81R9880 ALB-D
By: Nichols S.B. No. 2116
A BILL TO BE ENTITLED
AN ACT
relating to a pilot program to provide community-based alternatives
under the Medicaid program for certain individuals diagnosed with
Alzheimer's disease.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.083 to read as follows:
Sec. 161.083. ALZHEIMER'S ASSISTED LIVING FACILITY OR
RESIDENTIAL CARE PILOT PROGRAM. (a) In this section, "pilot
program" means the Alzheimer's Assisted Living Facility or
Residential Care pilot program established under this section.
(b) The department shall establish a pilot program to
provide community-based alternatives and assisted living and
residential care and support services under the Medicaid program to
individuals who are diagnosed with Alzheimer's disease.
(c) An individual may be eligible for the pilot program if
the individual:
(1) has been diagnosed with Alzheimer's disease;
(2) meets financial eligibility requirements
specified by the executive commissioner;
(3) does not meet the medical necessity requirements
under the Medicaid program for entry into a nursing facility; and
(4) has a plan of care the costs of which do not exceed
the average daily nursing facility payment under the Medicaid
program.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
(e) Rules adopted under Subsection (d) must permit a
residential facility at which pilot program services are offered to
operate under the direction of a physician acting on a volunteer
basis, provided that a registered nurse is available at the
facility at all times.
(f) Not later than December 1, 2014, the department shall
submit a report to the legislature regarding the effectiveness of
the pilot program, including a cost-benefit analysis that compares
the costs of treating an individual through the pilot program to the
costs incurred by the state of treating an individual in a nursing
facility.
(g) This section expires September 1, 2015.
SECTION 2. 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 3. This Act takes effect September 1, 2009.