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AN ACT
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relating to long-term care consumer information and Medicaid waiver |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.077 to read as follows: |
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Sec. 161.077. LONG-TERM CARE MEDICAID WAIVER PROGRAMS. |
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(a) In this section, "Section 1915(c) waiver program" has the |
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meaning assigned by Section 531.001, Government Code. |
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(b) The department, in consultation with the commission, |
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shall streamline the administration of and delivery of services |
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through Section 1915(c) waiver programs. In implementing this |
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subsection, the department, subject to Subsection (c), may consider |
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implementing the following streamlining initiatives: |
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(1) reducing the number of forms used in administering |
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the programs; |
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(2) revising program provider manuals and training |
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curricula; |
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(3) consolidating service authorization systems; |
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(4) eliminating any physician signature requirements |
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the department considers unnecessary; |
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(5) standardizing individual service plan processes |
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across the programs; and |
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(6) any other initiatives that will increase |
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efficiencies in the programs. |
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(c) The department shall ensure that actions taken under |
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this section do not conflict with any requirements of the |
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commission under Section 531.0218, Government Code. |
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SECTION 2. Effective September 15, 2009, Section 531.02191, |
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Government Code, is amended to read as follows: |
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Sec. 531.02191. PUBLIC INPUT. In complying with the |
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requirements of Section [Sections] 531.0218 [and 531.0219], the |
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commission shall regularly consult with and obtain input from: |
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(1) consumers and family members; |
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(2) providers; |
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(3) advocacy groups; |
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(4) state agencies that administer a Section 1915(c) |
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waiver program; and |
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(5) other interested persons. |
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SECTION 3. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0318 to read as follows: |
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Sec. 531.0318. LONG-TERM CARE CONSUMER INFORMATION MADE |
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AVAILABLE THROUGH THE INTERNET. (a) The Internet site maintained |
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under Section 531.0317 must include information for consumers |
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concerning long-term care services that complies with this section. |
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The Internet site maintained by the Department of Aging and |
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Disability Services must also include, or provide a link to, the |
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information required by this section. |
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(b) The information for consumers required by this section |
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must: |
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(1) be presented in a manner that is easily accessible |
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to, and understandable by, a consumer; and |
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(2) allow a consumer to make informed choices |
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concerning long-term care services and include: |
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(A) an explanation of the manner in which |
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long-term care service delivery is administered in different |
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counties through different programs operated by the commission and |
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by the Department of Aging and Disability Services, so that an |
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individual can easily understand the service options available in |
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the area in which that individual lives; and |
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(B) for the Medicaid Star + Plus pilot program, |
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information that allows a consumer to evaluate the performance of |
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each participating plan issuer, including for each issuer, in an |
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accessible format such as a table: |
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(i) the enrollment in each county; |
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(ii) additional "value-added" services |
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provided; |
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(iii) a summary of the financial |
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statistical report required under Subchapter A, Chapter 533; |
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(iv) complaint information; |
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(v) any sanction or penalty imposed by any |
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state agency, including a sanction or penalty imposed by the |
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commission or the Texas Department of Insurance; |
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(vi) information concerning consumer |
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satisfaction; and |
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(vii) other data, including relevant data |
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from reports of external quality review organizations, that may be |
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used by the consumer to evaluate the quality of the services |
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provided. |
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(c) In addition to providing the information required by |
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this section through the Internet, the commission or the Department |
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of Aging and Disability Services shall, on request by a consumer |
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without Internet access, provide the consumer with a printed copy |
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of the information from the website. The commission or department |
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may charge a reasonable fee for printing the information. |
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SECTION 4. (a) Effective September 15, 2009, Section |
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531.0219, Government Code, is repealed. |
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(b) Subject to Section 7 of this Act: |
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(1) effective September 15, 2009, the consolidated |
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waiver program under Section 531.0219, Government Code, is |
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abolished; and |
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(2) the Department of Aging and Disability Services, |
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with the assistance of the Health and Human Services Commission, |
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shall: |
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(A) before September 14, 2009, determine in which |
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other Section 1915(c) waiver programs, as defined by Section |
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531.001, Government Code, each person receiving services through |
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the consolidated waiver program is eligible for enrollment; and |
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(B) not later than September 14, 2009, transfer |
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the person's enrollment without any break in service from the |
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consolidated waiver program to an appropriate program described by |
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Paragraph (A) of this subdivision for which the person is eligible. |
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(c) A person described by Subsection (b) of this section may |
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not be placed on an interest list or any other waiting list for a |
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Section 1915(c) waiver program instead of being enrolled in a |
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program as required by Paragraph (B), Subdivision (2), Subsection |
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(b), of this section. |
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SECTION 5. (a) Not later than January 1, 2010, the Health |
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and Human Services Commission shall make the information required |
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by Section 531.0318, Government Code, as added by this Act, |
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available through the Internet. |
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(b) In developing the information required to be made |
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available under this Act, the Health and Human Services Commission |
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shall incorporate long-term care provider quality information |
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reported through the Department of Aging and Disability Services |
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Internet site, as well as other appropriate available information |
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concerning the quality of services provided through the long-term |
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care service delivery programs operated by that department. |
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SECTION 6. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 7. If before implementing any provision of this Act |
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a state agency determines that the implementation of the provision |
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could result in a reduction or elimination of federal funding, the |
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agency affected by the provision may delay implementing that |
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provision, including by continuing to operate the consolidated |
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waiver program otherwise eliminated by this Act, until the agency |
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is notified by the federal government that the implementation will |
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not result in a reduction or elimination of federal funding. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 705 passed the Senate on |
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April 2, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 705 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |