1 | 1 | | By: RodrÃguez S.B. No. 2223 |
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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 Medicaid funding in this state, including the federal |
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7 | 7 | | government's participation in that funding. |
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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. Section 531.02113, Government Code, is amended |
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10 | 10 | | to read as follows: |
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11 | 11 | | Sec. 531.02113. OPTIMIZATION OF MEDICAID FINANCING. The |
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12 | 12 | | commission shall ensure that the Medicaid finance system: |
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13 | 13 | | (1) is optimized to: |
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14 | 14 | | (A) [(1)] maximize the state's receipt of |
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15 | 15 | | federal funds; |
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16 | 16 | | (B) [(2)] create incentives for providers to use |
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17 | 17 | | preventive care; |
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18 | 18 | | (C) [(3)] increase and retain providers in the |
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19 | 19 | | system to maintain an adequate provider network; |
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20 | 20 | | (D) [(4)] more accurately reflect the costs |
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21 | 21 | | borne by providers; and |
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22 | 22 | | (E) [(5)] encourage the improvement of the |
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23 | 23 | | quality of care; and |
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24 | 24 | | (2) complies with the requirements of Chapter 540, if |
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25 | 25 | | applicable. |
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26 | 26 | | SECTION 2. Subtitle I, Title 4, Government Code, is amended |
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27 | 27 | | by adding Chapter 540 to read as follows: |
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28 | 28 | | CHAPTER 540. MEDICAID FUNDING MODIFICATION |
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29 | 29 | | Sec. 540.0001. APPLICABILITY. This chapter applies to a |
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30 | 30 | | waiver to the requirements of this state's Medicaid state plan or |
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31 | 31 | | other authorization under Medicaid: |
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32 | 32 | | (1) for which the commission seeks approval from the |
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33 | 33 | | federal government; and |
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34 | 34 | | (2) that, if approved, would change this state's |
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35 | 35 | | receipt of federal money for Medicaid from the funding system in |
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36 | 36 | | effect on January 1, 2017, to a block grant or other funding system. |
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37 | 37 | | Sec. 540.0002. PRIMARY GOAL OF MEDICAID FUNDING |
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38 | 38 | | MODIFICATION. (a) The primary goal of a Medicaid funding |
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39 | 39 | | modification the commission seeks through a waiver or other |
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40 | 40 | | authorization to which this chapter applies must be to preserve the |
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41 | 41 | | best interests of the residents of this state. |
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42 | 42 | | (b) The commission may not seek a waiver or other |
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43 | 43 | | authorization to which this chapter applies that is contrary to the |
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44 | 44 | | primary goal specified by Subsection (a) or that otherwise does not |
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45 | 45 | | meet the requirements of this chapter. |
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46 | 46 | | Sec. 540.0003. ADEQUACY OF MEDICAID PROGRAM FUNDING. A |
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47 | 47 | | Medicaid funding modification the commission seeks through a waiver |
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48 | 48 | | or other authorization to which this chapter applies: |
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49 | 49 | | (1) must account for and ensure adequate, continued |
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50 | 50 | | funding for: |
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51 | 51 | | (A) anticipated growth in the number of persons |
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52 | 52 | | in this state who will be eligible for and enroll in the Medicaid |
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53 | 53 | | program; and |
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54 | 54 | | (B) health care trends that may affect costs, |
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55 | 55 | | including: |
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56 | 56 | | (i) increases in utilization rates; |
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57 | 57 | | (ii) increases in the acuity of Medicaid |
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58 | 58 | | recipients; |
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59 | 59 | | (iii) advancements in medical technology; |
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60 | 60 | | and |
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61 | 61 | | (iv) advancements in specialized |
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62 | 62 | | prescription drugs; and |
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63 | 63 | | (2) may not be designed in a manner that allows for |
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64 | 64 | | reductions in federal financial participation based on this state's |
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65 | 65 | | effective management of Medicaid cost growth. |
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66 | 66 | | Sec. 540.0004. MAINTENANCE OF ELIGIBILITY REQUIREMENTS AND |
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67 | 67 | | COVERED SERVICES. A waiver or other authorization to which this |
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68 | 68 | | chapter applies must ensure that, at a minimum: |
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69 | 69 | | (1) the eligibility criteria for full Medicaid |
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70 | 70 | | benefits in effect on January 1, 2017, are not made more restrictive |
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71 | 71 | | under the waiver or authorization, including the eligibility |
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72 | 72 | | criteria for low-income families, pregnant women, children, |
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73 | 73 | | persons who are 65 years of age or older, and persons with |
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74 | 74 | | disabilities; |
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75 | 75 | | (2) the eligibility criteria for limited Medicaid |
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76 | 76 | | benefits in effect on January 1, 2017, are not made more restrictive |
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77 | 77 | | under the waiver or authorization; and |
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78 | 78 | | (3) all acute care services and long-term services and |
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79 | 79 | | supports covered by Medicaid on January 1, 2017, continue to be |
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80 | 80 | | covered, regardless of whether those services are mandatory or |
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81 | 81 | | optional services under federal law. |
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82 | 82 | | Sec. 540.0005. PROVIDER REIMBURSEMENTS AND OTHER PAYMENTS. |
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83 | 83 | | (a) A waiver or other authorization to which this chapter applies |
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84 | 84 | | must ensure that the Medicaid funding modification the commission |
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85 | 85 | | seeks through the waiver or authorization will: |
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86 | 86 | | (1) support the provision of adequate reimbursements |
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87 | 87 | | to Medicaid providers, require reimbursement rates for those |
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88 | 88 | | providers for the provision of Medicaid services to be at least |
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89 | 89 | | equal to the rates in effect on January 1, 2017, and support |
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90 | 90 | | periodic reimbursement rate increases based on health care trends; |
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91 | 91 | | (2) ensure continued provision of payments to |
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92 | 92 | | hospitals equal to supplemental payments by this state to hospitals |
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93 | 93 | | under supplemental payment programs in effect on January 1, 2017, |
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94 | 94 | | which may include continued provision through increases in rates |
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95 | 95 | | paid for direct hospital services to Medicaid enrollees; and |
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96 | 96 | | (3) prioritize use of supplemental payments to |
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97 | 97 | | encourage continued development of comprehensive local and |
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98 | 98 | | regional health care systems that include preventive, primary, |
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99 | 99 | | specialty, outpatient, inpatient, mental health, and substance |
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100 | 100 | | abuse services for individuals without health insurance. |
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101 | 101 | | (b) Reimbursement systems under a waiver or other |
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102 | 102 | | authorization to which this chapter applies must encourage |
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103 | 103 | | value-based payment arrangements for Medicaid providers and |
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104 | 104 | | support efforts to promote quality of care. |
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105 | 105 | | SECTION 3. This Act takes effect immediately if it receives |
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106 | 106 | | a vote of two-thirds of all the members elected to each house, as |
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107 | 107 | | provided by Section 39, Article III, Texas Constitution. If this |
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108 | 108 | | Act does not receive the vote necessary for immediate effect, this |
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109 | 109 | | Act takes effect September 1, 2017. |
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