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AN ACT
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relating to access to certain long-term care services and supports |
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under the medical assistance program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0515 to read as follows: |
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Sec. 531.0515. RISK MANAGEMENT CRITERIA FOR CERTAIN WAIVER |
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PROGRAMS. (a) In this section, "legally authorized |
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representative" has the meaning assigned by Section 531.051. |
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(b) The commission shall consider developing risk |
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management criteria under home and community-based services waiver |
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programs designed to allow individuals eligible to receive services |
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under the programs to assume greater choice and responsibility over |
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the services and supports the individuals receive. |
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(c) The commission shall ensure that any risk management |
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criteria developed under this section include: |
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(1) a requirement that if an individual to whom |
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services and supports are to be provided has a legally authorized |
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representative, the representative be involved in determining |
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which services and supports the individual will receive; and |
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(2) a requirement that if services or supports are |
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declined, the decision to decline is clearly documented. |
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SECTION 2. Section 533.0355, Health and Safety Code, is |
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amended by adding Subsection (h) to read as follows: |
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(h) The Department of Aging and Disability Services shall |
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ensure that local mental retardation authorities are informing and |
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counseling individuals and their legally authorized |
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representatives, if applicable, about all program and service |
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options for which the individuals are eligible in accordance with |
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Section 533.038(d), including options such as the availability and |
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types of ICF-MR placements for which an individual may be eligible |
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while the individual is on a department interest list or other |
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waiting list for other services. |
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SECTION 3. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Sections 161.084 and 161.085 to read as |
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follows: |
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Sec. 161.084. MEDICAID SERVICE OPTIONS PUBLIC EDUCATION |
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INITIATIVE. (a) In this section, "Section 1915(c) waiver program" |
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has the meaning assigned by Section 531.001, Government Code. |
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(b) The department, in cooperation with the commission, |
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shall educate the public on: |
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(1) the availability of home and community-based |
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services under a Medicaid state plan program, including the primary |
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home care and community attendant services programs, and under a |
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Section 1915(c) waiver program; and |
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(2) the various service delivery options available |
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under the Medicaid program, including the consumer direction models |
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available to recipients under Section 531.051, Government Code. |
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(c) The department may coordinate the activities under this |
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section with any other related activity. |
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Sec. 161.085. INTEREST LIST REPORTING. The department |
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shall post on the department's Internet website historical data, |
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categorized by state fiscal year, on the percentages of individuals |
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who elect to receive services under a program for which the |
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department maintains an interest list once their names reach the |
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top of the list. |
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SECTION 4. (a) In this section: |
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(1) "Long-term care services" has the meaning assigned |
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by Section 22.0011, Human Resources Code. |
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(2) "Medical assistance program" means the medical |
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assistance program administered under Chapter 32, Human Resources |
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Code. |
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(3) "Nursing facility" means a convalescent or nursing |
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home or related institution licensed under Chapter 242, Health and |
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Safety Code. |
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(b) The Health and Human Services Commission, in |
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cooperation with the Department of Aging and Disability Services, |
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shall prepare a written report regarding individuals who receive |
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long-term care services in nursing facilities under the medical |
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assistance program. The report should use existing data and |
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information to identify: |
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(1) the reasons medical assistance recipients of |
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long-term care services are placed in nursing facilities as opposed |
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to being provided long-term care services in home or |
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community-based settings; |
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(2) the types of medical assistance services |
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recipients residing in nursing facilities typically receive and |
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where and from whom those services are typically provided; |
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(3) community-based services and supports available |
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under a Medicaid state plan program, including the primary home |
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care and community attendant services programs, or under a medical |
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assistance waiver granted in accordance with Section 1915(c) of the |
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federal Social Security Act (42 U.S.C. Section 1396n(c)) for which |
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recipients residing in nursing facilities may be eligible; and |
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(4) ways to expedite recipients' access to |
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community-based services and supports identified under Subdivision |
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(3) of this subsection for which interest lists or other waiting |
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lists exist. |
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(c) Not later than September 1, 2012, the Health and Human |
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Services Commission shall submit the report described by Subsection |
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(b) of this section together with the commission's recommendations |
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to the governor, the Legislative Budget Board, the Senate Committee |
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on Finance, the Senate Committee on Health and Human Services, the |
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House Appropriations Committee, and the House Human Services |
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Committee. The recommendations must address options for expediting |
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access to community-based services and supports by recipients |
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described by Subdivision (3), Subsection (b) of this section. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall apply for and actively pursue amendments |
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from the federal Centers for Medicare and Medicaid Services, or any |
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other appropriate federal agency, to the community living |
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assistance and support services waiver and the home and |
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community-based services program waiver granted under Section |
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1915(c) of the federal Social Security Act (42 U.S.C. Section |
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1396n(c)) to authorize the provision of personal attendant services |
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through the programs operated under those waivers. |
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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. This Act takes effect September 1, 2011. |
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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. 222 passed the Senate on |
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April 7, 2011, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, 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. 222 passed the House, with |
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amendment, on May 20, 2011, by the following vote: Yeas 142, |
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Nays 7, 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 |