1 | 1 | | By: Bonnen of Galveston H.B. No. 3634 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to the amendment of the Texas Health Care Transformation |
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7 | 7 | | and Quality Improvement Program waiver. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Chapter 531, Government Code, is amended by |
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10 | 10 | | adding Subchapter N-1 to read as follows: |
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11 | 11 | | SUBCHAPTER N-1. TEXAS HEALTH CARE TRANSFORMATION AND QUALITY |
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12 | 12 | | IMPROVEMENT PROGRAM WAIVER |
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13 | 13 | | Sec. 531.521. AMENDMENT OF TEXAS HEALTH CARE TRANSFORMATION |
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14 | 14 | | AND QUALITY IMPROVEMENT PROGRAM WAIVER. Notwithstanding any other |
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15 | 15 | | law, the commission shall seek to amend the Texas Health Care |
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16 | 16 | | Transformation and Quality Improvement Program waiver issued under |
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17 | 17 | | Section 1115 of the federal Social Security Act (42 U.S.C. Section |
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18 | 18 | | 1315) to: |
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19 | 19 | | (1) reinstate the eligibility criteria for Medicaid |
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20 | 20 | | that existed on December 31, 2013, including by reinstating income |
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21 | 21 | | limits and asset test requirements that existed on that date, |
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22 | 22 | | eliminating income disregards that have been implemented since that |
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23 | 23 | | date, and discontinuing the use of the modified adjusted gross |
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24 | 24 | | income (MAGI) income eligibility methodology; |
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25 | 25 | | (2) ensure that the eligibility certification period |
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26 | 26 | | for Medicaid is six months; |
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27 | 27 | | (3) prohibit recipients enrolled in a Medicaid managed |
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28 | 28 | | care plan from enrolling in a different Medicaid managed care plan |
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29 | 29 | | at any time during the 6-month period after the date of enrollment |
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30 | 30 | | in the plan without cause, to the extent not prohibited by federal |
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31 | 31 | | law; |
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32 | 32 | | (4) reinstate the eligibility criteria for the child |
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33 | 33 | | health plan program that existed immediately before the effective |
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34 | 34 | | date of Chapter 1353 (H.B. 109), Acts of the 80th Legislature, |
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35 | 35 | | Regular Session, 2007, including by reinstating asset test |
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36 | 36 | | requirements that existed immediately before that date, |
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37 | 37 | | eliminating income disregards that have been implemented since that |
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38 | 38 | | date, and discontinuing the use of the modified adjusted gross |
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39 | 39 | | income (MAGI) income eligibility methodology; |
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40 | 40 | | (5) ensure that the eligibility certification period |
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41 | 41 | | for the child health plan program is six months; |
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42 | 42 | | (6) require Medicaid recipients and child health plan |
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43 | 43 | | program enrollees to participate in a health insurance premium |
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44 | 44 | | payment reimbursement program if the employer-sponsored coverage |
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45 | 45 | | available to the recipient or enrollee meets benchmarks established |
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46 | 46 | | by the commission; |
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47 | 47 | | (7) authorize the commission to establish a system in |
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48 | 48 | | which employers may pay all or part of the share of a premium |
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49 | 49 | | required to be paid by a recipient or enrollee described by |
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50 | 50 | | Subdivision (6); |
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51 | 51 | | (8) require Medicaid recipients to pay copayments for |
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52 | 52 | | services provided under Medicaid to the same extent copayments |
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53 | 53 | | for |
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54 | 54 | | the same or similar services are required under the child health |
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55 | 55 | | plan program; |
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56 | 56 | | (9) authorize the imposition of fees on Medicaid |
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57 | 57 | | recipients and child health plan program enrollees for missed |
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58 | 58 | | health care appointments that are more comparable to those imposed |
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59 | 59 | | in the private market; |
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60 | 60 | | (10) require adult Medicaid recipients to sign a |
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61 | 61 | | personal responsibility agreement similar to the agreement |
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62 | 62 | | required for adult recipients of financial assistance benefits |
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63 | 63 | | under Section 31.0031, Human Resources Code; |
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64 | 64 | | (11) ensure that the commission has broad authority to |
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65 | 65 | | evaluate new and innovative payment and service delivery models for |
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66 | 66 | | Medicaid by implementing pilot programs to test those models, |
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67 | 67 | | including pilot programs to evaluate the direct primary care |
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68 | 68 | | payment model, bundled payment models, and the delivery of services |
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69 | 69 | | through accountable care organizations, without the need to seek |
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70 | 70 | | additional waivers or authorizations for implementation of those |
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71 | 71 | | pilot programs; and |
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72 | 72 | | (12) operate Medicaid under a block grant funding |
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73 | 73 | | system based on population and cost growth trends. |
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74 | 74 | | SECTION 2. Chapter 537, Government Code, is repealed. |
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75 | 75 | | SECTION 3. Not later than October 1, 2017, the Health and |
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76 | 76 | | Human Services Commission shall apply to the federal Centers for |
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77 | 77 | | Medicare and Medicaid Services to amend the Texas Health Care |
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78 | 78 | | Transformation and Quality Improvement Program waiver issued under |
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79 | 79 | | Section 1115 of the federal Social Security Act (42 U.S.C. Section |
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80 | 80 | | 1315), as required by Subchapter N-1, Government Code, as added by |
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81 | 81 | | this Act. |
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82 | 82 | | SECTION 4. This Act takes effect September 1, 2017. |
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