Texas 2009 - 81st Regular

Texas House Bill HB2834 Compare Versions

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

Old	New	Differences
1	1	81R10774 ALB-D
2	2	By: Marquez H.B. No. 2834
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an eligibility determination system for the child
8	8	health plan and Medicaid programs operated by state employees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The legislature finds that it is in the best
11	11	interests of this state not to renew contracts made with call
12	12	centers under Section 531.063, Government Code, and to focus state
13	13	resources and efforts on the reconstruction of an effective,
14	14	local-office-based eligibility determination system for the child
15	15	health plan and Medicaid programs that is operated by trained and
16	16	knowledgeable state employees.
17	17	SECTION 2. Subchapter B, Chapter 531, Government Code, is
18	18	amended by adding Section 531.0631 to read as follows:
19	19	Sec. 531.0631. ELIGIBILITY DETERMINATIONS FOR CERTAIN
20	20	PROGRAMS. (a) The commission shall ensure that all initial
21	21	applications and eligibility recertifications for the child health
22	22	plan program under Chapter 62, Health and Safety Code, and the
23	23	medical assistance program under Chapter 32, Human Resources Code,
24	24	are processed only by state employees using the system required by
25	25	Section 531.192.
26	26	(b) This section applies regardless of whether an
27	27	application or eligibility recertification is received or
28	28	processed through a call center or local office.
29	29	(c) The commission may operate a call center to process an
30	30	application or eligibility recertification only if the commission
31	31	determines that a call center is a useful, cost-effective method to
32	32	provide that function. The call center must be staffed by state
33	33	employees.
34	34	SECTION 3. Subchapter F, Chapter 531, Government Code, is
35	35	amended by adding Section 531.192 to read as follows:
36	36	Sec. 531.192. INTAKE SYSTEM FOR CERTAIN PROGRAMS. (a)
37	37	Notwithstanding any other law, the commission shall implement an
38	38	intake system for the child health plan program under Chapter 62,
39	39	Health and Safety Code, and the children's Medicaid program under
40	40	Chapter 32, Human Resources Code, using only trained state
41	41	employees who are knowledgeable with respect to the eligibility
42	42	requirements of those programs.
43	43	(b) The commission may operate a call center to provide an
44	44	intake function only if the commission determines that a call
45	45	center is a useful, cost-effective method to provide that function.
46	46	The call center must be staffed by state employees.
47	47	(c) Notwithstanding any other law, the commission may not
48	48	contract with a private entity to perform any function specified by
49	49	this section.
50	50	SECTION 4. Section 531.191(d), Government Code, is amended
51	51	to read as follows:
52	52	(d) Except as provided by Sections 531.0631 and 531.192, on
53	53	[On] receipt by the state of any necessary federal approval and
54	54	subject to the approval of the governor and the Legislative Budget
55	55	Board, the commission may contract for implementation of all or
56	56	part of the plan required by Subsection (a) if the commission
57	57	determines that contracting may advance the objectives of
58	58	Subsections (a) and (b) and meets the criteria set out in the
59	59	cost-benefit analysis described in this subsection. Before the
60	60	awarding of a contract, the commission shall provide a detailed
61	61	cost-benefit analysis to the governor and the Legislative Budget
62	62	Board. The analysis must demonstrate the cost-effectiveness of the
63	63	plan, mechanisms for monitoring performance under the plan, and
64	64	specific improvements to the service delivery system and client
65	65	access made by the plan. The commission shall make the analysis
66	66	available to the public. Within 10 days after the release of a
67	67	request for bids, proposals, offers, or other applicable
68	68	expressions of interest relating to the development or
69	69	implementation of the plan required by Subsection (a), the
70	70	commission shall hold a public hearing and receive public comment
71	71	on the request.
72	72	SECTION 5. Section 531.063, Government Code, is repealed.
73	73	SECTION 6. The Health and Human Services Commission may not
74	74	renew a contract entered into before the effective date of this Act
75	75	for the establishment of a call center under Section 531.063,
76	76	Government Code, and may not enter into a new contract for that
77	77	purpose, on or after the effective date of this Act. During the
78	78	term of the contract entered into before the effective date of this
79	79	Act, the commission:
80	80	(1) must continue to directly operate local offices
81	81	for the purpose of determining an applicant's eligibility for
82	82	health and human services programs and allow an applicant to access
83	83	a local office in lieu of accessing a call center for an eligibility
84	84	determination; and
85	85	(2) may not terminate the employment of any state
86	86	employee whose primary job function involves determining the
87	87	eligibility of an applicant for health and human services programs
88	88	on the basis that the performance of those functions is no longer
89	89	needed.
90	90	SECTION 7. Not later than January 1, 2010, the Health and
91	91	Human Services Commission shall submit to the governor, lieutenant
92	92	governor, speaker of the house of representatives, and standing
93	93	committees of each house of the legislature having jurisdiction
94	94	over health and human services a plan on how the commission will
95	95	refocus its resources and efforts on the reconstruction of an
96	96	effective, local-office-based eligibility determination system.
97	97	SECTION 8. If before implementing any provision of this Act
98	98	a state agency determines that a waiver or authorization from a
99	99	federal agency is necessary for implementation of that provision,
100	100	the agency affected by the provision shall request the waiver or
101	101	authorization and may delay implementing that provision until the
102	102	waiver or authorization is granted.
103	103	SECTION 9. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2009.