Texas 2009 - 81st Regular

Texas Senate Bill SB2353 Compare Versions

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

Old	New	Differences
1	1	81R12222 MTB-D
2	2	By: Ogden S.B. No. 2353
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to improving efficiency in state government and reducing
8	8	state government spending.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. ESTABLISHMENT OF A PILL SPLITTING PROGRAM TO REDUCE
11	11	HEALTH PLAN COSTS FOR CERTAIN PUBLIC EMPLOYEES
12	12	SECTION 1.01. Subchapter E, Chapter 1551, Insurance Code,
13	13	is amended by adding Section 1551.225 to read as follows:
14	14	Sec. 1551.225. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
15	15	(a) In this section:
16	16	(1) "Eligible prescription pill" means a prescription
17	17	medication delivered in pill form and in a dosage that is
18	18	appropriate for splitting.
19	19	(2) "Pill splitting" means dividing an eligible
20	20	prescription pill to obtain a prescribed dose.
21	21	(b) The board of trustees by rule shall design and establish
22	22	a voluntary pill splitting program. The pill splitting program
23	23	must:
24	24	(1) include a copayment reduction incentive for
25	25	individuals covered by the group benefits program who participate
26	26	in the pill splitting program; and
27	27	(2) require an individual who participates in the pill
28	28	splitting program to:
29	29	(A) obtain a prescription for an eligible
30	30	prescription pill authorizing pill splitting from the prescribing
31	31	physician before participating; and
32	32	(B) personally split the eligible prescription
33	33	pill.
34	34	(c) The board of trustees shall establish a list of eligible
35	35	prescription pills and shall periodically update the list.
36	36	(d) The board of trustees shall report at least annually to
37	37	the Legislative Budget Board and the governor on the design of the
38	38	pill splitting program, the medications included on the list of
39	39	eligible prescription pills, participation in the program, and cost
40	40	savings resulting from the program.
41	41	SECTION 1.02. Subchapter D, Chapter 1575, Insurance Code,
42	42	is amended by adding Section 1575.171 to read as follows:
43	43	Sec. 1575.171. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
44	44	(a) In this section:
45	45	(1) "Eligible prescription pill" means a prescription
46	46	medication delivered in pill form and in a dosage that is
47	47	appropriate for splitting.
48	48	(2) "Pill splitting" means dividing an eligible
49	49	prescription pill to obtain a prescribed dose.
50	50	(b) The trustee by rule shall design and establish a
51	51	voluntary pill splitting program. The pill splitting program must:
52	52	(1) include a copayment reduction incentive for
53	53	individuals covered by the group program who participate in the
54	54	pill splitting program; and
55	55	(2) require an individual who participates in the pill
56	56	splitting program to:
57	57	(A) obtain a prescription for an eligible
58	58	prescription pill authorizing pill splitting from the prescribing
59	59	physician before participating; and
60	60	(B) personally split the eligible prescription
61	61	pill.
62	62	(c) The trustee shall establish a list of eligible
63	63	prescription pills and shall periodically update the list.
64	64	(d) The trustee shall report at least annually to the
65	65	Legislative Budget Board and the governor on the design of the pill
66	66	splitting program, medications included on the list of eligible
67	67	prescription pills, participation in the program, and cost savings
68	68	resulting from the program.
69	69	SECTION 1.03. Subchapter C, Chapter 1579, Insurance Code,
70	70	is amended by adding Section 1579.109 to read as follows:
71	71	Sec. 1579.109. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
72	72	(a) In this section:
73	73	(1) "Eligible prescription pill" means a prescription
74	74	medication delivered in pill form and in a dosage that is
75	75	appropriate for splitting.
76	76	(2) "Pill splitting" means dividing an eligible
77	77	prescription pill to obtain a prescribed dose.
78	78	(b) The trustee by rule shall design and establish a
79	79	voluntary pill splitting program. The pill splitting program must:
80	80	(1) include a copayment reduction incentive for
81	81	individuals covered by a health coverage plan under this subchapter
82	82	who participate in the pill splitting program; and
83	83	(2) require an individual who participates in the pill
84	84	splitting program to:
85	85	(A) obtain a prescription for an eligible
86	86	prescription pill authorizing pill splitting from the prescribing
87	87	physician before participating; and
88	88	(B) personally split the eligible prescription
89	89	pill.
90	90	(c) The trustee shall establish a list of eligible
91	91	prescription pills and shall periodically update the list.
92	92	(d) The trustee shall report at least annually to the
93	93	Legislative Budget Board and the governor on the design of the pill
94	94	splitting program, medications included in the list of eligible
95	95	prescription pills, participation in the pill splitting program,
96	96	and cost savings resulting from the pill splitting program.
97	97	SECTION 1.04. Subchapter C, Chapter 1601, Insurance Code,
98	98	is amended by adding Section 1601.111 to read as follows:
99	99	Sec. 1601.111. ESTABLISHMENT OF PILL SPLITTING PROGRAM.
100	100	(a) In this section:
101	101	(1) "Eligible prescription pill" means a prescription
102	102	medication delivered in pill form and in a dosage that is
103	103	appropriate for splitting.
104	104	(2) "Pill splitting" means dividing an eligible
105	105	prescription pill to obtain a prescribed dose.
106	106	(b) Each system by rule shall design and establish a
107	107	voluntary pill splitting program. The pill splitting program must:
108	108	(1) include a copayment reduction incentive for
109	109	individuals covered by a health benefit plan provided under this
110	110	chapter who participate in the program; and
111	111	(2) require an individual who participates in the
112	112	program to:
113	113	(A) obtain a prescription for an eligible
114	114	prescription pill authorizing pill splitting from the prescribing
115	115	physician before participating; and
116	116	(B) personally split the eligible prescription
117	117	pill.
118	118	(c) Each system shall establish a list of eligible
119	119	prescription pills and shall periodically update the list.
120	120	(d) Each system shall report at least annually to the
121	121	Legislative Budget Board and the governor on the design of the pill
122	122	splitting program, medications included in the list of eligible
123	123	prescription pills, participation in the program, and cost savings
124	124	resulting from the program.
125	125	SECTION 1.05. The initial reports required by Sections
126	126	1551.225(d), 1575.171(d), 1579.109(d), and 1601.111(d), Insurance
127	127	Code, as added by this article, are due not later than December 1,
128	128	2010.
129	129	SECTION 1.06. The changes in law made by this article apply
130	130	only to health benefit plans provided under Chapters 1551, 1575,
131	131	1579, and 1601, Insurance Code, beginning with the 2009-2010 plan
132	132	year. A plan year before 2009-2010 is governed by the law as it
133	133	existed immediately before September 1, 2009, and that law is
134	134	continued in effect for that purpose.
135	135	SECTION 1.07. This article takes effect immediately if this
136	136	Act receives a vote of two-thirds of all the members elected to each
137	137	house, as provided by Section 39, Article III, Texas Constitution.
138	138	If this Act does not receive the vote necessary for immediate
139	139	effect, this article takes effect September 1, 2009.
140	140	ARTICLE 2. MEDICAID CONSOLIDATED WAIVER PROGRAM AND OTHER MEDICAID
141	141	LONG-TERM CARE WAIVER PROGRAMS
142	142	SECTION 2.01. Subchapter D, Chapter 161, Human Resources
143	143	Code, is amended by adding Section 161.077 to read as follows:
144	144	Sec. 161.077. LONG-TERM CARE MEDICAID WAIVER PROGRAMS. (a)
145	145	In this section, "Section 1915(c) waiver program" has the meaning
146	146	assigned by Section 531.001, Government Code.
147	147	(b) The department, in consultation with the commission,
148	148	shall streamline the administration of and delivery of services
149	149	through Section 1915(c) waiver programs. In implementing this
150	150	subsection, the department, subject to Subsection (c), may consider
151	151	implementing the following streamlining initiatives:
152	152	(1) reducing the number of forms used in administering
153	153	the programs;
154	154	(2) revising program provider manuals and training
155	155	curricula;
156	156	(3) consolidating service authorization systems;
157	157	(4) eliminating any physician signature requirements
158	158	the department considers unnecessary;
159	159	(5) standardizing individual service plan processes
160	160	across the programs; and
161	161	(6) any other initiatives that will increase
162	162	efficiencies in the programs.
163	163	(c) The department shall ensure that actions taken under
164	164	this section do not conflict with any requirements of the
165	165	commission under Section 531.0218, Government Code.
166	166	SECTION 2.02. Effective September 15, 2009, Section
167	167	531.02191, Government Code, is amended to read as follows:
168	168	Sec. 531.02191. PUBLIC INPUT. In complying with the
169	169	requirements of Section [Sections] 531.0218 [and 531.0219], the
170	170	commission shall regularly consult with and obtain input from:
171	171	(1) consumers and family members;
172	172	(2) providers;
173	173	(3) advocacy groups;
174	174	(4) state agencies that administer a Section 1915(c)
175	175	waiver program; and
176	176	(5) other interested persons.
177	177	SECTION 2.03. (a) Effective September 15, 2009, Section
178	178	531.0219, Government Code, is repealed.
179	179	(b) Effective September 15, 2009, the consolidated waiver
180	180	program under Section 531.0219, Government Code, is abolished. The
181	181	Department of Aging and Disability Services, with the assistance of
182	182	the Health and Human Services Commission, shall:
183	183	(1) before September 14, 2009, determine in which
184	184	other Section 1915(c) waiver programs, as defined by Section
185	185	531.001, Government Code, each person receiving services through
186	186	the consolidated waiver program is eligible for enrollment; and
187	187	(2) not later than September 14, 2009, transfer the
188	188	person's enrollment without any break in service from the
189	189	consolidated waiver program to an appropriate program described by
190	190	Subdivision (1) of this subsection for which the person is
191	191	eligible.
192	192	(c) A person described by Subsection (b) of this section may
193	193	not be placed on an interest list or any other waiting list for a
194	194	Section 1915(c) waiver program instead of being enrolled in a
195	195	program as required by Subsection (b)(2) of this section.
196	196	SECTION 2.04. If before implementing any provision of this
197	197	article a state agency determines that a waiver or authorization
198	198	from a federal agency is necessary for implementation of that
199	199	provision, the agency affected by the provision shall request the
200	200	waiver or authorization and may delay implementing that provision
201	201	until the waiver or authorization is granted.
202	202	SECTION 2.05. This article takes effect immediately if this
203	203	Act receives a vote of two-thirds of all the members elected to each
204	204	house, as provided by Section 39, Article III, Texas Constitution.
205	205	If this Act does not receive the vote necessary for immediate
206	206	effect, this article takes effect September 1, 2009.
207	207	ARTICLE 3. CERTAIN TAX CREDITS FOR INSURER EXAMINATION AND
208	208	EVALUATION FEES
209	209	SECTION 3.01. The following laws are repealed:
210	210	(1) Section 221.006, Insurance Code;
211	211	(2) Section 222.007, Insurance Code;
212	212	(3) Section 223.009, Insurance Code;
213	213	(4) Section 401.151(e), Insurance Code; and
214	214	(5) Section 401.154, Insurance Code.
215	215	SECTION 3.02. The change in law made by this article applies
216	216	only to a tax credit for an examination or evaluation fee paid on or
217	217	after January 1, 2009.
218	218	SECTION 3.03. This article takes effect immediately if this
219	219	Act receives a vote of two-thirds of all the members elected to each
220	220	house, as provided by Section 39, Article III, Texas Constitution.
221	221	If this Act does not receive the vote necessary for immediate
222	222	effect, this article takes effect September 1, 2009.
223	223	ARTICLE 4. AUTHORITY OF THE STATE BOARD OF THE TEXAS EMERGENCY
224	224	SERVICES RETIREMENT SYSTEM
225	225	SECTION 4.01. Section 865.006(a), Government Code, is
226	226	amended to read as follows:
227	227	(a) The state board shall employ a certified public
228	228	accountant, an actuary, and an investment consultant for the fund
229	229	and may acquire computer, custodial, or investment management
230	230	services for the fund. The state board may employ other employees
231	231	as necessary. The costs of accounting, actuarial, investment
232	232	consulting, computer, custodial, or investment management services
233	233	and other employees or administrative expenses may be paid from
234	234	income earned by investment of the fund. No portion of the corpus
235	235	or income of the fund may be used for purposes other than the
236	236	benefit of members, retired emergency services personnel, and their
237	237	beneficiaries.
238	238	SECTION 4.02. This article takes effect September 1, 2009.
239	239	ARTICLE 5. RELEASE FROM THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OF
240	240	CERTAIN INMATES WHO COMPLETE A REHABILITATION PROGRAM
241	241	SECTION 5.01. Section 508.141, Government Code, is amended
242	242	by adding Subsections (b-1), (d-1), and (d-2) and amending
243	243	Subsection (d) to read as follows:
244	244	(b-1) If a parole panel requires, as a condition of release,
245	245	that an inmate complete a specific department rehabilitation
246	246	program before release, the department shall place the inmate in
247	247	the program specified by the parole panel, except that the
248	248	department may place the inmate in a different program with the
249	249	approval of the parole panel.
250	250	(d) A parole panel may release an inmate on parole during
251	251	the parole month established for the inmate, or during any
252	252	applicable range of dates established under Subsection (d-1), if
253	253	the panel determines that the inmate's release will not increase
254	254	the likelihood of harm to the public.
255	255	(d-1) A parole panel that, as a condition of release,
256	256	requires an inmate to complete a specific department rehabilitation
257	257	program shall specify a range of dates, based on the date the inmate
258	258	is likely to have completed the specified program, during which the
259	259	department may release the inmate, if the inmate has:
260	260	(1) successfully completed the program specified by
261	261	the parole panel; and
262	262	(2) satisfied all other conditions of release
263	263	specified by the parole panel.
264	264	(d-2) The range of dates specified by the parole panel under
265	265	Subsection (d-1) may not begin earlier than the 45th day before any
266	266	applicable release date established for the inmate and must be a
267	267	range of at least 30 days.
268	268	SECTION 5.02. The change in law made by this article applies
269	269	to any inmate who is confined in a facility operated by or under
270	270	contract with the Texas Department of Criminal Justice on or after
271	271	the effective date of this article, regardless of when the inmate's
272	272	period of confinement began.
273	273	SECTION 5.03. This article takes effect September 1, 2009.
274	274	ARTICLE 6. GENERAL APPROPRIATIONS ACT
275	275	SECTION 6.01. (a) Each agency appropriated funds under the
276	276	General Appropriations Act shall reduce travel expenses during the
277	277	fiscal year beginning on September 1, 2009, by an amount equal to
278	278	one percent of the amount of total travel expenses incurred by the
279	279	agency during the fiscal year that began on September 1, 2008.
280	280	(b) This section expires September 1, 2011.
281	281	SECTION 6.02. (a) The appropriations to an agency affected
282	282	by the provisions of Articles 1-5 of this Act for the fiscal
283	283	biennium beginning on September 1, 2009, are reduced by an amount
284	284	determined by the comptroller, in consultation with the affected
285	285	agency and the Legislative Budget Board, to reflect the reduced
286	286	cost of carrying out the agency's powers and duties resulting from
287	287	the changes in law made by this Act.
288	288	(b) This section expires September 1, 2011.
289	289	ARTICLE 7. EFFECTIVE DATE
290	290	SECTION 7.01. Except as otherwise provided by this Act,
291	291	this Act takes effect September 1, 2009.