85S11045 KLA-F
 
  By: Menéndez S.B. No. 102
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reimbursement rates for Medicaid acute care therapy
  services; making an appropriation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) In addition to other amounts appropriated to
  the Health and Human Services Commission for the state fiscal
  biennium ending August 31, 2019, $112,020,886 is appropriated from
  the economic stabilization fund and $148,492,803 is appropriated
  from federal funds to the Health and Human Services Commission for
  that state fiscal biennium to:
               (1)  fully reverse the reductions made during the state
  fiscal biennium ending August 31, 2017, to reimbursement rates for
  Medicaid acute care therapy services that are not reversed in
  accordance with Rider 218, S.B. 1, Acts of the 85th Legislature,
  Regular Session, 2017 (the General Appropriations Act), to the bill
  pattern of the appropriations to the commission; and
               (2)  provide funding to make unnecessary the
  implementation during the state fiscal biennium ending August 31,
  2019, of adopted reductions in reimbursement rates paid to therapy
  assistants for the provision of Medicaid acute care therapy
  services.
         (b)  It is the intent of the legislature that the Health and
  Human Services Commission ensure that money appropriated by this
  section is fully reflected in the reimbursement rates paid to
  providers of Medicaid acute care therapy services in both the
  Medicaid fee-for-service and managed care delivery models.
         SECTION 2.  Rider 218, S.B. 1, Acts of the 85th Legislature,
  Regular Session, 2017 (the General Appropriations Act), to the bill
  pattern of the appropriations to the Health and Human Services
  Commission is amended to read as follows:
         218. Adjustment of Therapy Rate Reductions. Funds
  appropriated above in the strategies in Goal A, Medicaid Client
  Services, include $11,850,000 in General Revenue Funds and
  $15,593,261 in Federal Funds ($27,443,261 in All Funds) for fiscal
  year 2018 and $12,555,500 in General Revenue Funds and $16,834,045
  in Federal Funds ($29,389,045 in All Funds) for fiscal year 2019 to
  restore approximately 25 percent of the reductions made to
  reimbursement rates for acute care therapy services during the
  2016-17 biennium. The Health and Human Services Commission is
  directed to allocate the restorations among provider types and
  procedure codes to preserve access to care for clients served under
  Medicaid fee-for-service and managed care models. It is the intent
  of the Legislature that HHSC shall ensure any funds restored
  through this rider are fully reflected in reimbursement rates paid
  to providers of acute care therapy services in both fee-for-service
  and managed care models.
         Additionally, funds appropriated above in Goal A, Medicaid
  Client Services, include $14,100,000 in General Revenue Funds and
  $18,554,006 in Federal Funds ($32,654,006 in All Funds) for fiscal
  year 2018 for the payment of reimbursements to [phase-in and delay
  the reduction of rates for] therapy assistants for the provision of
  Medicaid acute care therapy services. [Appropriated amounts assume
  the reductions will not begin until December 1, 2017 and that rates
  will remain at 85 percent of the rate paid to a licensed therapist
  from that date until September 1, 2018. Appropriated amounts assume
  rates for therapy assistants will be reduced to 70 percent of the
  rate paid to a licensed therapist beginning September 1, 2018.]
         SECTION 3.  (a) Subject to Subsection (b) of this section:
               (1)  this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution; and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.
         (b)  This Act takes effect only if it receives a vote of
  two-thirds of the members present in each house of the legislature,
  as provided by Section 49-g(m), Article III, Texas Constitution.