Texas 2009 - 81st Regular

Texas House Bill HB1729 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R5657 UM-D
2	2	By: Madden H.B. No. 1729
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain requirements regarding the provision of home
8	8	and community-based services under the Medicaid program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 242.003, Health and Safety Code, is
11	11	amended to read as follows:
12	12	Sec. 242.003. EXEMPTIONS. Except as otherwise provided,
13	13	this chapter does not apply to:
14	14	(1) a hotel or other similar place that furnishes only
15	15	food, lodging, or both, to its guests;
16	16	(2) a hospital;
17	17	(3) an establishment conducted by or for the adherents
18	18	of a well-recognized church or religious denomination for the
19	19	purpose of providing facilities for the care or treatment of the
20	20	sick who depend exclusively on prayer or spiritual means for
21	21	healing, without the use of any drug or material remedy, if the
22	22	establishment complies with safety, sanitary, and quarantine laws
23	23	and rules;
24	24	(4) an establishment that furnishes, in addition to
25	25	food, shelter, and laundry, only baths and massages;
26	26	(5) an institution operated by a person licensed by
27	27	the Texas Board of Chiropractic Examiners;
28	28	(6) a facility that:
29	29	(A) primarily engages in training, habilitation,
30	30	rehabilitation, or education of clients or residents;
31	31	(B) is operated under the jurisdiction of a state
32	32	or federal agency, including the Department of Assistive and
33	33	Rehabilitative Services, Department of Aging and Disability
34	34	Services, Department of State Health Services, Health and Human
35	35	Services Commission [Texas Rehabilitation Commission, Texas
36	36	Department of Mental Health and Mental Retardation, Texas
37	37	Department of Human Services, Texas Commission for the Blind, Texas
38	38	Commission on Alcohol and Drug Abuse], [institutional division of
39	39	the] Texas Department of Criminal Justice, and Department of
40	40	Veterans Affairs [the Veteran's Administration]; and
41	41	(C) is certified through inspection or
42	42	evaluation as meeting the standards established by the state or
43	43	federal agency;
44	44	(7) a foster care type residential facility that
45	45	serves fewer than five persons and operates under rules adopted by
46	46	the Texas Department of Human Services or the executive
47	47	commissioner of the Health and Human Services Commission, as
48	48	applicable; [and]
49	49	(8) a facility licensed under Chapter 252 or exempt
50	50	from licensure under Section 252.003; or
51	51	(9) a home described by Section 161.081, Human
52	52	Resources Code.
53	53	SECTION 2. Section 247.004, Health and Safety Code, is
54	54	amended to read as follows:
55	55	Sec. 247.004. EXEMPTIONS. This chapter does not apply to:
56	56	(1) a boarding facility that has rooms for rent and
57	57	that may offer community meals, light housework, meal preparation,
58	58	transportation, grocery shopping, money management, or laundry
59	59	services but that does not provide personal care services;
60	60	(2) an establishment conducted by or for the adherents
61	61	of the Church of Christ, Scientist, for the purpose of providing
62	62	facilities for the care or treatment of the sick who depend
63	63	exclusively on prayer or spiritual means for healing without the
64	64	use of any drug or material remedy if the establishment complies
65	65	with local safety, sanitary, and quarantine ordinances and
66	66	regulations;
67	67	(3) a facility conducted by or for the adherents of a
68	68	qualified religious society classified as a tax-exempt
69	69	organization under an Internal Revenue Service group exemption
70	70	ruling for the purpose of providing personal care services without
71	71	charge solely for the society's professed members or ministers in
72	72	retirement, if the facility complies with local safety, sanitation,
73	73	and quarantine ordinances and regulations; [or]
74	74	(4) a facility that provides personal care services
75	75	only to persons enrolled in a program that is funded in whole or in
76	76	part by the Texas Department of Mental Health and Mental
77	77	Retardation and that is monitored by the Texas Department of Mental
78	78	Health and Mental Retardation or its designated local authority in
79	79	accordance with standards set by the Texas Department of Mental
80	80	Health and Mental Retardation; or
81	81	(5) a home described by Section 161.081, Human
82	82	Resources Code.
83	83	SECTION 3. Section 252.003, Health and Safety Code, is
84	84	amended to read as follows:
85	85	Sec. 252.003. EXEMPTIONS. Except as otherwise provided by
86	86	this chapter, this chapter does not apply to an establishment that:
87	87	(1) provides training, habilitation, rehabilitation,
88	88	or education to individuals with mental retardation or a related
89	89	condition;
90	90	(2) is operated under the jurisdiction of a state or
91	91	federal agency, including the Department of Assistive and
92	92	Rehabilitative Services, Department of Aging and Disability
93	93	Services, Department of State Health Services, Health and Human
94	94	Services Commission [department, the Texas Rehabilitation
95	95	Commission, the Texas Department of Mental Health and Mental
96	96	Retardation, the Texas Commission for the Blind, the Texas
97	97	Commission on Alcohol and Drug Abuse], [the institutional division
98	98	of the] Texas Department of Criminal Justice, and Department of
99	99	Veterans Affairs [or the Veterans' Administration];
100	100	(3) is certified through inspection or evaluation as
101	101	meeting the standards established by the state or federal agency;
102	102	[and]
103	103	(4) is conducted by or for the adherents of a
104	104	well-recognized church or religious denomination for the purpose of
105	105	providing facilities for the care or treatment of the sick who
106	106	depend exclusively on prayer or spiritual means for healing,
107	107	without the use of any drug or material remedy, if the establishment
108	108	complies with safety, sanitary, and quarantine laws and rules; or
109	109	(5) is a home described by Section 161.081, Human
110	110	Resources Code.
111	111	SECTION 4. Subchapter D, Chapter 161, Human Resources Code,
112	112	is amended by adding Section 161.081 to read as follows:
113	113	Sec. 161.081. HOME AND COMMUNITY-BASED SERVICES PROVIDERS;
114	114	NUMBER OF RESIDENTS ALLOWED. (a) In this section, "home and
115	115	community-based services" means the services described by 42 U.S.C.
116	116	Section 1396n(c) that are provided by a person under a contract with
117	117	the department.
118	118	(b) A person certified by the department to provide home and
119	119	community-based services may provide services in homes in which six
120	120	or fewer individuals receiving similar services reside, but only if
121	121	a direct services provider does not reside in the home.
122	122	(c) A home in which six or fewer individuals receiving
123	123	similar services reside and in which at least one individual is
124	124	receiving services from a home and community-based services program
125	125	provider, but in which a direct services provider does not reside,
126	126	is exempt from licensing under Chapter 242, 247, or 252, Health and
127	127	Safety Code.
128	128	SECTION 5. If before implementing any provision of this Act
129	129	a state agency determines that a waiver or authorization from a
130	130	federal agency is necessary for implementation of that provision,
131	131	the agency affected by the provision shall request the waiver or
132	132	authorization and may delay implementing that provision until the
133	133	waiver or authorization is granted.
134	134	SECTION 6. This Act takes effect September 1, 2009.