By: Nelson S.B. No. 705
(In the Senate - Filed February 6, 2009; February 25, 2009,
read first time and referred to Committee on Health and Human
Services; March 23, 2009, reported favorably by the following
vote: Yeas 9, Nays 0; March 23, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the Medicaid consolidated waiver program and other
Medicaid long-term care waiver programs.
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 161.077 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. 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 3. (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531.0219, Government Code, is repealed.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 Subdivision (2), Subsection (b) of this
section.
SECTION 4. 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 5. This Act takes effect immediately if it 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
Act takes effect September 1, 2009.
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