Texas 2023 - 88th Regular

Texas House Bill HB1798 Compare Versions

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1	1	88R24873 SCP-F
2	2	By: Howard, Stucky, Klick, H.B. No. 1798
3	3	Morales of Maverick
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the development of a strategic plan for home and
9	9	community-based services provided under Medicaid and the child
10	10	health plan program and the establishment of an advisory committee
11	11	on home and community-based services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 531, Government Code, is amended by
14	14	adding Subchapter T to read as follows:
15	15	SUBCHAPTER T. HOME AND COMMUNITY-BASED SERVICES
16	16	Sec. 531.801. DEFINITIONS. In this subchapter:
17	17	(1) "Home and community-based services" means
18	18	person-centered care that addresses the needs of an individual with
19	19	functional limitations who needs assistance with daily living, is
20	20	delivered to the individual in the individual's home or community,
21	21	and enables the individual to remain in the individual's home or
22	22	community, including:
23	23	(A) acute care and long-term services and
24	24	supports;
25	25	(B) services and supports for an individual's
26	26	physical, emotional, mental, social, and vocational needs; and
27	27	(C) any other services necessary to enable an
28	28	individual to remain in the individual's home or community.
29	29	(2) "Home and community support services agency" means
30	30	a person licensed under Chapter 142, Health and Safety Code, who
31	31	provides for pay or other consideration home health, hospice, or
32	32	personal assistance services as those terms are defined by Section
33	33	142.001, Health and Safety Code, in a client's residence, an
34	34	independent living environment, or another appropriate location.
35	35	Sec. 531.802. STRATEGIC PLAN; REPORT. (a) The commission
36	36	shall develop and, subject to Subsection (c), implement a strategic
37	37	plan to ensure that Medicaid recipients and child health plan
38	38	program enrollees in this state have access to home and
39	39	community-based services provided by a home and community support
40	40	services agency.
41	41	(b) The strategic plan must include:
42	42	(1) a proposal for developing a viable rate
43	43	methodology for each home and community-based service provided by a
44	44	home and community support services agency that will ensure access
45	45	to the service;
46	46	(2) an assessment of the unmet needs for home and
47	47	community-based services of Medicaid recipients and child health
48	48	plan program enrollees;
49	49	(3) access to care standards for services provided by
50	50	a home and community support services agency specific to each home
51	51	and community-based services program under Medicaid and the child
52	52	health plan program, which may include standards based on:
53	53	(A) the amount of delivered units of service as a
54	54	percentage of authorized units of service;
55	55	(B) the number of in-network home and community
56	56	support services agencies;
57	57	(C) the types of services provided;
58	58	(D) the geographic areas served;
59	59	(E) vacancy rates; and
60	60	(F) the capacity to provide services;
61	61	(4) an assessment of the potential costs, including
62	62	costs to the state, associated with the lack of adequate access to
63	63	home and community-based services in this state, including an
64	64	analysis of:
65	65	(A) any projected long-term savings from
66	66	providing timely access to home and community-based services;
67	67	(B) the costs associated with providing services
68	68	in an institutional or hospital setting, as compared to providing
69	69	services in a home or community-based setting; and
70	70	(C) the potential immediate and long-term costs
71	71	associated with a lack of access to services in a timely manner; and
72	72	(5) set dates for achieving the goals identified in
73	73	the strategic plan.
74	74	(b-1) Not later than January 1, 2024, the commission shall
75	75	submit the strategic plan developed under Subsection (b) to the
76	76	Legislative Budget Board for approval. The board must review and
77	77	provide the commission with comments on the plan before determining
78	78	whether to approve the plan. This subsection expires September 1,
79	79	2025.
80	80	(c) The commission may not implement the proposal described
81	81	by Subsection (b)(1) until the Legislative Budget Board approves
82	82	the strategic plan.
83	83	(d) Not later than November 1 of each even-numbered year,
84	84	the commission shall submit a report on the commission's
85	85	development and implementation of the strategic plan to:
86	86	(1) the legislature;
87	87	(2) the governor; and
88	88	(3) the Legislative Budget Board.
89	89	Sec. 531.803. ADVISORY COMMITTEE. (a) In this section,
90	90	"advisory committee" means the home and community-based services
91	91	advisory committee established under this section.
92	92	(b) The commission shall establish the home and
93	93	community-based services advisory committee as an advisory
94	94	committee or a subcommittee of the medical care advisory committee
95	95	established under Section 32.022, Human Resources Code, to:
96	96	(1) advise the commission on:
97	97	(A) developing a viable long-term payment
98	98	methodology for services provided by home and community support
99	99	services agencies; and
100	100	(B) addressing issues relating to home and
101	101	community-based services;
102	102	(2) develop a sustainable strategy to support home and
103	103	community-based services;
104	104	(3) make recommendations for cost savings in program
105	105	areas, including:
106	106	(A) program integrity;
107	107	(B) reductions in hospitalizations;
108	108	(C) prior authorization of services; and
109	109	(D) care coordination efforts; and
110	110	(4) review and offer comments on the strategic plan
111	111	described by Section 531.802.
112	112	(c) The advisory committee is composed of the following
113	113	members appointed by the executive commissioner:
114	114	(1) one member who is an ex officio nonvoting
115	115	representative of the commission; and
116	116	(2) an odd number, not to exceed 15, of voting members
117	117	who are:
118	118	(A) representatives of:
119	119	(i) at least one association representing
120	120	managed care organizations;
121	121	(ii) at least one association representing
122	122	home and community support services agencies;
123	123	(iii) at least two associations or
124	124	coalitions representing Medicaid recipients who receive home and
125	125	community-based services in this state;
126	126	(iv) at least one rural home and community
127	127	support services agency providing services to Medicaid recipients
128	128	who receive home and community-based services;
129	129	(v) at least one statewide home and
130	130	community support services agency providing services to Medicaid
131	131	recipients who receive home and community-based services; and
132	132	(vi) another discipline involving
133	133	expertise in financing Medicaid home and community-based services;
134	134	(B) at least one person who is the parent of and
135	135	caregiver to a child who receives home and community-based services
136	136	as a Medicaid recipient or child health plan program enrollee;
137	137	(C) at least one person who is a recipient of home
138	138	and community-based services under Medicaid;
139	139	(D) at least one person who provides financial
140	140	management services; and
141	141	(E) at least one person who provides electronic
142	142	visit verification services.
143	143	(d) A member of the advisory committee serves without
144	144	compensation.
145	145	(e) The advisory committee is abolished and this section
146	146	expires September 1, 2027.
147	147	SECTION 2. As soon as practicable after the effective date
148	148	of this Act, the executive commissioner of the Health and Human
149	149	Services Commission shall appoint the members of the home and
150	150	community-based services advisory committee established under
151	151	Subchapter T, Chapter 531, Government Code, as added by this Act.
152	152	SECTION 3. This Act takes effect September 1, 2023.