Texas 2021 - 87th Regular

Texas House Bill HB4194 Compare Versions

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11 87R9793 JG-D
22 By: Raymond H.B. No. 4194
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the provision of home health care services under the
88 Medicaid managed care program.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Chapter 533, Government Code, is amended by
1111 adding Subchapter C to read as follows:
1212 SUBCHAPTER C. HOME HEALTH CARE SERVICES
1313 Sec. 533.071. HOME HEALTH CARE PROVIDER RATINGS AND
1414 STANDARDS. (a) The commission in collaboration with each managed
1515 care organization contracted under this chapter shall develop and
1616 implement a home health care provider rating system to rate
1717 providers and measure quality standards for the delivery of
1818 long-term services and supports.
1919 (b) The commission shall require not less than 85 percent of
2020 home health care services to be processed using the electronic
2121 visit verification system.
2222 (c) The commission shall audit home health care providers
2323 periodically using the rating system under Subsection (a) and to
2424 ensure compliance with Subsection (b).
2525 Sec. 533.072. HOME HEALTH PATIENT TRANSFER AND
2626 SOLICITATION. (a) The commission shall require each managed care
2727 organization to implement a 15-day waiting period before a home
2828 health care attendant or employee or any recipient receiving
2929 services from the attendant or employee may transfer between home
3030 health care providers.
3131 (b) A recipient may not transfer between home health care
3232 providers unless the recipient provides a legitimate reason for the
3333 transfer and the provider from which the recipient is requesting a
3434 transfer holds a poor rating as determined by the rating system
3535 under Section 533.071(a).
3636 (c) The commission shall evaluate policies and rules in
3737 place to prevent the solicitation of home health care attendants or
3838 employees or recipients receiving services from those attendants or
3939 employees and shall seek to strengthen those policies and rules.
4040 Sec. 533.073. PAYMENTS FOR HOME HEALTH CARE CLAIMS. The
4141 commission shall require each managed care organization contracted
4242 under this chapter to pay claims for home health care services not
4343 later than the 10th day after the date on which the organization
4444 receives the claim.
4545 Sec. 533.074. HOME HEALTH CARE ATTENDANT REQUIREMENTS. (a)
4646 The commission shall develop minimum training requirements for home
4747 health care attendants providing services under Medicaid.
4848 (b) The commission shall develop a statewide no-hire list
4949 for home health care attendants and include on the list the unique
5050 identifier of an attendant who fails to meet the minimum training
5151 requirements under Subsection (a). The no-hire list must be
5252 accessible to managed care organizations contracted under this
5353 chapter and home health care providers.
5454 SECTION 2. If before implementing any provision of this Act
5555 a state agency determines that a waiver or authorization from a
5656 federal agency is necessary for implementation of that provision,
5757 the agency affected by the provision shall request the waiver or
5858 authorization and may delay implementing that provision until the
5959 waiver or authorization is granted.
6060 SECTION 3. This Act takes effect September 1, 2021.