By: Zerwas H.B. No. 3158
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain contracts for Medicaid managed care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.01.  Subchapter B, Chapter 32, Human Resources
  Code is amended by adding Sec. 32.0491, and 32.492, to read as
  follows:
         Sec. 32.491.  PILOT PROJECTS TO ENCOURAGE MANAGED CARE
  CONTRACTING WITH HEALTH CARE COLLABORATIVES. (a) In this section,
  "health care collaboratives" has the meaning assigned by Section
  848.001, Insurance Code.
         (b)  In this section, a "delegation agreement" means a
  contract that complies with Chapter 1272, Insurance Code.
         (c)  The department shall develop and implement a managed
  care contracting pilot program that is consistent with federal law
  to:
               (1)  promote efficient utilization of Medicaid
  services by recipients; and
               (2)  demonstrate the ability of provider-owned managed
  care organizations to improve patient outcomes and contain costs
  for providing medical assistance to recipients within their service
  delivery area.
         (d)  The department may develop and implement pilot programs
  in accordance with this subchapter to test one or more service
  delivery models that provide medical assistance for acute care
  through a health maintenance organization that executes a
  delegation agreement with a health care collaborative under Chapter
  848, Insurance Code. The Commissioner may contract with such a
  health maintenance organization to implement the pilot Medicaid
  managed care program under this chapter, provided, however, that:
               (1)  the delegation agreement between the health care
  collaborative and the health maintenance organization complies
  with state and federal law; and
               (2)  at least one of the pilot programs established
  under this subchapter is conducted with a provider-managed health
  maintenance organization that is owned by a not-for-profit
  pediatric facility.
         Sec. 32.492.  IMPLEMENTATION, LOCATION AND DURATION.
  (a)  The department shall implement the pilot programs established
  under this subchapter not later than September 1, 2015.
         (b)  A pilot program established under this subchapter shall
  be conducted in a service delivery area that has over 400,000
  combined STAR and CHIP eligibles; maintains three or less managed
  care organizations in that service delivery area; and has at least
  one existing managed care organization with over 40 percent market
  share in either STAR or CHIP programs.
         (c)  A pilot program established under this subchapter must
  operate for not less than 36 months and may be extended as the
  commissioner deems appropriate.
         (d)  If at the conclusion of the period specified by
  subsection (c) the department evaluates the strengths and
  weaknesses of each implemented pilot program and determines the
  feasibility of expanding the pilot program statewide, the
  department may adopt improved policies and procedures with
  statewide applicability, as determined from the information
  obtained in operating the pilot program, to ensure effective
  provision of medical assistance to recipients statewide.
         SECTION 2.  Chapter 316, Health and Safety Code, is amended
  as follows:
         SECTION 2.01.  Section 316.001, Health and Safety Code, is
  amended to read as follows:
         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 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 otherwise exempt from certification under Section 848.002,
  Insurance Code.
         SECTION 3.  This Act takes effect September 1, 2013.