Texas 2009 - 81st Regular

Texas Senate Bill SB705 Compare Versions

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1	1	S.B. No. 705
2	2
3	3
4	4	AN ACT
5	5	relating to long-term care consumer information and Medicaid waiver
6	6	programs.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
9	9	is amended by adding Section 161.077 to read as follows:
10	10	Sec. 161.077. LONG-TERM CARE MEDICAID WAIVER PROGRAMS.
11	11	(a) In this section, "Section 1915(c) waiver program" has the
12	12	meaning assigned by Section 531.001, Government Code.
13	13	(b) The department, in consultation with the commission,
14	14	shall streamline the administration of and delivery of services
15	15	through Section 1915(c) waiver programs. In implementing this
16	16	subsection, the department, subject to Subsection (c), may consider
17	17	implementing the following streamlining initiatives:
18	18	(1) reducing the number of forms used in administering
19	19	the programs;
20	20	(2) revising program provider manuals and training
21	21	curricula;
22	22	(3) consolidating service authorization systems;
23	23	(4) eliminating any physician signature requirements
24	24	the department considers unnecessary;
25	25	(5) standardizing individual service plan processes
26	26	across the programs; and
27	27	(6) any other initiatives that will increase
28	28	efficiencies in the programs.
29	29	(c) The department shall ensure that actions taken under
30	30	this section do not conflict with any requirements of the
31	31	commission under Section 531.0218, Government Code.
32	32	SECTION 2. Effective September 15, 2009, Section 531.02191,
33	33	Government Code, is amended to read as follows:
34	34	Sec. 531.02191. PUBLIC INPUT. In complying with the
35	35	requirements of Section [Sections] 531.0218 [and 531.0219], the
36	36	commission shall regularly consult with and obtain input from:
37	37	(1) consumers and family members;
38	38	(2) providers;
39	39	(3) advocacy groups;
40	40	(4) state agencies that administer a Section 1915(c)
41	41	waiver program; and
42	42	(5) other interested persons.
43	43	SECTION 3. Subchapter B, Chapter 531, Government Code, is
44	44	amended by adding Section 531.0318 to read as follows:
45	45	Sec. 531.0318. LONG-TERM CARE CONSUMER INFORMATION MADE
46	46	AVAILABLE THROUGH THE INTERNET. (a) The Internet site maintained
47	47	under Section 531.0317 must include information for consumers
48	48	concerning long-term care services that complies with this section.
49	49	The Internet site maintained by the Department of Aging and
50	50	Disability Services must also include, or provide a link to, the
51	51	information required by this section.
52	52	(b) The information for consumers required by this section
53	53	must:
54	54	(1) be presented in a manner that is easily accessible
55	55	to, and understandable by, a consumer; and
56	56	(2) allow a consumer to make informed choices
57	57	concerning long-term care services and include:
58	58	(A) an explanation of the manner in which
59	59	long-term care service delivery is administered in different
60	60	counties through different programs operated by the commission and
61	61	by the Department of Aging and Disability Services, so that an
62	62	individual can easily understand the service options available in
63	63	the area in which that individual lives; and
64	64	(B) for the Medicaid Star + Plus pilot program,
65	65	information that allows a consumer to evaluate the performance of
66	66	each participating plan issuer, including for each issuer, in an
67	67	accessible format such as a table:
68	68	(i) the enrollment in each county;
69	69	(ii) additional "value-added" services
70	70	provided;
71	71	(iii) a summary of the financial
72	72	statistical report required under Subchapter A, Chapter 533;
73	73	(iv) complaint information;
74	74	(v) any sanction or penalty imposed by any
75	75	state agency, including a sanction or penalty imposed by the
76	76	commission or the Texas Department of Insurance;
77	77	(vi) information concerning consumer
78	78	satisfaction; and
79	79	(vii) other data, including relevant data
80	80	from reports of external quality review organizations, that may be
81	81	used by the consumer to evaluate the quality of the services
82	82	provided.
83	83	(c) In addition to providing the information required by
84	84	this section through the Internet, the commission or the Department
85	85	of Aging and Disability Services shall, on request by a consumer
86	86	without Internet access, provide the consumer with a printed copy
87	87	of the information from the website. The commission or department
88	88	may charge a reasonable fee for printing the information.
89	89	SECTION 4. (a) Effective September 15, 2009, Section
90	90	531.0219, Government Code, is repealed.
91	91	(b) Subject to Section 7 of this Act:
92	92	(1) effective September 15, 2009, the consolidated
93	93	waiver program under Section 531.0219, Government Code, is
94	94	abolished; and
95	95	(2) the Department of Aging and Disability Services,
96	96	with the assistance of the Health and Human Services Commission,
97	97	shall:
98	98	(A) before September 14, 2009, determine in which
99	99	other Section 1915(c) waiver programs, as defined by Section
100	100	531.001, Government Code, each person receiving services through
101	101	the consolidated waiver program is eligible for enrollment; and
102	102	(B) not later than September 14, 2009, transfer
103	103	the person's enrollment without any break in service from the
104	104	consolidated waiver program to an appropriate program described by
105	105	Paragraph (A) of this subdivision for which the person is eligible.
106	106	(c) A person described by Subsection (b) of this section may
107	107	not be placed on an interest list or any other waiting list for a
108	108	Section 1915(c) waiver program instead of being enrolled in a
109	109	program as required by Paragraph (B), Subdivision (2), Subsection
110	110	(b), of this section.
111	111	SECTION 5. (a) Not later than January 1, 2010, the Health
112	112	and Human Services Commission shall make the information required
113	113	by Section 531.0318, Government Code, as added by this Act,
114	114	available through the Internet.
115	115	(b) In developing the information required to be made
116	116	available under this Act, the Health and Human Services Commission
117	117	shall incorporate long-term care provider quality information
118	118	reported through the Department of Aging and Disability Services
119	119	Internet site, as well as other appropriate available information
120	120	concerning the quality of services provided through the long-term
121	121	care service delivery programs operated by that department.
122	122	SECTION 6. If before implementing any provision of this Act
123	123	a state agency determines that a waiver or authorization from a
124	124	federal agency is necessary for implementation of that provision,
125	125	the agency affected by the provision shall request the waiver or
126	126	authorization and may delay implementing that provision until the
127	127	waiver or authorization is granted.
128	128	SECTION 7. If before implementing any provision of this Act
129	129	a state agency determines that the implementation of the provision
130	130	could result in a reduction or elimination of federal funding, the
131	131	agency affected by the provision may delay implementing that
132	132	provision, including by continuing to operate the consolidated
133	133	waiver program otherwise eliminated by this Act, until the agency
134	134	is notified by the federal government that the implementation will
135	135	not result in a reduction or elimination of federal funding.
136	136	SECTION 8. This Act takes effect immediately if it receives
137	137	a vote of two-thirds of all the members elected to each house, as
138	138	provided by Section 39, Article III, Texas Constitution. If this
139	139	Act does not receive the vote necessary for immediate effect, this
140	140	Act takes effect September 1, 2009.
141	141	______________________________ ______________________________
142	142	President of the Senate Speaker of the House
143	143	I hereby certify that S.B. No. 705 passed the Senate on
144	144	April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
145	145	the Senate concurred in House amendment on May 29, 2009, by the
146	146	following vote: Yeas 30, Nays 0.
147	147	______________________________
148	148	Secretary of the Senate
149	149	I hereby certify that S.B. No. 705 passed the House, with
150	150	amendment, on May 27, 2009, by the following vote: Yeas 148,
151	151	Nays 0, one present not voting.
152	152	______________________________
153	153	Chief Clerk of the House
154	154	Approved:
155	155	______________________________
156	156	Date
157	157	______________________________
158	158	Governor