S.B. No. 705
AN ACT
relating to long-term care consumer information and Medicaid 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. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0318 to read as follows:
Sec. 531.0318. LONG-TERM CARE CONSUMER INFORMATION MADE
AVAILABLE THROUGH THE INTERNET. (a) The Internet site maintained
under Section 531.0317 must include information for consumers
concerning long-term care services that complies with this section.
The Internet site maintained by the Department of Aging and
Disability Services must also include, or provide a link to, the
information required by this section.
(b) The information for consumers required by this section
must:
(1) be presented in a manner that is easily accessible
to, and understandable by, a consumer; and
(2) allow a consumer to make informed choices
concerning long-term care services and include:
(A) an explanation of the manner in which
long-term care service delivery is administered in different
counties through different programs operated by the commission and
by the Department of Aging and Disability Services, so that an
individual can easily understand the service options available in
the area in which that individual lives; and
(B) for the Medicaid Star + Plus pilot program,
information that allows a consumer to evaluate the performance of
each participating plan issuer, including for each issuer, in an
accessible format such as a table:
(i) the enrollment in each county;
(ii) additional "value-added" services
provided;
(iii) a summary of the financial
statistical report required under Subchapter A, Chapter 533;
(iv) complaint information;
(v) any sanction or penalty imposed by any
state agency, including a sanction or penalty imposed by the
commission or the Texas Department of Insurance;
(vi) information concerning consumer
satisfaction; and
(vii) other data, including relevant data
from reports of external quality review organizations, that may be
used by the consumer to evaluate the quality of the services
provided.
(c) In addition to providing the information required by
this section through the Internet, the commission or the Department
of Aging and Disability Services shall, on request by a consumer
without Internet access, provide the consumer with a printed copy
of the information from the website. The commission or department
may charge a reasonable fee for printing the information.
SECTION 4. (a) Effective September 15, 2009, Section
531.0219, Government Code, is repealed.
(b) Subject to Section 7 of this Act:
(1) effective September 15, 2009, the consolidated
waiver program under Section 531.0219, Government Code, is
abolished; and
(2) the Department of Aging and Disability Services,
with the assistance of the Health and Human Services Commission,
shall:
(A) 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
(B) 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
Paragraph (A) of this subdivision 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 Paragraph (B), Subdivision (2), Subsection
(b), of this section.
SECTION 5. (a) Not later than January 1, 2010, the Health
and Human Services Commission shall make the information required
by Section 531.0318, Government Code, as added by this Act,
available through the Internet.
(b) In developing the information required to be made
available under this Act, the Health and Human Services Commission
shall incorporate long-term care provider quality information
reported through the Department of Aging and Disability Services
Internet site, as well as other appropriate available information
concerning the quality of services provided through the long-term
care service delivery programs operated by that department.
SECTION 6. 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 7. If before implementing any provision of this Act
a state agency determines that the implementation of the provision
could result in a reduction or elimination of federal funding, the
agency affected by the provision may delay implementing that
provision, including by continuing to operate the consolidated
waiver program otherwise eliminated by this Act, until the agency
is notified by the federal government that the implementation will
not result in a reduction or elimination of federal funding.
SECTION 8. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 705 passed the Senate on
April 2, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 705 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 148,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor