1 | 1 | | 81R3558 UM-D |
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2 | 2 | | By: Martinez H.B. No. 1708 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the provision and evaluation of comprehensive substance |
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8 | 8 | | abuse treatment under the state Medicaid program. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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11 | 11 | | amended by adding Section 531.0226 to read as follows: |
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12 | 12 | | Sec. 531.0226. STUDY REGARDING COMPREHENSIVE SUBSTANCE |
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13 | 13 | | ABUSE TREATMENT. (a) The commission shall conduct a study |
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14 | 14 | | regarding the cost-effectiveness of providing comprehensive |
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15 | 15 | | substance abuse treatment, as described by Section 32.024(ff), |
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16 | 16 | | Human Resources Code, to Medicaid recipients who are at least 21 |
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17 | 17 | | years of age. |
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18 | 18 | | (b) To evaluate the cost-effectiveness of providing |
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19 | 19 | | comprehensive substance abuse treatment to Medicaid recipients, |
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20 | 20 | | the commission shall identify and use specific outcome measures. |
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21 | 21 | | The outcome measures must be measured in three consecutive years, |
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22 | 22 | | including the year before the year in which the recipient receives |
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23 | 23 | | comprehensive substance abuse treatment, the year in which the |
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24 | 24 | | treatment is first provided to the recipient, and the year |
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25 | 25 | | following the year in which the treatment is first provided to the |
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26 | 26 | | recipient. The study must include, for Medicaid recipients who |
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27 | 27 | | receive comprehensive substance abuse treatment, at least the |
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28 | 28 | | following outcome measures: |
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29 | 29 | | (1) the average annual cost per recipient of a |
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30 | 30 | | recipient's treatment under the Medicaid program, other than the |
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31 | 31 | | comprehensive substance abuse treatment, including inpatient |
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32 | 32 | | services other than inpatient labor and delivery services, |
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33 | 33 | | outpatient services, and pharmaceutical and ancillary services; |
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34 | 34 | | (2) the average annual cost per recipient of the |
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35 | 35 | | comprehensive substance abuse treatment; and |
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36 | 36 | | (3) the average annual number, per recipient, of: |
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37 | 37 | | (A) inpatient days; |
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38 | 38 | | (B) emergency department visits; and |
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39 | 39 | | (C) outpatient visits. |
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40 | 40 | | (c) To evaluate cost and utilization trends among Medicaid |
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41 | 41 | | recipients who are at least 21 years of age and with respect to whom |
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42 | 42 | | there is no evidence of a substance abuse disorder, the commission |
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43 | 43 | | shall collect data regarding the outcome measures listed in |
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44 | 44 | | Subsections (b)(1) and (3) for the same period described by |
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45 | 45 | | Subsection (b). |
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46 | 46 | | (d) In conducting the study, the commission shall ensure |
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47 | 47 | | that outcome data is evaluated using: |
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48 | 48 | | (1) appropriate demographic categories, including |
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49 | 49 | | recipient age, disability, and income; and |
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50 | 50 | | (2) the type of service delivery model through which |
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51 | 51 | | the recipient received services through Medicaid, including the |
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52 | 52 | | fee-for-service, primary care case management, and health |
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53 | 53 | | maintenance organization models. |
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54 | 54 | | (e) Using the data collected during the study, the |
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55 | 55 | | commission shall evaluate cost and utilization trends and whether |
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56 | 56 | | the provision of comprehensive substance abuse treatment through |
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57 | 57 | | the state Medicaid program results in an increase in overall |
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58 | 58 | | Medicaid spending. The commission shall prepare a report of the |
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59 | 59 | | study data and the commission's determination and, not later than |
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60 | 60 | | December 1, 2012, submit the report to the governor, the state |
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61 | 61 | | auditor, and the Legislative Budget Board. |
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62 | 62 | | (f) If the commission determines that the provision of |
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63 | 63 | | comprehensive substance abuse treatment through the state Medicaid |
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64 | 64 | | program has resulted in an increase in overall Medicaid spending, |
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65 | 65 | | the commission: |
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66 | 66 | | (1) may not continue to provide those services to a |
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67 | 67 | | Medicaid recipient who is at least 21 years of age; and |
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68 | 68 | | (2) shall, in the report required by Subsection (e), |
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69 | 69 | | recommend the repeal of Section 32.024(ff), Human Resources Code. |
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70 | 70 | | (g) This section expires January 1, 2013. |
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71 | 71 | | SECTION 2. Section 32.024, Human Resources Code, is amended |
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72 | 72 | | by adding Subsection (ff) to read as follows: |
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73 | 73 | | (ff) Except as otherwise provided by this subsection, the |
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74 | 74 | | department shall provide comprehensive substance abuse treatment |
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75 | 75 | | under the medical assistance program to a person who is at least 21 |
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76 | 76 | | years of age, has a substance abuse disorder, and otherwise |
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77 | 77 | | qualifies for medical assistance. The department may not provide |
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78 | 78 | | the treatment if, based on the study conducted under Section |
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79 | 79 | | 531.0226, Government Code, a determination is made that the |
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80 | 80 | | treatment resulted in an increase in overall medical assistance |
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81 | 81 | | program spending. Comprehensive substance abuse treatment |
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82 | 82 | | includes assessment, residential detoxification, outpatient |
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83 | 83 | | detoxification, methadone maintenance, residential services, |
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84 | 84 | | specialized residential services for women, outpatient chemical |
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85 | 85 | | dependency counseling, and any other necessary services as |
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86 | 86 | | determined by the department. |
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87 | 87 | | SECTION 3. Not later than December 1, 2009, the Health and |
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88 | 88 | | Human Services Commission shall submit to the Legislative Budget |
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89 | 89 | | Board for approval the commission's proposed methodology, |
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90 | 90 | | including outcome measures selected, for the cost-effectiveness |
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91 | 91 | | study required by Section 531.0226, Government Code, as added by |
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92 | 92 | | this Act. |
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93 | 93 | | SECTION 4. If before implementing any provision of this Act |
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94 | 94 | | a state agency determines that a waiver or authorization from a |
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95 | 95 | | federal agency is necessary for implementation of that provision, |
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96 | 96 | | the agency affected by the provision shall request the waiver or |
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97 | 97 | | authorization and may delay implementing that provision until the |
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98 | 98 | | waiver or authorization is granted. |
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99 | 99 | | SECTION 5. This Act takes effect September 1, 2009. |
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