Texas 2011 - 82nd Regular

Texas House Bill HB329 Compare Versions

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1	1	82R7069 ALB-D
2	2	By: Guillen, Naishtat, Raymond H.B. No. 329
3	3	Substitute the following for H.B. No. 329:
4	4	By: Gonzalez C.S.H.B. No. 329
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a pilot project to establish a comprehensive access
10	10	point for long-term services and supports provided to older persons
11	11	and persons with physical disabilities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 531, Government Code, is
14	14	amended by adding Section 531.0525 to read as follows:
15	15	Sec. 531.0525. PILOT PROJECT TO ESTABLISH COMPREHENSIVE
16	16	ACCESS POINT FOR LONG-TERM SERVICES AND SUPPORTS. (a) In this
17	17	section:
18	18	(1) "Aging and disability resource center" means a
19	19	center established under the Aging and Disability Resource Center
20	20	initiative funded in part by the federal Administration on Aging
21	21	and the Centers for Medicare and Medicaid Services.
22	22	(2) "Colocated long-term services and supports staff
23	23	members" means:
24	24	(A) long-term services and supports staff
25	25	members who are located in the same physical office; or
26	26	(B) long-term services and supports staff
27	27	members who are not located in the same physical office but who work
28	28	collaboratively through the use of the telephone or other
29	29	technologies.
30	30	(3) "Department of Aging and Disability Services staff
31	31	members" includes community services staff members of the
32	32	Department of Aging and Disability Services.
33	33	(4) "Long-term services and supports" means long-term
34	34	assistance or care provided to older persons and persons with
35	35	physical disabilities through the Medicaid program or other
36	36	programs. The term includes assistance or care provided through
37	37	the following programs:
38	38	(A) the primary home care program;
39	39	(B) the community attendant services program;
40	40	(C) the community-based alternatives program;
41	41	(D) the day activity and health services program;
42	42	(E) the promoting independence program;
43	43	(F) a program funded through the Older Americans
44	44	Act of 1965 (42 U.S.C. Section 3001 et seq.);
45	45	(G) a community care program funded through Title
46	46	XX of the federal Social Security Act (42 U.S.C. Section 301 et
47	47	seq.);
48	48	(H) the in-home and family support program; and
49	49	(I) a nursing facility program.
50	50	(5) "Long-term services and supports staff" means:
51	51	(A) one or more of the commission's Medicaid
52	52	eligibility determination staff members;
53	53	(B) one or more Department of Aging and
54	54	Disability Services staff members; and
55	55	(C) one or more area agency on aging staff
56	56	members.
57	57	(6) "Pilot project site" means a location in an area
58	58	served by the pilot project established under this section where
59	59	colocated long-term services and supports staff members work
60	60	collaboratively to provide information and tentatively assess
61	61	functional and financial eligibility to initiate long-term
62	62	services and supports.
63	63	(7) "Tentative assessment of functional and financial
64	64	eligibility" means an expedited preliminary screening of an
65	65	applicant to determine Medicaid eligibility with the goal of
66	66	initiating services within seven business days. The tentative
67	67	assessment does not guarantee state payment for services.
68	68	(b) Subject to availability of funds appropriated by the
69	69	legislature for this purpose, the commission shall develop and
70	70	implement a pilot project to establish a comprehensive access point
71	71	system for long-term services and supports in which colocated
72	72	long-term services and supports staff members work in collaboration
73	73	to provide all necessary services in connection with long-term
74	74	services and supports from the intake process to the start of
75	75	service delivery. The pilot project must require that, at a
76	76	minimum, the staff members work collaboratively to:
77	77	(1) inform and educate older persons, persons with
78	78	physical disabilities, and their family members and other
79	79	caregivers about long-term services and supports for which they may
80	80	qualify;
81	81	(2) screen older persons and persons with physical
82	82	disabilities requesting long-term services and supports;
83	83	(3) provide a tentative assessment of functional and
84	84	financial eligibility for older persons and persons with physical
85	85	disabilities requesting long-term services and supports for which
86	86	there are no interest lists; and
87	87	(4) make final determinations of eligibility for
88	88	long-term services and supports.
89	89	(c) In developing and implementing the pilot project, the
90	90	commission shall ensure that:
91	91	(1) the pilot project site has colocated long-term
92	92	services and supports staff members who are located in the same
93	93	physical office;
94	94	(2) the pilot project site serves as a comprehensive
95	95	access point for older persons and persons with physical
96	96	disabilities to obtain information about long-term services and
97	97	supports for which they may qualify and access long-term services
98	98	and supports in the site's service area;
99	99	(3) the pilot project site is designed and operated in
100	100	accordance with best practices adopted by the executive
101	101	commissioner after the commission reviews best practices for
102	102	similar initiatives in other states and professional policy-based
103	103	research describing best practices for successful initiatives;
104	104	(4) the colocated long-term services and supports
105	105	staff members supporting the pilot project site include:
106	106	(A) one full-time commission staff member who
107	107	determines eligibility for the Medicaid program and who:
108	108	(i) has full access to the Texas Integrated
109	109	Eligibility Redesign System (TIERS);
110	110	(ii) has previously made Medicaid long-term
111	111	care eligibility determinations; and
112	112	(iii) is dedicated primarily to making
113	113	eligibility determinations for incoming clients at the site;
114	114	(B) sufficient Department of Aging and
115	115	Disability Services staff members to carry out the tentative
116	116	functional and financial eligibility and screening functions at the
117	117	site;
118	118	(C) sufficient area agency on aging staff members
119	119	to:
120	120	(i) assist with the performance of
121	121	screening functions and service coordination for services funded
122	122	under the Older Americans Act of 1965 (42 U.S.C. Section 3001 et
123	123	seq.), such as meals programs; and
124	124	(ii) identify other locally funded and
125	125	supported services that will enable older persons and persons with
126	126	physical disabilities to continue to reside in the community to the
127	127	extent reasonable; and
128	128	(D) any available staff members from local
129	129	service agencies; and
130	130	(5) the colocated long-term services and supports
131	131	staff members of the pilot project site:
132	132	(A) process intakes for long-term services and
133	133	supports in person or by telephone or through the Internet;
134	134	(B) use a standardized screening tool to
135	135	tentatively assess both functional and financial eligibility with
136	136	the goal of initiating services within seven business days;
137	137	(C) closely coordinate with local hospital
138	138	discharge planners and staff members of extended rehabilitation
139	139	units of local hospitals and nursing homes; and
140	140	(D) inform persons about community-based
141	141	services available in the area served by the pilot project.
142	142	(d) The pilot project must be implemented in a single county
143	143	or a multicounty area, as determined by the commission. The pilot
144	144	project site must be located within an aging and disability
145	145	resource center service area. If the commission finds that there is
146	146	no aging and disability resource center that is willing or able to
147	147	accommodate a pilot project site on the date the pilot project is to
148	148	be implemented, the pilot project site may be located at another
149	149	appropriate location.
150	150	(e) Not later than January 31, 2013, the commission shall
151	151	submit a report concerning the pilot project to the presiding
152	152	officers of the standing committees of the senate and house of
153	153	representatives having primary jurisdiction over health and human
154	154	services. The report must:
155	155	(1) contain an evaluation of the operation of the
156	156	pilot project;
157	157	(2) contain an evaluation of the pilot project's
158	158	benefits for persons who received services;
159	159	(3) contain a calculation of the costs and cost
160	160	savings that can be attributed to implementation of the pilot
161	161	project;
162	162	(4) include a recommendation regarding adopting
163	163	improved policies and procedures concerning long-term services and
164	164	supports with statewide applicability, as determined from
165	165	information obtained in operating the pilot project;
166	166	(5) include a recommendation regarding the
167	167	feasibility of expanding the pilot project to other areas of this
168	168	state or statewide; and
169	169	(6) contain the perspectives of service providers
170	170	participating in the pilot project.
171	171	(f) This section expires September 1, 2015.
172	172	SECTION 2. Not later than December 31, 2011, the Health and
173	173	Human Services Commission shall ensure that the pilot project site
174	174	is in operation under the pilot project required by Section
175	175	531.0525, Government Code, as added by this Act.
176	176	SECTION 3. If before implementing any provision of this Act
177	177	a state agency determines that a waiver or authorization from a
178	178	federal agency is necessary for implementation of that provision,
179	179	the agency affected by the provision shall request the waiver or
180	180	authorization and may delay implementing that provision until the
181	181	waiver or authorization is granted.
182	182	SECTION 4. This Act takes effect immediately if it receives
183	183	a vote of two-thirds of all the members elected to each house, as
184	184	provided by Section 39, Article III, Texas Constitution. If this
185	185	Act does not receive the vote necessary for immediate effect, this
186	186	Act takes effect September 1, 2011.