81R12222 MTB-D
By: Ogden S.B. No. 2353
A BILL TO BE ENTITLED
AN ACT
relating to improving efficiency in state government and reducing
state government spending.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ESTABLISHMENT OF A PILL SPLITTING PROGRAM TO REDUCE
HEALTH PLAN COSTS FOR CERTAIN PUBLIC EMPLOYEES
SECTION 1.01. Subchapter E, Chapter 1551, Insurance Code,
is amended by adding Section 1551.225 to read as follows:
Sec. 1551.225. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
(a) In this section:
(1) "Eligible prescription pill" means a prescription
medication delivered in pill form and in a dosage that is
appropriate for splitting.
(2) "Pill splitting" means dividing an eligible
prescription pill to obtain a prescribed dose.
(b) The board of trustees by rule shall design and establish
a voluntary pill splitting program. The pill splitting program
must:
(1) include a copayment reduction incentive for
individuals covered by the group benefits program who participate
in the pill splitting program; and
(2) require an individual who participates in the pill
splitting program to:
(A) obtain a prescription for an eligible
prescription pill authorizing pill splitting from the prescribing
physician before participating; and
(B) personally split the eligible prescription
pill.
(c) The board of trustees shall establish a list of eligible
prescription pills and shall periodically update the list.
(d) The board of trustees shall report at least annually to
the Legislative Budget Board and the governor on the design of the
pill splitting program, the medications included on the list of
eligible prescription pills, participation in the program, and cost
savings resulting from the program.
SECTION 1.02. Subchapter D, Chapter 1575, Insurance Code,
is amended by adding Section 1575.171 to read as follows:
Sec. 1575.171. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
(a) In this section:
(1) "Eligible prescription pill" means a prescription
medication delivered in pill form and in a dosage that is
appropriate for splitting.
(2) "Pill splitting" means dividing an eligible
prescription pill to obtain a prescribed dose.
(b) The trustee by rule shall design and establish a
voluntary pill splitting program. The pill splitting program must:
(1) include a copayment reduction incentive for
individuals covered by the group program who participate in the
pill splitting program; and
(2) require an individual who participates in the pill
splitting program to:
(A) obtain a prescription for an eligible
prescription pill authorizing pill splitting from the prescribing
physician before participating; and
(B) personally split the eligible prescription
pill.
(c) The trustee shall establish a list of eligible
prescription pills and shall periodically update the list.
(d) The trustee shall report at least annually to the
Legislative Budget Board and the governor on the design of the pill
splitting program, medications included on the list of eligible
prescription pills, participation in the program, and cost savings
resulting from the program.
SECTION 1.03. Subchapter C, Chapter 1579, Insurance Code,
is amended by adding Section 1579.109 to read as follows:
Sec. 1579.109. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
(a) In this section:
(1) "Eligible prescription pill" means a prescription
medication delivered in pill form and in a dosage that is
appropriate for splitting.
(2) "Pill splitting" means dividing an eligible
prescription pill to obtain a prescribed dose.
(b) The trustee by rule shall design and establish a
voluntary pill splitting program. The pill splitting program must:
(1) include a copayment reduction incentive for
individuals covered by a health coverage plan under this subchapter
who participate in the pill splitting program; and
(2) require an individual who participates in the pill
splitting program to:
(A) obtain a prescription for an eligible
prescription pill authorizing pill splitting from the prescribing
physician before participating; and
(B) personally split the eligible prescription
pill.
(c) The trustee shall establish a list of eligible
prescription pills and shall periodically update the list.
(d) The trustee shall report at least annually to the
Legislative Budget Board and the governor on the design of the pill
splitting program, medications included in the list of eligible
prescription pills, participation in the pill splitting program,
and cost savings resulting from the pill splitting program.
SECTION 1.04. Subchapter C, Chapter 1601, Insurance Code,
is amended by adding Section 1601.111 to read as follows:
Sec. 1601.111. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
(a) In this section:
(1) "Eligible prescription pill" means a prescription
medication delivered in pill form and in a dosage that is
appropriate for splitting.
(2) "Pill splitting" means dividing an eligible
prescription pill to obtain a prescribed dose.
(b) Each system by rule shall design and establish a
voluntary pill splitting program. The pill splitting program must:
(1) include a copayment reduction incentive for
individuals covered by a health benefit plan provided under this
chapter who participate in the program; and
(2) require an individual who participates in the
program to:
(A) obtain a prescription for an eligible
prescription pill authorizing pill splitting from the prescribing
physician before participating; and
(B) personally split the eligible prescription
pill.
(c) Each system shall establish a list of eligible
prescription pills and shall periodically update the list.
(d) Each system shall report at least annually to the
Legislative Budget Board and the governor on the design of the pill
splitting program, medications included in the list of eligible
prescription pills, participation in the program, and cost savings
resulting from the program.
SECTION 1.05. The initial reports required by Sections
1551.225(d), 1575.171(d), 1579.109(d), and 1601.111(d), Insurance
Code, as added by this article, are due not later than December 1,
2010.
SECTION 1.06. The changes in law made by this article apply
only to health benefit plans provided under Chapters 1551, 1575,
1579, and 1601, Insurance Code, beginning with the 2009-2010 plan
year. A plan year before 2009-2010 is governed by the law as it
existed immediately before September 1, 2009, and that law is
continued in effect for that purpose.
SECTION 1.07. This article takes effect immediately if this
Act 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 article takes effect September 1, 2009.
ARTICLE 2. MEDICAID CONSOLIDATED WAIVER PROGRAM AND OTHER MEDICAID
LONG-TERM CARE WAIVER PROGRAMS
SECTION 2.01. Subchapter D, Chapter 161, Human Resources
Code, is amended by adding Section 161.077 to read as follows:
Sec. 161.077. LONG-TERM CARE MEDICAID WAIVER PROGRAMS. (a)
In this section, "Section 1915(c) waiver program" has the meaning
assigned by Section 531.001, Government Code.
(b) The department, in consultation with the commission,
shall streamline the administration of and delivery of services
through Section 1915(c) waiver programs. In implementing this
subsection, the department, subject to Subsection (c), may consider
implementing the following streamlining initiatives:
(1) reducing the number of forms used in administering
the programs;
(2) revising program provider manuals and training
curricula;
(3) consolidating service authorization systems;
(4) eliminating any physician signature requirements
the department considers unnecessary;
(5) standardizing individual service plan processes
across the programs; and
(6) any other initiatives that will increase
efficiencies in the programs.
(c) The department shall ensure that actions taken under
this section do not conflict with any requirements of the
commission under Section 531.0218, Government Code.
SECTION 2.02. Effective September 15, 2009, Section
531.02191, Government Code, is amended to read as follows:
Sec. 531.02191. PUBLIC INPUT. In complying with the
requirements of Section [Sections] 531.0218 [and 531.0219], the
commission shall regularly consult with and obtain input from:
(1) consumers and family members;
(2) providers;
(3) advocacy groups;
(4) state agencies that administer a Section 1915(c)
waiver program; and
(5) other interested persons.
SECTION 2.03. (a) Effective September 15, 2009, Section
531.0219, Government Code, is repealed.
(b) Effective September 15, 2009, the consolidated waiver
program under Section 531.0219, Government Code, is abolished. The
Department of Aging and Disability Services, with the assistance of
the Health and Human Services Commission, shall:
(1) before September 14, 2009, determine in which
other Section 1915(c) waiver programs, as defined by Section
531.001, Government Code, each person receiving services through
the consolidated waiver program is eligible for enrollment; and
(2) not later than September 14, 2009, transfer the
person's enrollment without any break in service from the
consolidated waiver program to an appropriate program described by
Subdivision (1) of this subsection for which the person is
eligible.
(c) A person described by Subsection (b) of this section may
not be placed on an interest list or any other waiting list for a
Section 1915(c) waiver program instead of being enrolled in a
program as required by Subsection (b)(2) of this section.
SECTION 2.04. If before implementing any provision of this
article 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 2.05. This article takes effect immediately if this
Act 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 article takes effect September 1, 2009.
ARTICLE 3. CERTAIN TAX CREDITS FOR INSURER EXAMINATION AND
EVALUATION FEES
SECTION 3.01. The following laws are repealed:
(1) Section 221.006, Insurance Code;
(2) Section 222.007, Insurance Code;
(3) Section 223.009, Insurance Code;
(4) Section 401.151(e), Insurance Code; and
(5) Section 401.154, Insurance Code.
SECTION 3.02. The change in law made by this article applies
only to a tax credit for an examination or evaluation fee paid on or
after January 1, 2009.
SECTION 3.03. This article takes effect immediately if this
Act 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 article takes effect September 1, 2009.
ARTICLE 4. AUTHORITY OF THE STATE BOARD OF THE TEXAS EMERGENCY
SERVICES RETIREMENT SYSTEM
SECTION 4.01. Section 865.006(a), Government Code, is
amended to read as follows:
(a) The state board shall employ a certified public
accountant, an actuary, and an investment consultant for the fund
and may acquire computer, custodial, or investment management
services for the fund. The state board may employ other employees
as necessary. The costs of accounting, actuarial, investment
consulting, computer, custodial, or investment management services
and other employees or administrative expenses may be paid from
income earned by investment of the fund. No portion of the corpus
or income of the fund may be used for purposes other than the
benefit of members, retired emergency services personnel, and their
beneficiaries.
SECTION 4.02. This article takes effect September 1, 2009.
ARTICLE 5. RELEASE FROM THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OF
CERTAIN INMATES WHO COMPLETE A REHABILITATION PROGRAM
SECTION 5.01. Section 508.141, Government Code, is amended
by adding Subsections (b-1), (d-1), and (d-2) and amending
Subsection (d) to read as follows:
(b-1) If a parole panel requires, as a condition of release,
that an inmate complete a specific department rehabilitation
program before release, the department shall place the inmate in
the program specified by the parole panel, except that the
department may place the inmate in a different program with the
approval of the parole panel.
(d) A parole panel may release an inmate on parole during
the parole month established for the inmate, or during any
applicable range of dates established under Subsection (d-1), if
the panel determines that the inmate's release will not increase
the likelihood of harm to the public.
(d-1) A parole panel that, as a condition of release,
requires an inmate to complete a specific department rehabilitation
program shall specify a range of dates, based on the date the inmate
is likely to have completed the specified program, during which the
department may release the inmate, if the inmate has:
(1) successfully completed the program specified by
the parole panel; and
(2) satisfied all other conditions of release
specified by the parole panel.
(d-2) The range of dates specified by the parole panel under
Subsection (d-1) may not begin earlier than the 45th day before any
applicable release date established for the inmate and must be a
range of at least 30 days.
SECTION 5.02. The change in law made by this article applies
to any inmate who is confined in a facility operated by or under
contract with the Texas Department of Criminal Justice on or after
the effective date of this article, regardless of when the inmate's
period of confinement began.
SECTION 5.03. This article takes effect September 1, 2009.
ARTICLE 6. GENERAL APPROPRIATIONS ACT
SECTION 6.01. (a) Each agency appropriated funds under the
General Appropriations Act shall reduce travel expenses during the
fiscal year beginning on September 1, 2009, by an amount equal to
one percent of the amount of total travel expenses incurred by the
agency during the fiscal year that began on September 1, 2008.
(b) This section expires September 1, 2011.
SECTION 6.02. (a) The appropriations to an agency affected
by the provisions of Articles 1-5 of this Act for the fiscal
biennium beginning on September 1, 2009, are reduced by an amount
determined by the comptroller, in consultation with the affected
agency and the Legislative Budget Board, to reflect the reduced
cost of carrying out the agency's powers and duties resulting from
the changes in law made by this Act.
(b) This section expires September 1, 2011.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2009.