83R21986 KFF-F
 
  By: Zerwas, Rose H.B. No. 3158
 
  Substitute the following for H.B. No. 3158:
 
  By:  Raymond C.S.H.B. No. 3158
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Medicaid managed care pilot programs for contracts with
  provider-directed managed care organizations, including
  organizations that delegate to health care collaboratives, and to
  the establishment of those collaboratives.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 533, Government Code, is
  amended by adding Section 533.0045 to read as follows:
         Sec. 533.0045.  PILOT PROGRAMS FOR CONTRACTS WITH
  PROVIDER-DIRECTED MANAGED CARE ORGANIZATIONS. (a) In this section:
               (1)  "Delegation agreement" has the meaning assigned by
  Section 1272.001, Insurance Code.
               (2)  "Health care collaborative" has the meaning
  assigned by Section 848.001, Insurance Code, and includes an entity
  described by Section 316.001, Health and Safety Code.
               (3)  "Medical assistance" has the meaning assigned by
  Section 32.003, Human Resources Code.
         (b)  If cost-effective and feasible, the commission shall
  develop and implement pilot programs under which the commission
  contracts with provider-directed managed care organizations for
  purposes of:
               (1)  promoting the efficient utilization of medical
  assistance services by recipients; and
               (2)  determining the ability of the organizations to
  improve patient outcomes and contain costs associated with
  providing medical assistance to recipients within each
  organization's service delivery area.
         (c)  The commission may develop and implement pilot programs
  under this section to test one or more service delivery models
  designed to provide medical assistance for acute care through a
  health maintenance organization that executes a delegation
  agreement with a health care collaborative, provided that:
               (1)  the delegation agreement between the health care
  collaborative and the health maintenance organization is subject to
  the requirements of Chapter 1272, Insurance Code, and other
  applicable state and federal law; and
               (2)  at least one of the pilot programs established as
  provided by this subsection is conducted with a provider-managed
  health maintenance organization that is owned by a not-for-profit
  pediatric facility.
         (d)  If the commission implements pilot programs under this
  section, the commission shall:
               (1)  implement those programs not later than September
  1, 2015;
               (2)  operate each program for at least 36 months and be
  permitted to extend the period if the commission determines an
  extension is appropriate; and
               (3)  establish each program only in a service delivery
  area that:
                     (A)  has more than 400,000 individuals who, in the
  aggregate, are eligible for benefits under the STAR + PLUS Medicaid
  managed care program or the child health plan program;
                     (B)  is served by three or fewer managed care
  organizations; and
                     (C)  is served by a managed care organization that
  provides services to more than 40 percent of recipients in the
  service delivery area under the STAR + PLUS Medicaid managed
  program or enrollees in the service delivery area under the child
  health plan program.
         (e)  On the conclusion of a pilot program, the commission:
               (1)  shall evaluate the strengths and weaknesses of the
  program and determine, based on the commission's evaluation, the
  feasibility of expanding the program or implementing elements of
  the program statewide; and
               (2)  if the commission determines it feasible and
  likely to result in the effective provision of medical assistance
  to recipients statewide, shall, not later than December 31, 2018,
  submit a report to the governor and the legislature that makes
  recommendations regarding improved policies and procedures with
  statewide applicability.
         (f)  This section expires September 1, 2019.
         SECTION 2.  Section 316.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 316.001.  AUTHORITY TO ESTABLISH HEALTH CARE
  COLLABORATIVE.  A public hospital created under Subtitle C or D, a
  facility that is owned or operated by a public or not-for-profit
  hospital and that includes an academic health center, or a hospital
  district created under general or special law may form and sponsor a
  nonprofit health care collaborative that is certified under Chapter
  848, Insurance Code, or is otherwise exempt from obtaining a
  certificate of authority or determination of approval under Section
  848.002, Insurance Code.
         SECTION 3.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 4.  This Act takes effect September 1, 2013.