By: King of Taylor (Senate Sponsor - Kolkhorst) H.B. No. 2835
(In the Senate - Received from the House May 14, 2015;
May 15, 2015, read first time and referred to Committee on Health
and Human Services; May 22, 2015, reported favorably by the
following vote: Yeas 5, Nays 3; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the name of the program serving certain persons with
special health care needs and prioritizing services provided under
the program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that:
(1) when proposing, adopting, or amending the rules of
the Department of State Health Services, or the Health and Human
Services Commission and when publishing new or amended reference
materials, publications, or electronic media, the name of the
Children with Special Health Care Needs Services Program should be
changed to accurately reflect that the program provides services to
persons other than children, including persons 21 years of age and
older who have cystic fibrosis;
(2) as of January 31, 2015, persons not lawfully
present in the United States constituted two-thirds the total
number of persons served by the program;
(3) as of January 31, 2015, the program's waiting list
for services consisted of 178 persons, more than half of whom were
identified as persons not lawfully present in the United States;
(4) if because of financial limitations the program is
unable to serve all persons eligible for services under the
program, some persons placed on the program's waiting list may not
receive the services;
(5) the only authority the state may exercise to
address the limited availability of services when financial
limitations exist is for the state to give priority for services to
citizens of the United States who are on the program's waiting list;
and
(6) it is the policy of this state that, when financial
limitations restrict the number of persons served by the program,
citizens of the United States who are on the program's waiting list
for services should be given priority over persons not lawfully
present in the United States.
SECTION 2. The heading to Chapter 35, Health and Safety
Code, is amended to read as follows:
CHAPTER 35. TEXAS [CHILDREN WITH] SPECIAL HEALTH CARE NEEDS PROGRAM
SECTION 3. Section 35.001, Health and Safety Code, is
amended to read as follows:
Sec. 35.001. SHORT TITLE; REFERENCE IN OTHER LAW. (a) This
chapter may be cited as the Texas [Children with] Special Health
Care Needs Program [Services] Act.
(b) A reference in other law to the Children with Special
Health Care Needs Services Program means the program administered
under this chapter.
SECTION 4. Section 35.0021, Health and Safety Code, is
amended by adding Subdivision (6-a) and amending Subdivision (8) to
read as follows:
(6-a) "Person with special health care needs" has the
meaning assigned by Section 35.0022.
(8) "Program" means the services program for persons
[children] with special health care needs.
SECTION 5. Section 35.0022, Health and Safety Code, is
amended to read as follows:
Sec. 35.0022. PERSON [CHILD] WITH SPECIAL HEALTH CARE
NEEDS. (a) In this chapter, "person [child] with special health
care needs" means a person who:
(1) is younger than 21 years of age and who has a
chronic physical or developmental condition; or
(2) has cystic fibrosis, regardless of the person's
age.
(b) The term "person ["child] with special health care
needs" may include a person who has a behavioral or emotional
condition that accompanies the person's physical or developmental
condition. The term does not include a person who has a behavioral
or emotional condition without having an accompanying physical or
developmental condition.
(c) A reference in this chapter to a "child with special
health care needs" means a "person with special health care needs"
and a reference to a "child" means a "person."
SECTION 6. The heading to Section 35.003, Health and Safety
Code, is amended to read as follows:
Sec. 35.003. SERVICES PROGRAM FOR PERSONS [CHILDREN] WITH
SPECIAL HEALTH CARE NEEDS.
SECTION 7. Section 35.003, Health and Safety Code, is
amended by amending Subsections (a) and (d) and adding Subsection
(c-1) to read as follows:
(a) The program is in the department to provide services to
eligible persons [children] with special health care needs. The
program shall provide:
(1) early identification of persons [children] with
special health care needs;
(2) diagnosis and evaluation of persons [children]
with special health care needs;
(3) rehabilitation services to persons [children]
with special health care needs;
(4) development and improvement of standards and
services for persons [children] with special health care needs;
(5) case management services;
(6) other family support services; and
(7) access to health benefits plan coverage under
Section 35.0031.
(c-1) To the extent allowed by federal law, the executive
commissioner shall adopt rules requiring the department to give
priority for services provided under the program to an eligible
person who is placed on a waiting list under Subsection (c) based on
the following criteria in order of importance:
(1) the acuity of the person's medical condition;
(2) whether the person is a United States citizen or a
qualified alien as that term is defined by 8 U.S.C. Section 1641(b);
(3) the amount of time the person has been on the
waiting list; and
(4) any other factors considered relevant by the
department.
(d) The program may provide:
(1) transportation and subsistence for an eligible
person [child] with special health care needs and the person's
[child's] parent, managing conservator, guardian, or other adult
caretaker approved by the program to obtain services provided by
the program; and
(2) the following services to an eligible person
[child] with special health care needs who dies in an approved
facility outside the person's [child's] municipality of residence
while receiving program services:
(A) the transportation of the person's [child's]
remains, and the transportation of a parent or other person
accompanying the remains, from the facility to the place of burial
in this state that is designated by the parent or other person
legally responsible for interment;
(B) the expense of embalming, if required for
transportation;
(C) the cost of a coffin purchased at a minimum
price, if a coffin is required for transportation; and
(D) any other necessary expenses directly
related to the care and return of the person's [child's] remains to
the place of burial in this state.
SECTION 8. The changes in law made by this Act apply to an
eligible person placed on a waiting list under Section 35.003(c),
Health and Safety Code, following an initial determination or
redetermination of the person's eligibility for services under
Chapter 35, Health and Safety Code, that is made on or after the
effective date of this Act.
SECTION 9. Not later than September 1, 2019, the name of the
Children with Special Health Care Needs Program operated under
Chapter 35, Health and Safety Code, must be updated in applicable
rules and reference materials, publications, and electronic media
to reflect the change in law made by this Act. Before that date, the
name of the program must be changed in applicable rules and
reference materials, publications, and electronic media only when
proposing, adopting, or amending the rules and when publishing new
or amended reference materials, publications, or electronic media.
SECTION 10. This Act takes effect September 1, 2015.
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