| 1 | 1 | | 86R9865 KFF-D |
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| 2 | 2 | | By: Muñoz, Jr. H.B. No. 3700 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of Medicaid benefits under a |
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| 8 | 8 | | fee-for-service delivery model. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 32.0212, Human Resources Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 32.0212. DELIVERY OF MEDICAL ASSISTANCE. (a) |
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| 13 | 13 | | Notwithstanding any other law and subject to Subsection (b) |
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| 14 | 14 | | [Section 533.0025, Government Code], the commission shall provide |
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| 15 | 15 | | medical assistance solely through a fee-for-service delivery model |
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| 16 | 16 | | [for acute care services through the Medicaid managed care system |
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| 17 | 17 | | implemented under Chapter 533, Government Code, or another Medicaid |
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| 18 | 18 | | capitated managed care program]. |
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| 19 | 19 | | (b) Not later than September 1, 2021, the commission shall |
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| 20 | 20 | | complete the transition of the delivery of medical assistance under |
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| 21 | 21 | | a managed care delivery model to the fee-for-service model used to |
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| 22 | 22 | | deliver medical assistance before the implementation of managed |
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| 23 | 23 | | care delivery models, including before the implementation of the |
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| 24 | 24 | | changes in law relating to the delivery of medical assistance |
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| 25 | 25 | | benefits through a managed care delivery model under: |
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| 26 | 26 | | (1) Chapter 7 (S.B. 7), Acts of the 82nd Legislature, |
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| 27 | 27 | | 1st Called Session, 2011; and |
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| 28 | 28 | | (2) Chapter 1310 (S.B. 7), Acts of the 83rd |
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| 29 | 29 | | Legislature, Regular Session, 2013. |
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| 30 | 30 | | (c) The executive commissioner by rule shall adopt a |
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| 31 | 31 | | transition plan for purposes of implementing this section. |
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| 32 | 32 | | (d) Not later than November 1, 2020, the commission shall |
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| 33 | 33 | | submit a report to the governor, lieutenant governor, speaker of |
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| 34 | 34 | | the house of representatives, and the legislature regarding the |
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| 35 | 35 | | transition plan required by Subsection (c) and the implementation |
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| 36 | 36 | | of this section together with any recommendations regarding |
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| 37 | 37 | | required legislation. |
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| 38 | 38 | | (e) To the extent practicable considering the differences |
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| 39 | 39 | | between the fee-for-service and managed care delivery models for |
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| 40 | 40 | | delivering medical assistance, a provision of law requiring or |
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| 41 | 41 | | authorizing an action under the managed care delivery model shall |
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| 42 | 42 | | be construed as applying to the fee-for-service delivery model, and |
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| 43 | 43 | | the commission shall make or allow any modifications necessary for |
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| 44 | 44 | | that construction. |
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| 45 | 45 | | SECTION 2. Effective September 1, 2021, Chapters 533 and |
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| 46 | 46 | | 534, Government Code, are repealed. |
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| 47 | 47 | | SECTION 3. If before implementing any provision of this Act |
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| 48 | 48 | | a state agency determines that a waiver or authorization from a |
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| 49 | 49 | | federal agency is necessary for implementation of that provision, |
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| 50 | 50 | | the agency affected by the provision shall request the waiver or |
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| 51 | 51 | | authorization and may delay implementing that provision until the |
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| 52 | 52 | | waiver or authorization is granted. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2019. |
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