1 | 1 | | 87R9793 JG-D |
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2 | 2 | | By: Raymond H.B. No. 4194 |
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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 home health care services under the |
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8 | 8 | | Medicaid managed care program. |
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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. Chapter 533, Government Code, is amended by |
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11 | 11 | | adding Subchapter C to read as follows: |
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12 | 12 | | SUBCHAPTER C. HOME HEALTH CARE SERVICES |
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13 | 13 | | Sec. 533.071. HOME HEALTH CARE PROVIDER RATINGS AND |
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14 | 14 | | STANDARDS. (a) The commission in collaboration with each managed |
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15 | 15 | | care organization contracted under this chapter shall develop and |
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16 | 16 | | implement a home health care provider rating system to rate |
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17 | 17 | | providers and measure quality standards for the delivery of |
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18 | 18 | | long-term services and supports. |
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19 | 19 | | (b) The commission shall require not less than 85 percent of |
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20 | 20 | | home health care services to be processed using the electronic |
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21 | 21 | | visit verification system. |
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22 | 22 | | (c) The commission shall audit home health care providers |
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23 | 23 | | periodically using the rating system under Subsection (a) and to |
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24 | 24 | | ensure compliance with Subsection (b). |
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25 | 25 | | Sec. 533.072. HOME HEALTH PATIENT TRANSFER AND |
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26 | 26 | | SOLICITATION. (a) The commission shall require each managed care |
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27 | 27 | | organization to implement a 15-day waiting period before a home |
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28 | 28 | | health care attendant or employee or any recipient receiving |
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29 | 29 | | services from the attendant or employee may transfer between home |
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30 | 30 | | health care providers. |
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31 | 31 | | (b) A recipient may not transfer between home health care |
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32 | 32 | | providers unless the recipient provides a legitimate reason for the |
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33 | 33 | | transfer and the provider from which the recipient is requesting a |
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34 | 34 | | transfer holds a poor rating as determined by the rating system |
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35 | 35 | | under Section 533.071(a). |
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36 | 36 | | (c) The commission shall evaluate policies and rules in |
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37 | 37 | | place to prevent the solicitation of home health care attendants or |
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38 | 38 | | employees or recipients receiving services from those attendants or |
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39 | 39 | | employees and shall seek to strengthen those policies and rules. |
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40 | 40 | | Sec. 533.073. PAYMENTS FOR HOME HEALTH CARE CLAIMS. The |
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41 | 41 | | commission shall require each managed care organization contracted |
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42 | 42 | | under this chapter to pay claims for home health care services not |
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43 | 43 | | later than the 10th day after the date on which the organization |
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44 | 44 | | receives the claim. |
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45 | 45 | | Sec. 533.074. HOME HEALTH CARE ATTENDANT REQUIREMENTS. (a) |
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46 | 46 | | The commission shall develop minimum training requirements for home |
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47 | 47 | | health care attendants providing services under Medicaid. |
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48 | 48 | | (b) The commission shall develop a statewide no-hire list |
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49 | 49 | | for home health care attendants and include on the list the unique |
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50 | 50 | | identifier of an attendant who fails to meet the minimum training |
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51 | 51 | | requirements under Subsection (a). The no-hire list must be |
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52 | 52 | | accessible to managed care organizations contracted under this |
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53 | 53 | | chapter and home health care providers. |
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54 | 54 | | SECTION 2. If before implementing any provision of this Act |
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55 | 55 | | a state agency determines that a waiver or authorization from a |
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56 | 56 | | federal agency is necessary for implementation of that provision, |
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57 | 57 | | the agency affected by the provision shall request the waiver or |
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58 | 58 | | authorization and may delay implementing that provision until the |
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59 | 59 | | waiver or authorization is granted. |
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60 | 60 | | SECTION 3. This Act takes effect September 1, 2021. |
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