Texas 2019 - 86th Regular

Texas Senate Bill SB1093 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5769 KKR-D
2	2	By: Perry S.B. No. 1093
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility of children and prioritization of
8	8	persons on waiting lists for certain Medicaid long-term care
9	9	services waiver programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 531, Government Code, is
12	12	amended by adding Sections 531.0601 and 531.0602 to read as
13	13	follows:
14	14	Sec. 531.0601. LONG-TERM CARE SERVICES WAIVER PROGRAM
15	15	INTEREST LISTS. (a) This section applies only to a child who
16	16	becomes ineligible for services under the medically dependent
17	17	children (MDCP) waiver program because the child no longer meets:
18	18	(1) the level of care criteria for medical necessity
19	19	for nursing facility care; or
20	20	(2) the age requirement for the program.
21	21	(b) A legally authorized representative of a child who is
22	22	notified by the commission that the child is no longer eligible for
23	23	the medically dependent children (MDCP) waiver program may request
24	24	that the commission:
25	25	(1) return the child to the interest list for the
26	26	program unless the child is ineligible due to the child's age; or
27	27	(2) place the child on the interest list for another
28	28	Section 1915(c) waiver program.
29	29	(c) At the time a child's legally authorized representative
30	30	makes a request under Subsection (b), the commission shall:
31	31	(1) for a child who becomes ineligible for the reason
32	32	described by Subsection (a)(1), place the child:
33	33	(A) on the interest list for the medically
34	34	dependent children (MDCP) waiver program in the first position on
35	35	the list; or
36	36	(B) except as provided by Subdivision (3), on the
37	37	interest list for another Section 1915(c) waiver program in a
38	38	position relative to other persons on the list that is based on the
39	39	date the child was initially placed on the interest list for the
40	40	medically dependent children (MDCP) waiver program;
41	41	(2) except as provided by Subdivision (3), for a child
42	42	who becomes ineligible for the reason described by Subsection
43	43	(a)(2), place the child on the interest list for another Section
44	44	1915(c) waiver program in a position relative to other persons on
45	45	the list that is based on the date the child was initially placed on
46	46	the interest list for the medically dependent children (MDCP)
47	47	waiver program; or
48	48	(3) for a child who becomes ineligible for a reason
49	49	described by Subsection (a) and who is already on an interest list
50	50	for another Section 1915(c) waiver program, move the child to a
51	51	position on the interest list relative to other persons on the list
52	52	that is based on the date the child was initially placed on the
53	53	interest list for the medically dependent children (MDCP) waiver
54	54	program, if that date is earlier than the date the child was
55	55	initially placed on the interest list for the other waiver program.
56	56	(d) At the time the commission provides notice to a legally
57	57	authorized representative that a child is no longer eligible for
58	58	the medically dependent children (MDCP) waiver program, the
59	59	commission shall inform the representative in writing about the
60	60	options under this section for placing the child on an interest
61	61	list.
62	62	Sec. 531.0602. MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER
63	63	PROGRAM REASSESSMENTS. (a) To the extent allowed by federal law,
64	64	the commission shall require that a child participating in the
65	65	medically dependent children (MDCP) waiver program be reassessed to
66	66	determine whether the child meets the level of care criteria for
67	67	medical necessity for nursing facility care only if the child has a
68	68	significant change in function that may affect the medical
69	69	necessity for that level of care instead of requiring that the
70	70	reassessment be made annually.
71	71	(b) If federal law requires that a reassessment of a child
72	72	participating in the medically dependent children (MDCP) waiver
73	73	program to determine whether the child meets the level of care
74	74	criteria for medical necessity for nursing facility care be made
75	75	annually, the commission shall allow the reassessment to be made on
76	76	an expedited basis.
77	77	SECTION 2. As soon as possible after the effective date of
78	78	this Act, the Health and Human Services Commission shall identify
79	79	each child who became ineligible for services under the medically
80	80	dependent children (MDCP) waiver program on or after July 1, 2016,
81	81	and before January 1, 2019, based on the child's level of care
82	82	assessment. The commission shall, on request of the parent or
83	83	legally authorized representative of an identified child, reassess
84	84	the child to determine whether the child meets the level of care
85	85	criteria for medical necessity for nursing facility care required
86	86	to participate in the medically dependent children (MDCP) waiver
87	87	program.
88	88	SECTION 3. Not later than December 1, 2019, the executive
89	89	commissioner of the Health and Human Services Commission shall
90	90	adopt rules necessary to implement Sections 531.0601 and 531.0602,
91	91	Government Code, as added by this Act.
92	92	SECTION 4. Section 531.0601, Government Code, as added by
93	93	this Act, applies only to a child who becomes ineligible for the
94	94	medically dependent children (MDCP) waiver program on or after
95	95	December 1, 2019.
96	96	SECTION 5. Section 531.0602, Government Code, as added by
97	97	this Act, applies only to a reassessment of a child's eligibility
98	98	for the medically dependent children (MDCP) waiver program made on
99	99	or after December 1, 2019.
100	100	SECTION 6. If before implementing any provision of this Act
101	101	a state agency determines that a waiver or authorization from a
102	102	federal agency is necessary for implementation of that provision,
103	103	the agency affected by the provision shall request the waiver or
104	104	authorization and may delay implementing that provision until the
105	105	waiver or authorization is granted.
106	106	SECTION 7. This Act takes effect September 1, 2019.