| 1 | 1 | | 81R7992 ALB-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 2241 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a Medicaid hospital level of care waiver program for |
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| 8 | 8 | | certain medically fragile individuals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.0521 to read as follows: |
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| 12 | 12 | | Sec. 32.0521. HOSPITAL LEVEL OF CARE WAIVER PROGRAM FOR |
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| 13 | 13 | | MEDICALLY FRAGILE INDIVIDUALS. (a) The department shall apply for |
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| 14 | 14 | | a waiver under Section 1915(c) of the federal Social Security Act |
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| 15 | 15 | | (42 U.S.C. Section 1396n(c)) to provide the state with the |
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| 16 | 16 | | flexibility to provide medical assistance services outside the |
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| 17 | 17 | | scope, amount, or duration of nonwaiver services available to |
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| 18 | 18 | | medically fragile individuals who are at least 21 years of age and |
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| 19 | 19 | | who require a hospital level of care under the medical assistance |
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| 20 | 20 | | program. |
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| 21 | 21 | | (b) The waiver program under this section must include |
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| 22 | 22 | | coverage for case management services, attendant care services, |
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| 23 | 23 | | rehabilitation, respite and companion care services, private duty |
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| 24 | 24 | | nursing, medical equipment and supplies, home health care services, |
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| 25 | 25 | | and in-home support services. |
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| 26 | 26 | | (c) To ensure that services subject to this section are cost |
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| 27 | 27 | | neutral and not duplicative of other services provided under the |
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| 28 | 28 | | medical assistance program, the department shall coordinate the |
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| 29 | 29 | | provision of services subject to this section with services |
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| 30 | 30 | | provided under other federal waiver programs. |
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| 31 | 31 | | SECTION 2. If before implementing any provision of this Act |
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| 32 | 32 | | a state agency determines that a waiver or authorization from a |
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| 33 | 33 | | federal agency is necessary for implementation of that provision, |
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| 34 | 34 | | the agency affected by the provision shall request the waiver or |
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| 35 | 35 | | authorization and may delay implementing that provision until the |
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| 36 | 36 | | waiver or authorization is granted. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2009. |
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