88R7617 JG-F By: Campos H.B. No. 2244 A BILL TO BE ENTITLED AN ACT relating to the establishment of a pilot project to provide supportive housing services through Medicaid to persons experiencing chronic homelessness. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle I, Title 4, Government Code, is amended by adding Chapter 542 to read as follows: CHAPTER 542. TEXAS PATHWAYS PILOT PROJECT Sec. 542.001. DEFINITION. In this chapter, "pilot project" means the Texas pathways pilot project established by the commission under this chapter. Sec. 542.002. CHRONIC HOMELESSNESS. (a) For purposes of this chapter, an individual or family is considered to be experiencing chronic homelessness if the individual or family: (1) is homeless and living or residing in a safe haven, emergency shelter, or place not meant for human habitation; (2) for a continuous year during the preceding year or on at least four separate occasions during the preceding three years, was homeless and lived or resided in a safe haven, emergency shelter, or place not meant for human habitation; and (3) is the head of household who has, or is a member of a household whose head of household has: (A) a diagnosed substance use disorder, serious mental illness, developmental disability, post-traumatic stress disorder, cognitive impairment resulting from a brain injury, or chronic illness or disability; or (B) the simultaneous occurrence of any two or more of the diagnosed conditions listed in Paragraph (A). (b) Notwithstanding Subsection (a)(1), an individual who lives or resides in an institutional care facility, including a jail, substance use or mental health treatment facility, hospital, or other similar facility, for a period of not more than 90 days is considered to be experiencing chronic homelessness if, before living or residing in the institutional care facility, the individual met the requirements of Subsection (a). Sec. 542.003. ESTABLISHMENT AND OPERATION OF PILOT PROJECT. (a) The commission shall establish and operate a statewide Texas pathways pilot project to provide to individuals experiencing chronic homelessness supportive housing services through Medicaid, including the following services: (1) behavioral health services, including mental health and substance use services; (2) case management services; (3) personal care and personal assistance services; (4) home and community-based services; and (5) other housing support services. (b) In establishing the pilot project, the commission shall consider and determine: (1) eligibility criteria for participation in the pilot project, including criteria on: (A) an individual's health conditions; (B) an individual's housing status; and (C) current or potential costs of providing supportive housing services to pilot project participants through Medicaid; (2) supportive housing services to be provided to pilot project participants, including: (A) outreach and engagement services; (B) housing search assistance; (C) education on tenants' rights and responsibilities; (D) eviction prevention services; (E) supportive housing service plans; (F) the coordination of supportive housing services with: (i) primary and health home care; (ii) substance use treatment; (iii) mental health treatment; (iv) vision and dental services; and (v) hospital and emergency room services; (G) crisis intervention and critical time intervention services; (H) education on independent living skills; and (I) services to link pilot project participants to education, job skills training, and employment opportunities; (3) financing and reinvestment strategies that account for: (A) the health care costs and housing status of Medicaid recipients; (B) the degree to which accurate and current information on the housing status of Medicaid recipients is available; (C) the health care costs of individuals receiving supportive housing services; (D) the health care costs of Medicaid recipients who receive Medicaid benefits from federal matching funds available under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148), as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152), if applicable; (E) the pilot project's potential impact on costs to other entities, such as jails, long-term care facilities, and treatment facilities; (F) affordable housing investments that can be leveraged to create new housing opportunities for pilot project participants; and (G) the amount of flexible service dollars available to cover pilot project costs not covered under Medicaid; and (4) the administration of benefits under the pilot project, including; (A) the role of managed care; (B) the role of supportive housing service providers; and (C) the coordination of the pilot project with existing and emerging health care systems. Sec. 542.004. REPORTS. (a) Not later than June 1, 2024, the commission shall prepare and submit to the governor, lieutenant governor, and speaker of the house of representatives a written report that includes: (1) a summary of the pilot project's progress; (2) an assessment of the impact of providing supportive housing services through Medicaid, including the costs to provide the services, to individuals experiencing chronic homelessness; (3) an update on any waiver or amendment request necessary to modify the state Medicaid plan to provide supportive housing services under the pilot project; (4) a description of the supportive housing services being provided to individuals experiencing chronic homelessness at the time the report is prepared; (5) an analysis of the effectiveness of providing supportive housing services at the level at which those services are provided at the time the report is prepared; (6) estimates of the costs and potential savings of expanding health programs administered by the commission to meet the needs of individuals experiencing chronic homelessness; (7) proposed modification to eligibility criteria for supportive housing services; and (8) any legislative recommendations. (b) Not later than September 1, 2026, the commission shall prepare and submit to the governor, lieutenant governor, and speaker of the house of representatives a final written report on the pilot project that includes: (1) a summary of the results of the pilot project; (2) a statement on the pilot project's success in providing supportive housing services to individuals experiencing chronic homelessness; (3) a recommendation as to whether the pilot project should be continued as a pilot project or permanent program; and (4) any legislative recommendations. Sec. 542.005. CONCLUSION; EXPIRATION. (a) The pilot project established under this chapter concludes September 1, 2025. (b) This chapter expires September 1, 2027. 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, 2023.