Texas 2015 - 84th Regular

Texas House Bill HB2835 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: King of Taylor (Senate Sponsor - Kolkhorst) H.B. No. 2835
2	2	(In the Senate - Received from the House May 14, 2015;
3	3	May 15, 2015, read first time and referred to Committee on Health
4	4	and Human Services; May 22, 2015, reported favorably by the
5	5	following vote: Yeas 5, Nays 3; May 22, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the name of the program serving certain persons with
12	12	special health care needs and prioritizing services provided under
13	13	the program.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. The legislature finds that:
16	16	(1) when proposing, adopting, or amending the rules of
17	17	the Department of State Health Services, or the Health and Human
18	18	Services Commission and when publishing new or amended reference
19	19	materials, publications, or electronic media, the name of the
20	20	Children with Special Health Care Needs Services Program should be
21	21	changed to accurately reflect that the program provides services to
22	22	persons other than children, including persons 21 years of age and
23	23	older who have cystic fibrosis;
24	24	(2) as of January 31, 2015, persons not lawfully
25	25	present in the United States constituted two-thirds the total
26	26	number of persons served by the program;
27	27	(3) as of January 31, 2015, the program's waiting list
28	28	for services consisted of 178 persons, more than half of whom were
29	29	identified as persons not lawfully present in the United States;
30	30	(4) if because of financial limitations the program is
31	31	unable to serve all persons eligible for services under the
32	32	program, some persons placed on the program's waiting list may not
33	33	receive the services;
34	34	(5) the only authority the state may exercise to
35	35	address the limited availability of services when financial
36	36	limitations exist is for the state to give priority for services to
37	37	citizens of the United States who are on the program's waiting list;
38	38	and
39	39	(6) it is the policy of this state that, when financial
40	40	limitations restrict the number of persons served by the program,
41	41	citizens of the United States who are on the program's waiting list
42	42	for services should be given priority over persons not lawfully
43	43	present in the United States.
44	44	SECTION 2. The heading to Chapter 35, Health and Safety
45	45	Code, is amended to read as follows:
46	46	CHAPTER 35. TEXAS [CHILDREN WITH] SPECIAL HEALTH CARE NEEDS PROGRAM
47	47	SECTION 3. Section 35.001, Health and Safety Code, is
48	48	amended to read as follows:
49	49	Sec. 35.001. SHORT TITLE; REFERENCE IN OTHER LAW. (a) This
50	50	chapter may be cited as the Texas [Children with] Special Health
51	51	Care Needs Program [Services] Act.
52	52	(b) A reference in other law to the Children with Special
53	53	Health Care Needs Services Program means the program administered
54	54	under this chapter.
55	55	SECTION 4. Section 35.0021, Health and Safety Code, is
56	56	amended by adding Subdivision (6-a) and amending Subdivision (8) to
57	57	read as follows:
58	58	(6-a) "Person with special health care needs" has the
59	59	meaning assigned by Section 35.0022.
60	60	(8) "Program" means the services program for persons
61	61	[children] with special health care needs.
62	62	SECTION 5. Section 35.0022, Health and Safety Code, is
63	63	amended to read as follows:
64	64	Sec. 35.0022. PERSON [CHILD] WITH SPECIAL HEALTH CARE
65	65	NEEDS. (a) In this chapter, "person [child] with special health
66	66	care needs" means a person who:
67	67	(1) is younger than 21 years of age and who has a
68	68	chronic physical or developmental condition; or
69	69	(2) has cystic fibrosis, regardless of the person's
70	70	age.
71	71	(b) The term "person ["child] with special health care
72	72	needs" may include a person who has a behavioral or emotional
73	73	condition that accompanies the person's physical or developmental
74	74	condition. The term does not include a person who has a behavioral
75	75	or emotional condition without having an accompanying physical or
76	76	developmental condition.
77	77	(c) A reference in this chapter to a "child with special
78	78	health care needs" means a "person with special health care needs"
79	79	and a reference to a "child" means a "person."
80	80	SECTION 6. The heading to Section 35.003, Health and Safety
81	81	Code, is amended to read as follows:
82	82	Sec. 35.003. SERVICES PROGRAM FOR PERSONS [CHILDREN] WITH
83	83	SPECIAL HEALTH CARE NEEDS.
84	84	SECTION 7. Section 35.003, Health and Safety Code, is
85	85	amended by amending Subsections (a) and (d) and adding Subsection
86	86	(c-1) to read as follows:
87	87	(a) The program is in the department to provide services to
88	88	eligible persons [children] with special health care needs. The
89	89	program shall provide:
90	90	(1) early identification of persons [children] with
91	91	special health care needs;
92	92	(2) diagnosis and evaluation of persons [children]
93	93	with special health care needs;
94	94	(3) rehabilitation services to persons [children]
95	95	with special health care needs;
96	96	(4) development and improvement of standards and
97	97	services for persons [children] with special health care needs;
98	98	(5) case management services;
99	99	(6) other family support services; and
100	100	(7) access to health benefits plan coverage under
101	101	Section 35.0031.
102	102	(c-1) To the extent allowed by federal law, the executive
103	103	commissioner shall adopt rules requiring the department to give
104	104	priority for services provided under the program to an eligible
105	105	person who is placed on a waiting list under Subsection (c) based on
106	106	the following criteria in order of importance:
107	107	(1) the acuity of the person's medical condition;
108	108	(2) whether the person is a United States citizen or a
109	109	qualified alien as that term is defined by 8 U.S.C. Section 1641(b);
110	110	(3) the amount of time the person has been on the
111	111	waiting list; and
112	112	(4) any other factors considered relevant by the
113	113	department.
114	114	(d) The program may provide:
115	115	(1) transportation and subsistence for an eligible
116	116	person [child] with special health care needs and the person's
117	117	[child's] parent, managing conservator, guardian, or other adult
118	118	caretaker approved by the program to obtain services provided by
119	119	the program; and
120	120	(2) the following services to an eligible person
121	121	[child] with special health care needs who dies in an approved
122	122	facility outside the person's [child's] municipality of residence
123	123	while receiving program services:
124	124	(A) the transportation of the person's [child's]
125	125	remains, and the transportation of a parent or other person
126	126	accompanying the remains, from the facility to the place of burial
127	127	in this state that is designated by the parent or other person
128	128	legally responsible for interment;
129	129	(B) the expense of embalming, if required for
130	130	transportation;
131	131	(C) the cost of a coffin purchased at a minimum
132	132	price, if a coffin is required for transportation; and
133	133	(D) any other necessary expenses directly
134	134	related to the care and return of the person's [child's] remains to
135	135	the place of burial in this state.
136	136	SECTION 8. The changes in law made by this Act apply to an
137	137	eligible person placed on a waiting list under Section 35.003(c),
138	138	Health and Safety Code, following an initial determination or
139	139	redetermination of the person's eligibility for services under
140	140	Chapter 35, Health and Safety Code, that is made on or after the
141	141	effective date of this Act.
142	142	SECTION 9. Not later than September 1, 2019, the name of the
143	143	Children with Special Health Care Needs Program operated under
144	144	Chapter 35, Health and Safety Code, must be updated in applicable
145	145	rules and reference materials, publications, and electronic media
146	146	to reflect the change in law made by this Act. Before that date, the
147	147	name of the program must be changed in applicable rules and
148	148	reference materials, publications, and electronic media only when
149	149	proposing, adopting, or amending the rules and when publishing new
150	150	or amended reference materials, publications, or electronic media.
151	151	SECTION 10. This Act takes effect September 1, 2015.
152	152	* * * * *