resides out of state as the result of military service, the commission or agency providing the benefits shall maintain the individual's position on the list relative to other individuals on the list but continue to offer benefits to other individuals on the interest list or other waiting list in accordance with those individuals' respective positions on the list. (e) In adopting rules under Subsection (c), the executive commissioner must limit the amount of time an individual to whom this section applies may maintain the individual's position on an interest list or other waiting list under Subsection (c) to not more than one year after the date on which, as applicable: (1) the service member's active duty ends; (2) the member was killed if the member was killed in action; or (3) the member died if the member died while in service.