Texas 2019 - 86th Regular

Texas House Bill HB1295 Compare Versions

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11 86R4305 KFF-D
22 By: Davis of Harris H.B. No. 1295
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to early childhood intervention and rehabilitative and
88 habilitative services.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter A, Chapter 533, Government Code, is
1111 amended by adding Section 533.00521 to read as follows:
1212 Sec. 533.00521. STAR HEALTH PROGRAM: EARLY CHILDHOOD
1313 INTERVENTION SERVICES. (a) A managed care organization that
1414 contracts with the commission to provide health care services to
1515 recipients under the STAR Health program may not require prior
1616 authorization for the provision of early childhood intervention
1717 program services under Chapter 73, Human Resources Code, to a child
1818 eligible for the program, including services specified in the
1919 child's individualized family service plan issued by the commission
2020 under the program.
2121 (b) A contract between a managed care organization and the
2222 commission for the organization to provide health care services to
2323 recipients under the STAR Health program must contain a requirement
2424 that the organization:
2525 (1) proactively review and monitor recipient access
2626 and utilization of early childhood intervention services under
2727 Chapter 73, Human Resources Code; and
2828 (2) demonstrate to the commission that the
2929 organization is in compliance with Subsection (a), including a
3030 requirement that the organization submit quarterly reports to the
3131 commission that verify that the organization did not include a
3232 prior authorization request for early childhood intervention
3333 services under Chapter 73, Human Resources Code, as part of a
3434 medical necessity determination.
3535 SECTION 2. Section 73.001, Human Resources Code, is amended
3636 by adding Subdivision (5) to read as follows:
3737 (5) "Medicaid" means the medical assistance program
3838 established under Chapter 32, Human Resources Code.
3939 SECTION 3. Section 73.0051(l), Human Resources Code, is
4040 redesignated as Section 73.0052, Human Resources Code, and amended
4141 to read as follows:
4242 Sec. 73.0052. SYSTEM OF PAYMENTS. (a) Subject to the
4343 requirements of this section, the [(l) The] executive
4444 commissioner by rule may establish a system of payments by families
4545 of children receiving services under this chapter, including a
4646 schedule of sliding fees, in a manner consistent with 34 C.F.R.
4747 Sections 303.13(a)(3), 303.520, and 303.521.
4848 (b) In adopting a system of payments under this section and
4949 to the extent permitted by federal law, the executive commissioner
5050 shall require that if a child has private health benefits coverage,
5151 the health benefits plan provider that provides the coverage is the
5252 primary payor of services provided under this chapter, except as
5353 provided by Subsection (c).
5454 (c) If the child covered by private health benefits coverage
5555 described by Subsection (b) would be required to pay any amount
5656 out-of-pocket for a service provided under this chapter, including
5757 any deductible, copayment, coinsurance, or other cost-sharing
5858 payment, the executive commissioner shall ensure the claim for
5959 services is paid using money from the following sources in the
6060 following order:
6161 (1) federal funds received under Part C, Individuals
6262 with Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 et
6363 seq.);
6464 (2) Medicaid, if applicable; and
6565 (3) to the extent money is appropriated for that
6666 purpose, general revenue.
6767 SECTION 4. Chapter 73, Human Resources Code, is amended by
6868 adding Sections 73.00521 and 73.00522 to read as follows:
6969 Sec. 73.00521. DELIVERY OF SERVICES. (a) Notwithstanding
7070 any other law and except as provided by Subsection (b), the
7171 commission shall provide services under this chapter to each
7272 eligible child through the STAR Kids managed care program
7373 established under Section 533.00253, Government Code, regardless
7474 of the child's Medicaid eligibility.
7575 (b) Notwithstanding any other law, the commission shall
7676 provide through the STAR Health program services under this chapter
7777 to each eligible child who is in the conservatorship of the
7878 Department of Family and Protective Services.
7979 Sec. 73.00522. OMBUDSMAN FOR CERTAIN STAR KIDS MANAGED CARE
8080 PROGRAM ENROLLEES. (a) In this section, "ombudsman" means the
8181 individual designated as the ombudsman for children receiving early
8282 childhood intervention services through the STAR Kids managed care
8383 program under Section 73.00521(a).
8484 (b) The executive commissioner shall designate an ombudsman
8585 for children receiving early childhood intervention services
8686 through the STAR Kids managed care program under Section
8787 73.00521(a).
8888 (c) The ombudsman's office is administratively attached to
8989 the office of the ombudsman of the commission.
9090 (d) The commission may use an alternate title for the
9191 ombudsman in consumer-directed materials if the commission
9292 determines that the alternate title would benefit consumers'
9393 understanding of or access to ombudsman services.
9494 (e) The ombudsman serves as a neutral party to assist
9595 children who are eligible to receive or receiving early childhood
9696 intervention services through the STAR Kids managed care program
9797 under Section 73.00521(a) and their parents and guardians in
9898 resolving issues related to applying for and receiving those
9999 services.
100100 (f) The ombudsman shall for children and the parents and
101101 guardians of children eligible to receive or receiving early
102102 childhood intervention services through the STAR Kids managed care
103103 program under Section 73.00521(a):
104104 (1) provide dispute and complaint resolution
105105 services;
106106 (2) perform consumer protection and advocacy
107107 functions; and
108108 (3) collect inquiry and complaint data.
109109 (g) The executive commissioner by rule shall adopt and
110110 ensure the use of procedures for the reporting, monitoring, and
111111 resolution of disputes and complaints described by Subsection (f)
112112 that are consistent with the procedures adopted and used under
113113 Medicaid.
114114 SECTION 5. Section 73.009(a), Human Resources Code, is
115115 amended to read as follows:
116116 (a) The commission [department] shall develop and the
117117 executive commissioner shall establish policies concerning
118118 services described by this section. A child under three years of
119119 age and the child's parent, guardian, or other legally authorized
120120 representative:
121121 (1) [family] may be referred for services described by
122122 this section if the child is:
123123 (A) [(1)] identified as having a developmental
124124 delay;
125125 (B) [(2)] suspected of having a developmental
126126 delay; or
127127 (C) [(3)] considered at risk of developmental
128128 delay; and
129129 (2) shall be referred for services described by this
130130 section if the child is:
131131 (A) in the conservatorship of the Department of
132132 Family and Protective Services; and
133133 (B) at least one year of age unless an earlier
134134 referral for services is made.
135135 SECTION 6. Chapter 73, Human Resources Code, is amended by
136136 adding Sections 73.0105, 73.0111, and 73.012 to read as follows:
137137 Sec. 73.0105. COMBINED OR CONCURRENT APPOINTMENTS. The
138138 commission shall ensure that:
139139 (1) the parent, guardian, or other legally authorized
140140 representative of siblings who are eligible for the same service
141141 under this chapter is allowed to elect to have the siblings receive
142142 the service from the same provider at the same appointment if the
143143 provider agrees that the provision of services in this manner is
144144 appropriate treatment for the needs of each child; or
145145 (2) if the siblings' parent, guardian, or other
146146 legally authorized representative does not make the election under
147147 Subdivision (1) or the siblings are eligible for different services
148148 under this chapter that are available from the same provider, the
149149 parent, guardian, or legally authorized representative may
150150 schedule the appointments for the services near in time to each
151151 other.
152152 Sec. 73.0111. PROVIDER OMBUDSMAN. (a) In this section,
153153 "ombudsman" means the individual designated as the ombudsman for
154154 providers of services authorized under this chapter.
155155 (b) The executive commissioner shall designate an ombudsman
156156 for providers of services authorized under this chapter.
157157 (c) The ombudsman's office is administratively attached to
158158 the office of the ombudsman of the commission.
159159 (d) The commission may use an alternate title for the
160160 ombudsman in provider-directed materials if the commission
161161 determines that the alternate title would benefit providers'
162162 understanding of or access to ombudsman services.
163163 (e) The ombudsman serves as a neutral party to assist
164164 providers of services authorized under this chapter in resolving
165165 issues related to providing early childhood intervention services
166166 under this chapter, including through the STAR Kids managed care
167167 program.
168168 (f) The ombudsman shall:
169169 (1) provide dispute and complaint resolution
170170 services;
171171 (2) perform provider protection and advocacy
172172 functions; and
173173 (3) collect inquiry and complaint data.
174174 (g) The executive commissioner by rule shall adopt and
175175 ensure the use of procedures for the reporting, monitoring, and
176176 resolution of disputes and complaints described by Subsection (f)
177177 that are consistent with the procedures adopted and used under
178178 Medicaid.
179179 Sec. 73.012. REIMBURSEMENT METHODOLOGY FOR CASE MANAGEMENT
180180 SERVICES. (a) The executive commissioner shall:
181181 (1) apply for and actively pursue from the federal
182182 Centers for Medicare and Medicaid Services or other appropriate
183183 federal agency any waiver or other authorization necessary to
184184 provide reimbursement under Medicaid for case management services
185185 provided under this chapter; and
186186 (2) pending authorization under Subdivision (1),
187187 request clear direction and guidance from the federal Centers for
188188 Medicare and Medicaid Services on the reimbursement methodology
189189 that may be used for the provision of case management services under
190190 this chapter, including direction on allowable and unallowable
191191 costs.
192192 (b) If appropriate and based on the guidance received under
193193 Subsection (a), the executive commissioner shall amend rules
194194 governing reimbursement for the provision of case management
195195 services under this chapter to ensure providers are reimbursed for
196196 all allowable costs.
197197 (c) This section expires September 1, 2021.
198198 SECTION 7. Subtitle B, Title 3, Human Resources Code, is
199199 amended by adding Chapter 74 to read as follows:
200200 CHAPTER 74. TELE-CONNECTIVE PILOT PROGRAM
201201 Sec. 74.0001. DEFINITIONS. In this chapter:
202202 (1) "Commission" means the Health and Human Services
203203 Commission.
204204 (2) "Developmental delay" has the meaning assigned by
205205 Section 73.001.
206206 (3) "Eligible child" means a child who is eligible for
207207 early childhood intervention services under Chapter 73.
208208 (4) "Executive commissioner" means the executive
209209 commissioner of the Health and Human Services Commission.
210210 (5) "Tele-connective pilot program" means the program
211211 developed and implemented under Section 74.0002.
212212 (6) "Telehealth service" and "telemedicine medical
213213 service" have the meanings assigned by Section 111.001, Occupations
214214 Code.
215215 Sec. 74.0002. TELE-CONNECTIVE PILOT PROGRAM. The
216216 commission shall develop and implement a pilot program to provide
217217 early childhood intervention services under Chapter 73 to eligible
218218 children through the provision of telehealth and telemedicine
219219 medical services delivered using access points established in
220220 school districts selected to participate in the program.
221221 Sec. 74.0003. SCHOOL DISTRICT SELECTION. The commission in
222222 cooperation with the Texas Education Agency shall select the school
223223 districts in which to implement the tele-connective pilot program.
224224 In determining the school districts in which to implement the
225225 program, the commission and the Texas Education Agency:
226226 (1) shall consider each school district in which there
227227 is:
228228 (A) a low or inadequate number of service
229229 providers authorized under Chapter 73; or
230230 (B) a significant risk of losing service
231231 providers authorized under Chapter 73; and
232232 (2) may implement the program only in school districts
233233 in which the implementation is reasonable and feasible.
234234 Sec. 74.0004. PROVIDER PARTICIPATION. (a) The commission
235235 shall ensure that providers of services under Chapter 73 other than
236236 school districts are allowed to participate as providers in the
237237 tele-connective pilot program and provide services outside the
238238 school-based setting.
239239 (b) The commission shall collaborate with the Texas
240240 Education Agency to establish school-based provider access points
241241 for the program.
242242 Sec. 74.0005. ADEQUATE NETWORK OF ACCESS POINTS. The
243243 commission and the Texas Education Agency shall ensure that an
244244 adequate number of school-based and non-school-based
245245 tele-connective pilot program access points are established in a
246246 school district participating in the program.
247247 Sec. 74.0006. AUTOMATIC AND VOLUNTARY PARTICIPATION OF
248248 CERTAIN ELIGIBLE CHILDREN. (a) Subject to Subsection (b) and
249249 notwithstanding Section 73.0051(j), the commission shall
250250 automatically enroll an eligible child in the tele-connective pilot
251251 program if the child has a developmental delay of at least 30
252252 percent but less than 70 percent in only one area. An eligible
253253 child may not be enrolled in the tele-connective pilot program and
254254 may receive services in an in-person setting if the child has a
255255 developmental delay:
256256 (1) in any degree in at least two areas; or
257257 (2) of at least 70 percent in one area.
258258 (b) The parent, guardian, or other legally authorized
259259 representative of an eligible child may, at any time, elect to opt
260260 the child out of the tele-connective pilot program.
261261 Sec. 74.0007. SCHOOL DISTRICT EMPLOYEE TRAINING. The Texas
262262 Education Agency shall develop a training course on the
263263 tele-connective pilot program to be given to appropriate school
264264 district employees.
265265 Sec. 74.0008. INITIAL SCREENING AND EVALUATION. (a) An
266266 initial screening or evaluation under the tele-connective pilot
267267 program must:
268268 (1) be an in-person consultation; and
269269 (2) have the parent, guardian, or other legally
270270 authorized representative of the eligible child present.
271271 (b) The parent, guardian, or other legally authorized
272272 representative of an eligible child must be given the opportunity
273273 to opt the child out of the tele-connective pilot program at the
274274 time of the child's initial screening or evaluation.
275275 (c) Notwithstanding any other law, after a child is enrolled
276276 in the tele-connective pilot program, health care services,
277277 including any initial treatment or prescription, that are delivered
278278 or issued by a physician or by a health care provider acting under
279279 the delegation or supervision of the physician or under the health
280280 care provider's license may be provided using telecommunications or
281281 other information technology.
282282 Sec. 74.0009. PROVIDER REIMBURSEMENT. The executive
283283 commissioner in adopting rules governing the tele-connective pilot
284284 program shall ensure that provider reimbursement for a telehealth
285285 or telemedicine medical service is made at a rate that is comparable
286286 to the rate paid under private health benefit plans.
287287 Sec. 74.0010. CONFIDENTIALITY OF INFORMATION. The
288288 commission shall ensure that the tele-connective pilot program
289289 complies with federal and state law regarding confidentiality of
290290 medical information, including the Health Insurance Portability
291291 and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and
292292 the Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
293293 Section 1232g).
294294 Sec. 74.0011. ACCESS POINT EVALUATION. Not later than
295295 September 1, 2020, the commission shall conduct an evaluation of
296296 the tele-connective pilot program to ensure that an adequate number
297297 of access points have been established in each school district
298298 participating in the program. This section expires January 1,
299299 2021.
300300 Sec. 74.0012. REPORT. Not later than January 1, 2021, the
301301 commission shall submit an initial report to the governor, the
302302 lieutenant governor, the speaker of the house of representatives,
303303 and the presiding officers of the standing committees of the senate
304304 and house of representatives having primary jurisdiction over the
305305 early childhood intervention program authorized by Chapter 73. The
306306 report must evaluate the operation of the tele-connective pilot
307307 program and make recommendations regarding the continuation or
308308 expansion of the program.
309309 Sec. 74.0013. FUNDING. The commission shall actively seek
310310 and apply for any available federal money to support the
311311 tele-connective pilot program, including federal money made
312312 available by the:
313313 (1) Federal Communications Commission, including
314314 money available under the federal Rural Health Care Program;
315315 (2) United States Health Resources and Services
316316 Administration's Office for the Advancement of Telehealth; and
317317 (3) United States Department of Agriculture,
318318 including the Distance Learning and Telemedicine Grant Program
319319 established under 7 C.F.R. Part 1734.
320320 Sec. 74.0014. EXPIRATION. This chapter expires September
321321 1, 2023.
322322 SECTION 8. The heading to Subchapter E, Chapter 1367,
323323 Insurance Code, is amended to read as follows:
324324 SUBCHAPTER E. EARLY CHILDHOOD INTERVENTION SERVICES AND
325325 DEVELOPMENTAL DELAYS
326326 SECTION 9. Section 1367.201, Insurance Code, is amended to
327327 read as follows:
328328 Sec. 1367.201. DEFINITION. In this subchapter,
329329 rehabilitative and habilitative therapies and related services
330330 include:
331331 (1) occupational therapy evaluations and services;
332332 (2) physical therapy evaluations and services;
333333 (3) speech therapy evaluations and services; [and]
334334 (4) dietary or nutritional evaluations;
335335 (5) specialized skills training by a person certified
336336 as an early intervention specialist;
337337 (6) applied behavior analysis treatment by a board
338338 certified behavior analyst or licensed psychologist; and
339339 (7) case management provided by a person certified as
340340 an early intervention specialist.
341341 SECTION 10. Section 1367.202, Insurance Code, is amended to
342342 read as follows:
343343 Sec. 1367.202. APPLICABILITY OF SUBCHAPTER. (a) This
344344 subchapter applies only to a health benefit plan that:
345345 (1) provides benefits for medical or surgical expenses
346346 incurred as a result of a health condition, accident, or sickness,
347347 including an individual, group, blanket, or franchise insurance
348348 policy or insurance agreement, a group hospital service contract,
349349 or an individual or group evidence of coverage that is offered by:
350350 (A) an insurance company;
351351 (B) a group hospital service corporation
352352 operating under Chapter 842;
353353 (C) a fraternal benefit society operating under
354354 Chapter 885;
355355 (D) a stipulated premium company operating under
356356 Chapter 884;
357357 (E) a health maintenance organization operating
358358 under Chapter 843; or
359359 (F) a multiple employer welfare arrangement
360360 subject to regulation under Chapter 846;
361361 (2) is offered by an approved nonprofit health
362362 corporation that holds a certificate of authority under Chapter
363363 844; or
364364 (3) provides health and accident coverage through a
365365 risk pool created under Chapter 172, Local Government Code,
366366 notwithstanding Section 172.014, Local Government Code, or any
367367 other law.
368368 (b) Notwithstanding any other law, this subchapter also
369369 applies to a standard health benefit plan provided under Chapter
370370 1507.
371371 (c) Notwithstanding any provision in Chapter 1575 or 1579 or
372372 any other law, this subchapter applies to:
373373 (1) a basic plan under Chapter 1575; and
374374 (2) a primary care coverage plan under Chapter 1579.
375375 SECTION 11. Section 1367.203, Insurance Code, is amended to
376376 read as follows:
377377 Sec. 1367.203. EXCEPTION. (a) This subchapter does not
378378 apply to:
379379 (1) a plan that provides coverage:
380380 (A) only for a specified disease or for another
381381 limited benefit;
382382 (B) only for accidental death or dismemberment;
383383 (C) for wages or payments in lieu of wages for a
384384 period during which an employee is absent from work because of
385385 sickness or injury;
386386 (D) as a supplement to a liability insurance
387387 policy;
388388 (E) for credit insurance;
389389 (F) only for dental or vision care; or
390390 (G) only for indemnity for hospital confinement;
391391 (2) a small employer health benefit plan written under
392392 Chapter 1501;
393393 (3) a Medicare supplemental policy as defined by
394394 Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
395395 (4) a workers' compensation insurance policy;
396396 (5) medical payment insurance coverage provided under
397397 a motor vehicle insurance policy; or
398398 (6) a long-term care insurance policy, including a
399399 nursing home fixed indemnity policy, unless the commissioner
400400 determines that the policy provides benefit coverage so
401401 comprehensive that the policy is a health benefit plan as described
402402 by Section 1367.202.
403403 (b) This subchapter does not apply to a qualified health
404404 plan to the extent that a determination is made under 45 C.F.R.
405405 Section 155.170 that:
406406 (1) this subchapter requires the plan to offer
407407 benefits in addition to the essential health benefits required
408408 under 42 U.S.C. Section 18022(b); and
409409 (2) this state is required to defray the cost of the
410410 benefits mandated under this subchapter.
411411 SECTION 12. Section 1367.204, Insurance Code, is amended to
412412 read as follows:
413413 Sec. 1367.204. PROVISION [OFFER] OF COVERAGE REQUIRED.
414414 [(a)] A health benefit plan issuer must provide [offer] coverage
415415 that complies with this subchapter.
416416 [(b) The individual or group policy or contract holder may
417417 reject coverage required to be offered under this section.]
418418 SECTION 13. Section 1367.205, Insurance Code, is amended by
419419 amending Subsections (a) and (b) and adding Subsection (d) to read
420420 as follows:
421421 (a) A health benefit plan required to provide [that
422422 provides] coverage for rehabilitative and habilitative therapies
423423 and related services under this subchapter may not prohibit or
424424 restrict payment for covered services provided to a child and
425425 determined to be necessary to and provided in accordance with an
426426 individualized family service plan issued by the Health and Human
427427 Services Commission [Interagency Council on Early Childhood
428428 Intervention] under Chapter 73, Human Resources Code.
429429 (b) Rehabilitative and habilitative therapies and related
430430 services described by Subsection (a) must be covered in the amount,
431431 duration, scope, and service setting established in the child's
432432 individualized family service plan.
433433 (d) A health benefit plan prior authorization requirement,
434434 or another requirement that a service be authorized, otherwise
435435 applicable to a covered rehabilitative or habilitative therapy
436436 service or a related service is satisfied if the service is
437437 specified in a child's individualized family service plan.
438438 SECTION 14. Section 1367.206, Insurance Code, is amended to
439439 read as follows:
440440 Sec. 1367.206. PROHIBITED ACTIONS. Under the coverage
441441 required to be provided [offered] under this subchapter, a health
442442 benefit plan issuer may not:
443443 (1) apply the cost of rehabilitative and habilitative
444444 therapies and related services described by Section 1367.205(a) to
445445 an annual or lifetime maximum plan benefit or similar provision
446446 under the plan; or
447447 (2) use the cost of rehabilitative or habilitative
448448 therapies and related services described by Section 1367.205(a) as
449449 the sole justification for:
450450 (A) increasing plan premiums; or
451451 (B) terminating the insured's or enrollee's
452452 participation in the plan.
453453 SECTION 15. Subchapter A, Chapter 302, Labor Code, is
454454 amended by adding Section 302.0061 to read as follows:
455455 Sec. 302.0061. WORKFORCE DEVELOPMENT GRANTS FOR PROVIDERS
456456 UNDER EARLY CHILDHOOD INTERVENTION PROGRAM. (a) In this section,
457457 "early childhood intervention program" means the program
458458 established under Chapter 73, Human Resources Code, to provide
459459 early childhood intervention services in accordance with Part C,
460460 Individuals with Disabilities Education Act (IDEA)(20 U.S.C.
461461 Section 1431 et seq.).
462462 (b) The commission shall actively seek and apply for federal
463463 funding to establish a program designed to provide workforce
464464 development grants to providers participating in the early
465465 childhood intervention program for purposes of improving the
466466 provision of program services by offering providers appropriate
467467 education and training.
468468 SECTION 16. (a) The Health and Human Services Commission,
469469 after consulting with the Texas Education Agency, other appropriate
470470 state agencies, and the advisory committee established under
471471 Section 73.004, Human Resources Code, shall conduct a financial
472472 evaluation of the early childhood intervention services provided
473473 under Chapter 73, Human Resources Code, and report on that
474474 evaluation. The report must quantify the amount by which providing
475475 early childhood intervention services in this state affects other
476476 budget strategies.
477477 (b) Not later than September 1, 2020, the Health and Human
478478 Services Commission shall submit the report prepared under
479479 Subsection (a) of this section to the governor, the lieutenant
480480 governor, the speaker of the house of representatives, and the
481481 presiding officers of the standing committees of the senate and
482482 house of representatives having primary jurisdiction over the early
483483 childhood intervention program authorized by Chapter 73, Human
484484 Resources Code.
485485 SECTION 17. Not later than December 1, 2019, the Health and
486486 Human Services Commission shall issue guidance to health benefit
487487 plan issuers clarifying that providers of early childhood
488488 intervention services under Chapter 73, Human Resources Code, as
489489 amended by this Act, must file claims using the national provider
490490 identifier number and Texas provider identifier number.
491491 SECTION 18. Section 533.00521(b), Government Code, as added
492492 by this Act, applies to a contract entered into or renewed on or
493493 after the effective date of this Act. A contract entered into or
494494 renewed before that date is governed by the law in effect on the
495495 date the contract was entered into or renewed, and that law is
496496 continued in effect for that purpose.
497497 SECTION 19. Subchapter E, Chapter 1367, Insurance Code, as
498498 amended by this Act, applies only to a health benefit plan
499499 delivered, issued for delivery, or renewed on or after January 1,
500500 2020. A health benefit plan delivered, issued for delivery, or
501501 renewed before January 1, 2020, is governed by the law as it existed
502502 immediately before the effective date of this Act, and that law is
503503 continued in effect for that purpose.
504504 SECTION 20. (a) As soon as practicable after the effective
505505 date of this Act, but not later than January 1, 2020, the Health and
506506 Human Services Commission shall develop and implement the
507507 tele-connective pilot program required by Chapter 74, Human
508508 Resources Code, as added by this Act.
509509 (b) Immediately after the effective date of this Act, the
510510 Health and Human Services Commission shall apply for and actively
511511 pursue from the federal Centers for Medicare and Medicaid Services
512512 or other appropriate federal agency any waiver or other
513513 authorization necessary to implement Section 73.00521, Human
514514 Resources Code, as added by this Act. The commission may delay
515515 implementing Section 73.00521, Human Resources Code, as added by
516516 this Act, until the waiver or authorization is granted.
517517 (c) If before implementing any provision of this Act other
518518 than Sections 73.00521 and 73.012(a)(1), Human Resources Code, as
519519 added by this Act, a state agency determines that a waiver or
520520 authorization from a federal agency is necessary for implementation
521521 of that provision, the agency affected by the provision shall
522522 request the waiver or authorization and may delay implementing that
523523 provision until the waiver or authorization is granted.
524524 SECTION 21. This Act takes effect September 1, 2019.