81R10774 ALB-D
By: Marquez H.B. No. 2834
A BILL TO BE ENTITLED
AN ACT
relating to an eligibility determination system for the child
health plan and Medicaid programs operated by state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that it is in the best
interests of this state not to renew contracts made with call
centers under Section 531.063, Government Code, and to focus state
resources and efforts on the reconstruction of an effective,
local-office-based eligibility determination system for the child
health plan and Medicaid programs that is operated by trained and
knowledgeable state employees.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0631 to read as follows:
Sec. 531.0631. ELIGIBILITY DETERMINATIONS FOR CERTAIN
PROGRAMS. (a) The commission shall ensure that all initial
applications and eligibility recertifications for the child health
plan program under Chapter 62, Health and Safety Code, and the
medical assistance program under Chapter 32, Human Resources Code,
are processed only by state employees using the system required by
Section 531.192.
(b) This section applies regardless of whether an
application or eligibility recertification is received or
processed through a call center or local office.
(c) The commission may operate a call center to process an
application or eligibility recertification only if the commission
determines that a call center is a useful, cost-effective method to
provide that function. The call center must be staffed by state
employees.
SECTION 3. Subchapter F, Chapter 531, Government Code, is
amended by adding Section 531.192 to read as follows:
Sec. 531.192. INTAKE SYSTEM FOR CERTAIN PROGRAMS. (a)
Notwithstanding any other law, the commission shall implement an
intake system for the child health plan program under Chapter 62,
Health and Safety Code, and the children's Medicaid program under
Chapter 32, Human Resources Code, using only trained state
employees who are knowledgeable with respect to the eligibility
requirements of those programs.
(b) The commission may operate a call center to provide an
intake function only if the commission determines that a call
center is a useful, cost-effective method to provide that function.
The call center must be staffed by state employees.
(c) Notwithstanding any other law, the commission may not
contract with a private entity to perform any function specified by
this section.
SECTION 4. Section 531.191(d), Government Code, is amended
to read as follows:
(d) Except as provided by Sections 531.0631 and 531.192, on
[On] receipt by the state of any necessary federal approval and
subject to the approval of the governor and the Legislative Budget
Board, the commission may contract for implementation of all or
part of the plan required by Subsection (a) if the commission
determines that contracting may advance the objectives of
Subsections (a) and (b) and meets the criteria set out in the
cost-benefit analysis described in this subsection. Before the
awarding of a contract, the commission shall provide a detailed
cost-benefit analysis to the governor and the Legislative Budget
Board. The analysis must demonstrate the cost-effectiveness of the
plan, mechanisms for monitoring performance under the plan, and
specific improvements to the service delivery system and client
access made by the plan. The commission shall make the analysis
available to the public. Within 10 days after the release of a
request for bids, proposals, offers, or other applicable
expressions of interest relating to the development or
implementation of the plan required by Subsection (a), the
commission shall hold a public hearing and receive public comment
on the request.
SECTION 5. Section 531.063, Government Code, is repealed.
SECTION 6. The Health and Human Services Commission may not
renew a contract entered into before the effective date of this Act
for the establishment of a call center under Section 531.063,
Government Code, and may not enter into a new contract for that
purpose, on or after the effective date of this Act. During the
term of the contract entered into before the effective date of this
Act, the commission:
(1) must continue to directly operate local offices
for the purpose of determining an applicant's eligibility for
health and human services programs and allow an applicant to access
a local office in lieu of accessing a call center for an eligibility
determination; and
(2) may not terminate the employment of any state
employee whose primary job function involves determining the
eligibility of an applicant for health and human services programs
on the basis that the performance of those functions is no longer
needed.
SECTION 7. Not later than January 1, 2010, the Health and
Human Services Commission shall submit to the governor, lieutenant
governor, speaker of the house of representatives, and standing
committees of each house of the legislature having jurisdiction
over health and human services a plan on how the commission will
refocus its resources and efforts on the reconstruction of an
effective, local-office-based eligibility determination system.
SECTION 8. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 9. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.