87R1123 KFF-F
By: Bernal H.B. No. 165
A BILL TO BE ENTITLED
AN ACT
relating to a supporting medically fragile children program for the
provision of certain necessary health care services to those
children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 32, Human Resources Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. SUPPORTING MEDICALLY FRAGILE CHILDREN PROGRAM
Sec. 32.301. DEFINITIONS. In this subchapter:
(1) "Program" means the supporting medically fragile
children program established under this subchapter.
(2) "Section 1915(c) waiver program" has the meaning
assigned by Section 531.001, Government Code.
(3) "STAR Kids managed care program" means the STAR
Kids managed care program operated under Section 533.00253,
Government Code.
Sec. 32.302. SUPPORTING MEDICALLY FRAGILE CHILDREN
PROGRAM. (a) The commission shall develop and implement a program
to provide financial assistance to eligible Medicaid recipients who
are in need of the assistance for purposes of receiving or
continuing necessary health care services that have been delayed or
denied under Medicaid, including care that has been denied pending
appeal. Financial assistance under the program must be provided in
the form of direct reimbursements to health care providers.
(b) In establishing the program, the commission shall:
(1) consult with appropriate stakeholders to
determine:
(A) application and eligibility requirements for
receiving financial assistance under the program; and
(B) how providers will be reimbursed with
financial assistance granted through the program; and
(2) designate a person within the commission to act as
an ombudsman for the program and as a point of contact for Medicaid
recipients, recipients' families, and health care providers.
Sec. 32.303. ELIGIBLE MEDICAID RECIPIENTS. To be eligible
for assistance under the program, a Medicaid recipient must be
receiving benefits under:
(1) a Section 1915(c) waiver program, including:
(A) the Medically Dependent Children Program
(MDCP);
(B) the Community Living Assistance and Support
Services (CLASS) waiver program;
(C) the Home and Community-based Services (HCS)
waiver program; and
(D) the Deaf-Blind with Multiple Disabilities
(DBMD) waiver program; or
(2) the STAR Kids managed care program.
Sec. 32.304. SUPPORTING MEDICALLY FRAGILE CHILDREN
ACCOUNT. (a) The supporting medically fragile children account is
an account in the general revenue fund.
(b) The account consists of:
(1) appropriations of money to the account by the
legislature;
(2) gifts, grants, including federal grants, and other
donations received under Section 32.305; and
(3) interest earned on the investment of money in the
account.
(c) Money in the account may be appropriated only to the
commission for purposes of the program.
(d) The account is exempt from the application of Section
404.071, Government Code.
Sec. 32.305. GIFTS, GRANTS, AND DONATIONS. The commission
may accept gifts, grants, and donations from any source that are
made for the purposes of the program. The commission shall deposit
money received under this section to the credit of the supporting
medically fragile children account.
Sec. 32.306. RULES. The executive commissioner shall adopt
rules necessary to implement this subchapter.
SECTION 2. 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 3. This Act takes effect September 1, 2021.