Texas 2009 - 81st Regular

Texas House Bill HB1708 Compare Versions

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11 81R3558 UM-D
22 By: Martinez H.B. No. 1708
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the provision and evaluation of comprehensive substance
88 abuse treatment under the state Medicaid program.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1111 amended by adding Section 531.0226 to read as follows:
1212 Sec. 531.0226. STUDY REGARDING COMPREHENSIVE SUBSTANCE
1313 ABUSE TREATMENT. (a) The commission shall conduct a study
1414 regarding the cost-effectiveness of providing comprehensive
1515 substance abuse treatment, as described by Section 32.024(ff),
1616 Human Resources Code, to Medicaid recipients who are at least 21
1717 years of age.
1818 (b) To evaluate the cost-effectiveness of providing
1919 comprehensive substance abuse treatment to Medicaid recipients,
2020 the commission shall identify and use specific outcome measures.
2121 The outcome measures must be measured in three consecutive years,
2222 including the year before the year in which the recipient receives
2323 comprehensive substance abuse treatment, the year in which the
2424 treatment is first provided to the recipient, and the year
2525 following the year in which the treatment is first provided to the
2626 recipient. The study must include, for Medicaid recipients who
2727 receive comprehensive substance abuse treatment, at least the
2828 following outcome measures:
2929 (1) the average annual cost per recipient of a
3030 recipient's treatment under the Medicaid program, other than the
3131 comprehensive substance abuse treatment, including inpatient
3232 services other than inpatient labor and delivery services,
3333 outpatient services, and pharmaceutical and ancillary services;
3434 (2) the average annual cost per recipient of the
3535 comprehensive substance abuse treatment; and
3636 (3) the average annual number, per recipient, of:
3737 (A) inpatient days;
3838 (B) emergency department visits; and
3939 (C) outpatient visits.
4040 (c) To evaluate cost and utilization trends among Medicaid
4141 recipients who are at least 21 years of age and with respect to whom
4242 there is no evidence of a substance abuse disorder, the commission
4343 shall collect data regarding the outcome measures listed in
4444 Subsections (b)(1) and (3) for the same period described by
4545 Subsection (b).
4646 (d) In conducting the study, the commission shall ensure
4747 that outcome data is evaluated using:
4848 (1) appropriate demographic categories, including
4949 recipient age, disability, and income; and
5050 (2) the type of service delivery model through which
5151 the recipient received services through Medicaid, including the
5252 fee-for-service, primary care case management, and health
5353 maintenance organization models.
5454 (e) Using the data collected during the study, the
5555 commission shall evaluate cost and utilization trends and whether
5656 the provision of comprehensive substance abuse treatment through
5757 the state Medicaid program results in an increase in overall
5858 Medicaid spending. The commission shall prepare a report of the
5959 study data and the commission's determination and, not later than
6060 December 1, 2012, submit the report to the governor, the state
6161 auditor, and the Legislative Budget Board.
6262 (f) If the commission determines that the provision of
6363 comprehensive substance abuse treatment through the state Medicaid
6464 program has resulted in an increase in overall Medicaid spending,
6565 the commission:
6666 (1) may not continue to provide those services to a
6767 Medicaid recipient who is at least 21 years of age; and
6868 (2) shall, in the report required by Subsection (e),
6969 recommend the repeal of Section 32.024(ff), Human Resources Code.
7070 (g) This section expires January 1, 2013.
7171 SECTION 2. Section 32.024, Human Resources Code, is amended
7272 by adding Subsection (ff) to read as follows:
7373 (ff) Except as otherwise provided by this subsection, the
7474 department shall provide comprehensive substance abuse treatment
7575 under the medical assistance program to a person who is at least 21
7676 years of age, has a substance abuse disorder, and otherwise
7777 qualifies for medical assistance. The department may not provide
7878 the treatment if, based on the study conducted under Section
7979 531.0226, Government Code, a determination is made that the
8080 treatment resulted in an increase in overall medical assistance
8181 program spending. Comprehensive substance abuse treatment
8282 includes assessment, residential detoxification, outpatient
8383 detoxification, methadone maintenance, residential services,
8484 specialized residential services for women, outpatient chemical
8585 dependency counseling, and any other necessary services as
8686 determined by the department.
8787 SECTION 3. Not later than December 1, 2009, the Health and
8888 Human Services Commission shall submit to the Legislative Budget
8989 Board for approval the commission's proposed methodology,
9090 including outcome measures selected, for the cost-effectiveness
9191 study required by Section 531.0226, Government Code, as added by
9292 this Act.
9393 SECTION 4. If before implementing any provision of this Act
9494 a state agency determines that a waiver or authorization from a
9595 federal agency is necessary for implementation of that provision,
9696 the agency affected by the provision shall request the waiver or
9797 authorization and may delay implementing that provision until the
9898 waiver or authorization is granted.
9999 SECTION 5. This Act takes effect September 1, 2009.