82R1346 SJM-D
By: Naishtat H.B. No. 3127
A BILL TO BE ENTITLED
AN ACT
relating to a Medicaid hospital level of care waiver program for
certain medically fragile individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0521 to read as follows:
Sec. 32.0521. HOSPITAL LEVEL OF CARE WAIVER PROGRAM FOR
MEDICALLY FRAGILE INDIVIDUALS. (a) The department shall apply for
a waiver under Section 1915(c) of the federal Social Security Act
(42 U.S.C. Section 1396n(c)) to provide the state with the
flexibility to provide medical assistance services outside the
scope, amount, or duration of nonwaiver services available to
medically fragile individuals who are at least 21 years of age and
who require a hospital level of care under the medical assistance
program.
(b) The waiver program under this section must include
coverage for case management services, attendant care services,
rehabilitation, respite and companion care services, private duty
nursing, medical equipment and supplies, home health care services,
and in-home support services.
(c) To ensure that services subject to this section are cost
neutral and not duplicative of other services provided under the
medical assistance program, the department shall coordinate the
provision of services subject to this section with services
provided under other federal waiver programs.
SECTION 2. 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 3. This Act takes effect September 1, 2011.