Texas 2019 86th Regular

Texas Senate Bill SB1207 Comm Sub / Bill

Filed 05/14/2019

                    86R31958 LED-D
 By: Perry, et al. S.B. No. 1207
 (Krause, Parker, Leach, Davis of Harris)
 Substitute the following for S.B. No. 1207:  No.


 A BILL TO BE ENTITLED
 AN ACT
 relating to the operation and administration of Medicaid, including
 the Medicaid managed care program and the medically dependent
 children (MDCP) waiver program.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 531.001, Government Code, is amended by
 adding Subdivision (4-c) to read as follows:
 (4-c)  "Medicaid managed care organization" means a
 managed care organization as defined by Section 533.001 that
 contracts with the commission under Chapter 533 to provide health
 care services to Medicaid recipients.
 SECTION 2.  Section 531.02444, Government Code, is amended
 by amending Subsection (a) and adding Subsections (d) and (e) to
 read as follows:
 (a)  The executive commissioner shall develop and implement:
 (1)  a Medicaid buy-in program for persons with
 disabilities as authorized by the Ticket to Work and Work
 Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
 Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
 (2)  subject to Subsection (d) as authorized by the
 Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid
 buy-in program for children with disabilities that are [is]
 described by 42 U.S.C. Section 1396a(cc)(1) and whose family
 incomes do not exceed 300 percent of the applicable federal poverty
 level.
 (d)  The executive commissioner by rule shall increase the
 maximum family income prescribed by Subsection (a)(2) for
 determining eligibility of children with disabilities for the
 buy-in program under that subdivision to the maximum family income
 amount for which federal matching funds are available, considering
 available appropriations for that purpose.
 (e)  The commission shall, at the request of a child's
 legally authorized representative, conduct a disability
 determination assessment of the child to determine the child's
 eligibility for the buy-in program under Subsection (a)(2).  The
 commission shall directly conduct the disability determination
 assessment and may not contract with a Medicaid managed care
 organization or other entity to conduct the assessment.
 SECTION 3.  Subchapter B, Chapter 531, Government Code, is
 amended by adding Sections 531.024162, 531.024163, 531.024164,
 531.0601, 531.0602, and 531.06021 to read as follows:
 Sec. 531.024162.  NOTICE REQUIREMENTS REGARDING MEDICAID
 COVERAGE OR PRIOR AUTHORIZATION DENIAL AND INCOMPLETE REQUESTS.
 (a)  The commission shall ensure that notice sent by the commission
 or a Medicaid managed care organization to a Medicaid recipient or
 provider regarding the denial of coverage or prior authorization
 for a service includes:
 (1)  information required by federal and state law and
 applicable regulations;
 (2)  for the recipient, a clear and easy-to-understand
 explanation of the reason for the denial; and
 (3)  for the provider, a thorough and detailed clinical
 explanation of the reason for the denial, including, as applicable,
 information required under Subsection (b).
 (b)  The commission or a Medicaid managed care organization
 that receives from a provider a coverage or prior authorization
 request that contains insufficient or inadequate documentation to
 approve the request shall issue a notice to the provider and the
 Medicaid recipient on whose behalf the request was submitted.  The
 notice issued under this subsection must:
 (1)  include a section specifically for the provider
 that contains:
 (A)  a clear and specific list and description of
 the documentation necessary for the commission or organization to
 make a final determination on the request;
 (B)  the applicable timeline, based on the
 requested service, for the provider to submit the documentation and
 a description of the reconsideration process described by Section
 533.00284, if applicable; and
 (C)  information on the manner through which a
 provider may contact a Medicaid managed care organization or other
 entity as required by Section 531.024163; and
 (2)  be sent to the provider:
 (A)  using the provider's preferred method of
 contact most recently provided to the commission or the Medicaid
 managed care organization and using any alternative and known
 methods of contact; and
 (B)  as applicable, through an electronic
 notification on an Internet portal.
 Sec. 531.024163.  ACCESSIBILITY OF INFORMATION REGARDING
 MEDICAID PRIOR AUTHORIZATION REQUIREMENTS. (a) The executive
 commissioner by rule shall require each Medicaid managed care
 organization or other entity responsible for authorizing coverage
 for health care services under Medicaid to ensure that the
 organization or entity maintains on the organization's or entity's
 Internet website in an easily searchable and accessible format:
 (1)  the applicable timelines for prior authorization
 requirements, including:
 (A)  the time within which the organization or
 entity must make a determination on a prior authorization request;
 (B)  a description of the notice the organization
 or entity provides to a provider and Medicaid recipient on whose
 behalf the request was submitted regarding the documentation
 required to complete a determination on a prior authorization
 request; and
 (C)  the deadline by which the organization or
 entity is required to submit the notice described by Paragraph (B);
 and
 (2)  an accurate and up-to-date catalogue of coverage
 criteria and prior authorization requirements, including:
 (A)  for a prior authorization requirement first
 imposed on or after September 1, 2019, the effective date of the
 requirement;
 (B)  a list or description of any supporting or
 other documentation necessary to obtain prior authorization for a
 specified service; and
 (C)  the date and results of each review of the
 prior authorization requirement conducted under Section 533.00283,
 if applicable.
 (b)  The executive commissioner by rule shall require each
 Medicaid managed care organization or other entity responsible for
 authorizing coverage for health care services under Medicaid to:
 (1)  adopt and maintain a process for a provider or
 Medicaid recipient to contact the organization or entity to clarify
 prior authorization requirements or to assist the provider in
 submitting a prior authorization request; and
 (2)  ensure that the process described by Subdivision
 (1) is not arduous or overly burdensome to a provider or recipient.
 Sec. 531.024164.  EXTERNAL MEDICAL REVIEW. (a) In this
 section, "external medical reviewer" and "reviewer" mean a
 third-party medical review organization that provides objective,
 unbiased medical necessity determinations conducted by clinical
 staff with education and practice in the same or similar practice
 area as the procedure for which an independent determination of
 medical necessity is sought in accordance with applicable state law
 and rules.
 (b)  The commission shall contract with an independent
 external medical reviewer to conduct external medical reviews and
 review:
 (1)  the resolution of a Medicaid recipient appeal
 related to a reduction in or denial of services on the basis of
 medical necessity in the Medicaid managed care program; or
 (2)  a denial by the commission of eligibility for a
 Medicaid program in which eligibility is based on a Medicaid
 recipient's medical and functional needs.
 (c)  A Medicaid managed care organization may not have a
 financial relationship with or ownership interest in the external
 medical reviewer with which the commission contracts.
 (d)  The external medical reviewer with which the commission
 contracts must:
 (1)  be overseen by a medical director who is a
 physician licensed in this state; and
 (2)  employ or be able to consult with staff with
 experience in providing private duty nursing services and long-term
 services and supports.
 (e)  The commission shall establish a common procedure for
 reviews. Medical necessity under the procedure must be based on
 publicly available, up-to-date, evidence-based, and peer-reviewed
 clinical criteria. The reviewer shall conduct the review within a
 period specified by the commission. The commission shall also
 establish a procedure for expedited reviews that allows the
 reviewer to identify an appeal that requires an expedited
 resolution.
 (f)  An external medical review described by Subsection
 (b)(1) occurs after the internal Medicaid managed care organization
 appeal and before the Medicaid fair hearing and is granted when a
 Medicaid recipient contests the internal appeal decision of the
 Medicaid managed care organization. An external medical review
 described by Subsection (b)(2) occurs after the eligibility denial
 and before the Medicaid fair hearing. The Medicaid recipient or
 applicant, or the recipient's or applicant's parent or legally
 authorized representative, must affirmatively opt out of the
 external medical review to proceed to a Medicaid fair hearing
 without first participating in the external medical review.
 (g)  The external medical reviewer's determination of
 medical necessity establishes the minimum level of services a
 Medicaid recipient must receive, except that the level of services
 may not exceed the level identified as medically necessary by the
 ordering health care provider.
 (h)  The external medical reviewer shall require a Medicaid
 managed care organization, in an external medical review relating
 to a reduction in services, to submit a detailed reason for the
 reduction and supporting documents.
 Sec. 531.0601.  LONG-TERM CARE SERVICES WAIVER PROGRAM
 INTEREST LISTS.  (a)  This section applies only to a child who is
 enrolled in the medically dependent children (MDCP) waiver program
 but becomes ineligible for services under the program because the
 child no longer meets:
 (1)  the level of care criteria for medical necessity
 for nursing facility care; or
 (2)  the age requirement for the program.
 (b)  A legally authorized representative of a child who is
 notified by the commission that the child is no longer eligible for
 the medically dependent children (MDCP) waiver program following a
 Medicaid fair hearing, or without a Medicaid fair hearing if the
 representative opted in writing to forego the hearing, may request
 that the commission:
 (1)  return the child to the interest list for the
 program unless the child is ineligible due to the child's age; or
 (2)  place the child on the interest list for another
 Section 1915(c) waiver program.
 (c)  At the time a child's legally authorized representative
 makes a request under Subsection (b), the commission shall:
 (1)  for a child who becomes ineligible for the reason
 described by Subsection (a)(1), place the child:
 (A)  on the interest list for the medically
 dependent children (MDCP) waiver program in the first position on
 the list; or
 (B)  except as provided by Subdivision (3), on the
 interest list for another Section 1915(c) waiver program in a
 position relative to other persons on the list that is based on the
 date the child was initially placed on the interest list for the
 medically dependent children (MDCP) waiver program;
 (2)  except as provided by Subdivision (3), for a child
 who becomes ineligible for the reason described by Subsection
 (a)(2), place the child on the interest list for another Section
 1915(c) waiver program in a position relative to other persons on
 the list that is based on the date the child was initially placed on
 the interest list for the medically dependent children (MDCP)
 waiver program; or
 (3)  for a child who becomes ineligible for a reason
 described by Subsection (a) and who is already on an interest list
 for another Section 1915(c) waiver program, move the child to a
 position on the interest list relative to other persons on the list
 that is based on the date the child was initially placed on the
 interest list for the medically dependent children (MDCP) waiver
 program, if that date is earlier than the date the child was
 initially placed on the interest list for the other waiver program.
 (d)  At the time the commission provides notice to a legally
 authorized representative that a child is no longer eligible for
 the medically dependent children (MDCP) waiver program following a
 Medicaid fair hearing, or without a Medicaid fair hearing if the
 representative opted in writing to forego the hearing, the
 commission shall inform the representative in writing about the
 options under this section for placing the child on an interest
 list.
 Sec. 531.0602.  MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER
 PROGRAM REASSESSMENTS.  (a)  The commission shall ensure that the
 care coordinator for a Medicaid managed care organization under the
 STAR Kids managed care program provides the results of the annual
 medical necessity determination reassessment to the parent or
 legally authorized representative of a recipient receiving
 benefits under the medically dependent children (MDCP) waiver
 program for review.  The commission shall ensure the provision of
 the results does not delay the determination of the services to be
 provided to the recipient or the ability to authorize and initiate
 services.
 (b)  The commission shall require the parent's or
 representative's signature to verify the parent or representative
 received the results of the reassessment from the care coordinator
 under Subsection (a).  A Medicaid managed care organization may not
 delay the delivery of care pending the signature.
 (c)  The commission shall provide a parent or representative
 who disagrees with the results of the reassessment an opportunity
 to dispute the reassessment with the Medicaid managed care
 organization through a peer-to-peer review with the treating
 physician of choice.
 (d)  This section does not affect any rights of a recipient
 to appeal a reassessment determination through the Medicaid managed
 care organization's internal appeal process or through the Medicaid
 fair hearing process.
 Sec. 531.06021.  MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER
 PROGRAM QUALITY MONITORING; REPORT.  (a)  The commission, through
 the state's external quality review organization, shall:
 (1)  conduct annual surveys of Medicaid recipients
 receiving benefits under the medically dependent children (MDCP)
 waiver program, or their representatives, using the Consumer
 Assessment of Healthcare Providers and Systems;
 (2)  conduct annual focus groups with recipients
 described by Subdivision (1) or their representatives on issues
 identified through:
 (A)  the Consumer Assessment of Healthcare
 Providers and Systems;
 (B)  other external quality review organization
 activities; or
 (C)  stakeholders, including the STAR Kids
 Managed Care Advisory Committee described by Section 533.00254; and
 (3)  as frequently as feasible but not less frequently
 than annually, calculate Medicaid managed care organizations'
 performance on performance measures using available data sources
 such as the STAR Kids Screening and Assessment Instrument or the
 National Committee for Quality Assurance's Healthcare
 Effectiveness Data and Information Set (HEDIS) measures.
 (b)  Not later than the 30th day after the last day of each
 state fiscal quarter, the commission shall submit to the governor,
 the lieutenant governor, the speaker of the house of
 representatives, the Legislative Budget Board, and each standing
 legislative committee with primary jurisdiction over Medicaid a
 report containing, for the most recent state fiscal quarter, the
 following information and data related to access to care for
 Medicaid recipients receiving benefits under the medically
 dependent children (MDCP) waiver program:
 (1)  enrollment in the Medicaid buy-in for children
 program implemented under Section 531.02444;
 (2)  requests relating to interest list placements
 under Section 531.0601;
 (3)  use of the Medicaid escalation help line
 established under Section 533.00253;
 (4)  use, requests to opt out, and outcomes of the
 external medical review procedure established under Section
 531.024164; and
 (5)  complaints relating to the medically dependent
 children (MDCP) waiver program, categorized by disposition.
 SECTION 4.  Section 533.00253(a)(1), Government Code, is
 amended to read as follows:
 (1)  "Advisory committee" means the STAR Kids Managed
 Care Advisory Committee described by [established under] Section
 533.00254.
 SECTION 5.  Section 533.00253, Government Code, is amended
 by adding Subsections (c-1), (c-2), (f), (g), and (h) to read as
 follows:
 (c-1)  To improve the care needs assessment tool used for
 purposes of a care needs assessment provided as a component of care
 management services and to improve the initial assessment and
 reassessment processes, the commission in consultation and
 collaboration with the advisory committee shall consider changes
 that will:
 (1)  reduce the amount of time needed to complete the
 care needs assessment initially and at reassessment; and
 (2)  improve training and consistency in the completion
 of the care needs assessment using the tool and in the initial
 assessment and reassessment processes across different Medicaid
 managed care organizations and different service coordinators
 within the same Medicaid managed care organization.
 (c-2)  To the extent feasible and allowed by federal law, the
 commission shall streamline the STAR Kids managed care program
 annual care needs reassessment process for a child who has not had a
 significant change in function that may affect medical necessity.
 (f)  The commission shall operate a Medicaid escalation help
 line through which Medicaid recipients receiving benefits under the
 medically dependent children (MDCP) waiver program and their
 legally authorized representatives, parents, guardians, or other
 representatives have access to assistance.  The escalation help
 line must be:
 (1)  dedicated to assisting families of Medicaid
 recipients receiving benefits under the medically dependent
 children (MDCP) waiver program in navigating and resolving issues
 related to the STAR Kids managed care program; and
 (2)  operational at all times, including evenings,
 weekends, and holidays.
 (g)  The commission shall ensure staff operating the
 Medicaid escalation help line:
 (1)  return a telephone call not later than two hours
 after receiving the call during standard business hours; and
 (2)  return a telephone call not later than four hours
 after receiving the call during evenings, weekends, and holidays.
 (h)  The commission shall require a Medicaid managed care
 organization participating in the STAR Kids managed care program
 to:
 (1)  designate an individual as a single point of
 contact for the Medicaid escalation help line; and
 (2)  authorize that individual to take action to
 resolve escalated issues.
 SECTION 6.  Subchapter A, Chapter 533, Government Code, is
 amended by adding Sections 533.00254, 533.00282, 533.00283,
 533.00284, and 533.038 to read as follows:
 Sec. 533.00254.  STAR KIDS MANAGED CARE ADVISORY COMMITTEE.
 (a)  The STAR Kids Managed Care Advisory Committee established by
 the executive commissioner under Section 531.012 shall:
 (1)  advise the commission on the operation of the STAR
 Kids managed care program under Section 533.00253; and
 (2)  make recommendations for improvements to that
 program.
 (b)  On September 1, 2023:
 (1)  the advisory committee is abolished; and
 (2)  this section expires.
 Sec. 533.00282.  UTILIZATION REVIEW AND PRIOR AUTHORIZATION
 PROCEDURES.  (a)  Section 4201.304(a)(2), Insurance Code, does not
 apply to a Medicaid managed care organization or a utilization
 review agent who conducts utilization reviews for a Medicaid
 managed care organization.
 (b)  In addition to the requirements of Section 533.005, a
 contract between a Medicaid managed care organization and the
 commission must require that:
 (1)  before issuing an adverse determination on a prior
 authorization request, the organization provide the physician
 requesting the prior authorization with a reasonable opportunity to
 discuss the request with another physician who practices in the
 same or a similar specialty, but not necessarily the same
 subspecialty, and has experience in treating the same category of
 population as the recipient on whose behalf the request is
 submitted; and
 (2)  the organization review and issue determinations
 on prior authorization requests with respect to a recipient who is
 not hospitalized at the time of the request according to the
 following time frames:
 (A)  within three business days after receiving
 the request; or
 (B)  within the time frame and following the
 process established by the commission if the organization receives
 a request for prior authorization that does not include sufficient
 or adequate documentation.
 (c)  The commission shall establish a process consistent
 with 42 C.F.R. Section 438.210 for use by a Medicaid managed care
 organization that receives a prior authorization request, with
 respect to a recipient who is not hospitalized at the time of the
 request, that does not include sufficient or adequate
 documentation.  The process must provide a time frame within which a
 provider may submit the necessary documentation.
 Sec. 533.00283.  ANNUAL REVIEW OF PRIOR AUTHORIZATION
 REQUIREMENTS. (a) Each Medicaid managed care organization shall
 develop and implement a process to conduct an annual review of the
 organization's prior authorization requirements, other than a
 prior authorization requirement prescribed by or implemented under
 Section 531.073 for the vendor drug program. In conducting a
 review, the organization must:
 (1)  solicit, receive, and consider input from
 providers in the organization's provider network; and
 (2)  ensure that each prior authorization requirement
 is based on accurate, up-to-date, evidence-based, and
 peer-reviewed clinical criteria that distinguish, as appropriate,
 between categories, including age, of recipients for whom prior
 authorization requests are submitted.
 (b)  A Medicaid managed care organization may not impose a
 prior authorization requirement, other than a prior authorization
 requirement prescribed by or implemented under Section 531.073 for
 the vendor drug program, unless the organization has reviewed the
 requirement during the most recent annual review required under
 this section.
 Sec. 533.00284.  RECONSIDERATION FOLLOWING ADVERSE
 DETERMINATIONS ON CERTAIN PRIOR AUTHORIZATION REQUESTS. (a) In
 addition to the requirements of Section 533.005, a contract between
 a Medicaid managed care organization and the commission must
 include a requirement that the organization establish a process for
 reconsidering an adverse determination on a prior authorization
 request that resulted solely from the submission of insufficient or
 inadequate documentation.
 (b)  The process for reconsidering an adverse determination
 on a prior authorization request under this section must:
 (1)  allow a provider to, not later than the seventh
 business day following the date of the determination, submit any
 documentation that was identified as insufficient or inadequate in
 the notice provided under Section 531.024162;
 (2)  allow the provider requesting the prior
 authorization to discuss the request with another provider who
 practices in the same or a similar specialty, but not necessarily
 the same subspecialty, and has experience in treating the same
 category of population as the recipient on whose behalf the request
 is submitted;
 (3)  require the Medicaid managed care organization to,
 not later than the first business day following the date the
 provider submits sufficient and adequate documentation under
 Subdivision (1), amend the determination on the prior authorization
 request as necessary, considering the additional documentation;
 and
 (4)  comply with 42 C.F.R. Section 438.210.
 (c)  An adverse determination on a prior authorization
 request is considered a denial of services in an evaluation of the
 Medicaid managed care organization only if the determination is not
 amended under Subsection (b)(3) to approve the request.
 (d)  The process for reconsidering an adverse determination
 on a prior authorization request under this section does not
 affect:
 (1)  any related timelines, including the timeline for
 an internal appeal, a Medicaid fair hearing, or a review conducted
 by an independent review organization; or
 (2)  any rights of a recipient to appeal a
 determination on a prior authorization request.
 Sec. 533.038.  COORDINATION OF BENEFITS. (a)  In this
 section, "Medicaid wrap-around benefit" means a Medicaid-covered
 service, including a pharmacy or medical benefit, that is provided
 to a recipient with both Medicaid and primary health benefit plan
 coverage when the recipient has exceeded the primary health benefit
 plan coverage limit or when the service is not covered by the
 primary health benefit plan issuer.
 (b)  The commission, in coordination with Medicaid managed
 care organizations, shall develop and adopt a clear policy for a
 Medicaid managed care organization to ensure the coordination and
 timely delivery of Medicaid wrap-around benefits for recipients
 with both primary health benefit plan coverage and Medicaid
 coverage.  In developing the policy, the commission shall consider
 requiring a Medicaid managed care organization to allow,
 notwithstanding Sections 531.073 and 533.005(a)(23) or any other
 law, a recipient using a prescription drug for which the
 recipient's primary health benefit plan issuer previously provided
 coverage to continue receiving the prescription drug without
 requiring additional prior authorization.
 (c)  To further assist with the coordination of benefits and
 to the extent allowed under federal requirements for third-party
 liability, the commission, in coordination with Medicaid managed
 care organizations, shall develop and maintain a list of services
 that are not traditionally covered by primary health benefit plan
 coverage that a Medicaid managed care organization may approve
 without having to coordinate with the primary health benefit plan
 issuer and that can be resolved through third-party liability
 resolution processes.  The commission shall periodically review and
 update the list.
 (d)  A Medicaid managed care organization that in good faith
 and following commission policies provides coverage for a Medicaid
 wrap-around benefit shall include the cost of providing the benefit
 in the organization's financial reports.  The commission shall
 include the reported costs in computing capitation rates for the
 managed care organization.
 (e)  If the commission determines that a recipient's primary
 health benefit plan issuer should have been the primary payor of a
 claim, the Medicaid managed care organization that paid the claim
 shall work with the commission on the recovery process and make
 every attempt to reduce health care provider and recipient
 abrasion.
 (f)  The executive commissioner may seek a waiver from the
 federal government as needed to:
 (1)  address federal policies related to coordination
 of benefits and third-party liability; and
 (2)  maximize federal financial participation for
 recipients with both primary health benefit plan coverage and
 Medicaid coverage.
 (g)  The commission may include in the Medicaid managed care
 eligibility files an indication of whether a recipient has primary
 health benefit plan coverage or is enrolled in a group health
 benefit plan for which the commission provides premium assistance
 under the health insurance premium payment program. For recipients
 with that coverage or for whom that premium assistance is provided,
 the files may include the following up-to-date, accurate
 information related to primary health benefit plan coverage to the
 extent the information is available to the commission:
 (1)  the health benefit plan issuer's name and address
 and the recipient's policy number;
 (2)  the primary health benefit plan coverage start and
 end dates; and
 (3)  the primary health benefit plan coverage benefits,
 limits, copayment, and coinsurance information.
 (h)  To the extent allowed by federal law, the commission
 shall maintain processes and policies to allow a health care
 provider who is primarily providing services to a recipient through
 primary health benefit plan coverage to receive Medicaid
 reimbursement for services ordered, referred, or prescribed,
 regardless of whether the provider is enrolled as a Medicaid
 provider. The commission shall allow a provider who is not enrolled
 as a Medicaid provider to order, refer, or prescribe services to a
 recipient based on the provider's national provider identifier
 number and may not require an additional state provider identifier
 number to receive reimbursement for the services. The commission
 may seek a waiver of Medicaid provider enrollment requirements for
 providers of recipients with primary health benefit plan coverage
 to implement this subsection.
 (i)  The commission shall develop a clear and easy process,
 to be implemented through a contract, that allows a recipient with
 complex medical needs who has established a relationship with a
 specialty provider to continue receiving care from that provider.
 SECTION 7.  (a) Section 531.02444(e), Government Code, as
 added by this Act, applies to a request for a disability
 determination assessment to determine eligibility for the Medicaid
 buy-in for children program made on or after the effective date of
 this Act.
 (b)  Section 531.0601, Government Code, as added by this Act,
 applies only to a child who becomes ineligible for the medically
 dependent children (MDCP) waiver program on or after December 1,
 2019.
 (c)  Section 531.0602, Government Code, as added by this Act,
 applies only to a reassessment of a child's eligibility for the
 medically dependent children (MDCP) waiver program made on or after
 December 1, 2019.
 (d)  Notwithstanding Section 531.06021, Government Code, as
 added by this Act, the Health and Human Services Commission shall
 submit the first report required by that section not later than
 September 30, 2020, for the state fiscal quarter ending August 31,
 2020.
 (e)  Not later than March 1, 2020, the Health and Human
 Services Commission shall:
 (1)  develop a plan to improve the care needs
 assessment tool and the initial assessment and reassessment
 processes as required by Sections 533.00253(c-1) and (c-2),
 Government Code, as added by this Act; and
 (2)  post the plan on the commission's Internet
 website.
 (f)  Sections 533.00282 and 533.00284, Government Code, as
 added by this Act, apply only to a contract between the Health and
 Human Services Commission and a Medicaid managed care organization
 under Chapter 533, Government Code, that is entered into or renewed
 on or after the effective date of this Act.
 (g)  The Health and Human Services Commission shall seek to
 amend contracts entered into with Medicaid managed care
 organizations under Chapter 533, Government Code, before the
 effective date of this Act to include the provisions required by
 Sections 533.00282 and 533.00284, Government Code, as added by this
 Act.
 SECTION 8.  As soon as practicable after the effective date
 of this Act, the executive commissioner of the Health and Human
 Services Commission shall adopt rules necessary to implement the
 changes in law made by this Act.
 SECTION 9.  If before implementing any provision of this Act
 a state agency determines that a waiver or authorization from a
 federal agency is necessary for implementation of that provision,
 the agency affected by the provision shall request the waiver or
 authorization and may delay implementing that provision until the
 waiver or authorization is granted.
 SECTION 10.  The Health and Human Services Commission is
 required to implement a provision of this Act only if the
 legislature appropriates money specifically for that purpose. If
 the legislature does not appropriate money specifically for that
 purpose, the commission may, but is not required to, implement a
 provision of this Act using other appropriations available for that
 purpose.
 SECTION 11.  This Act takes effect September 1, 2019.