Texas 2009 - 81st Regular

Texas House Bill HB4320 Compare Versions

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

Old	New	Differences
1	1	81R11036 KLA-F
2	2	By: Rios Ybarra H.B. No. 4320
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the integration of the application and eligibility
8	8	determination processes for the child health plan and children's
9	9	Medicaid programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The legislature finds that it is in the best
12	12	interests of this state to integrate the application and
13	13	eligibility processes for the child health plan and children's
14	14	Medicaid programs in a single application and eligibility
15	15	determination system operated by trained and knowledgeable state
16	16	employees.
17	17	SECTION 2. Sections 531.063(b) and (e), Government Code,
18	18	are amended to read as follows:
19	19	(b) Except as otherwise provided by this subsection, the
20	20	[The] commission shall contract with at least one but not more than
21	21	four private entities for the operation of call centers required by
22	22	this section unless the commission determines that contracting
23	23	would not be cost-effective. The commission shall operate any call
24	24	center that processes applications for or determines the
25	25	eligibility of a child for the child health plan program under
26	26	Chapter 62, Health and Safety Code, or the medical assistance
27	27	program under Chapter 32, Human Resources Code, using the system
28	28	required by Section 531.192 and using only state employees.
29	29	(e) The commission shall develop consumer service and
30	30	performance standards for the operation of each call center
31	31	required by this section, including for each call center required
32	32	under Subsection (b) to be operated only by state employees. The
33	33	standards shall address a call center's:
34	34	(1) ability to serve its consumers in a timely manner,
35	35	including consideration of the consumers' ability to access the
36	36	call center, whether the call center has toll-free telephone
37	37	access, the average amount of time a consumer spends on hold, the
38	38	frequency of call transfers, whether a consumer is able to
39	39	communicate with a live person at the call center, and whether the
40	40	call center makes mail correspondence available;
41	41	(2) staff, including employee courtesy, friendliness,
42	42	training, and knowledge about the programs listed under Section
43	43	531.008(c); and
44	44	(3) complaint handling procedures, including the
45	45	level of difficulty involved in filing a complaint and whether the
46	46	call center's complaint responses are timely.
47	47	SECTION 3. Section 531.191(d), Government Code, is amended
48	48	to read as follows:
49	49	(d) Except as provided by Section 531.063(b), on [On]
50	50	receipt by the state of any necessary federal approval and subject
51	51	to the approval of the governor and the Legislative Budget Board,
52	52	the commission may contract for implementation of all or part of the
53	53	plan required by Subsection (a) if the commission determines that
54	54	contracting may advance the objectives of Subsections (a) and (b)
55	55	and meets the criteria set out in the cost-benefit analysis
56	56	described in this subsection. Before the awarding of a contract,
57	57	the commission shall provide a detailed cost-benefit analysis to
58	58	the governor and the Legislative Budget Board. The analysis must
59	59	demonstrate the cost-effectiveness of the plan, mechanisms for
60	60	monitoring performance under the plan, and specific improvements to
61	61	the service delivery system and client access made by the plan. The
62	62	commission shall make the analysis available to the public. Within
63	63	10 days after the release of a request for bids, proposals, offers,
64	64	or other applicable expressions of interest relating to the
65	65	development or implementation of the plan required by Subsection
66	66	(a), the commission shall hold a public hearing and receive public
67	67	comment on the request.
68	68	SECTION 4. Subchapter F, Chapter 531, Government Code, is
69	69	amended by adding Section 531.192 to read as follows:
70	70	Sec. 531.192. INTEGRATED INTAKE SYSTEM FOR CERTAIN
71	71	PROGRAMS. (a) Notwithstanding any other law, the commission shall
72	72	implement a single, integrated intake system for the child health
73	73	plan program under Chapter 62, Health and Safety Code, and the
74	74	children's Medicaid program under Chapter 32, Human Resources Code,
75	75	using only trained state employees who are knowledgeable with
76	76	respect to the eligibility requirements of those programs. For
77	77	each application submitted for one of those programs, the system
78	78	must allow a single state employee to:
79	79	(1) accept the application;
80	80	(2) conduct any necessary eligibility interview;
81	81	(3) determine whether the applicant is eligible for
82	82	the child health plan program or the children's Medicaid program;
83	83	and
84	84	(4) if the applicant is eligible for either program,
85	85	enroll the applicant in the appropriate program.
86	86	(b) Notwithstanding any other law, the commission may not
87	87	contract with a private entity to perform any function specified by
88	88	Subsection (a).
89	89	SECTION 5. The Health and Human Services Commission shall
90	90	take any action allowed under state law that is necessary to
91	91	terminate or modify a contract prohibited by Section 531.192(b),
92	92	Government Code, as added by this Act, to ensure compliance with
93	93	that section and Section 531.063(b), Government Code, as amended by
94	94	this Act. If the commission is unable to terminate or modify a
95	95	contract in a manner that is allowed under state law as required by
96	96	this section, the commission may continue the contract, but may not
97	97	renew the contract.
98	98	SECTION 6. Not later than the 30th day after the effective
99	99	date of this Act, the Health and Human Services Commission shall
100	100	submit a report to the Legislative Budget Board and the presiding
101	101	officers of the Senate Health and Human Services Committee and the
102	102	House Human Services Committee specifying the number of additional
103	103	full-time equivalent positions the commission needs to comply with
104	104	the requirements of Section 531.063(b), Government Code, as amended
105	105	by this Act, and Section 531.192, Government Code, as added by this
106	106	Act.
107	107	SECTION 7. If before implementing any provision of this Act
108	108	a state agency determines that a waiver or authorization from a
109	109	federal agency is necessary for implementation of that provision,
110	110	the agency affected by the provision shall request the waiver or
111	111	authorization and may delay implementing that provision until the
112	112	waiver or authorization is granted.
113	113	SECTION 8. This Act takes effect immediately if it receives
114	114	a vote of two-thirds of all the members elected to each house, as
115	115	provided by Section 39, Article III, Texas Constitution. If this
116	116	Act does not receive the vote necessary for immediate effect, this
117	117	Act takes effect September 1, 2009.