Texas 2023 - 88th Regular

Texas House Bill HB2401 Compare Versions

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1	1	By: Oliverson, Burrows, Jetton, Shaheen, H.B. No. 2401
2	2	Noble, et al.
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain contracting requirements under the Medicaid
8	8	managed care delivery model.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 533.003(a), Government Code, is amended
11	11	to read as follows:
12	12	(a) In awarding contracts to managed care organizations,
13	13	the commission shall:
14	14	(1) give preference to organizations that have
15	15	significant participation in the organization's provider network
16	16	from each health care provider in the region who has traditionally
17	17	provided care to Medicaid and charity care patients;
18	18	(2) give extra consideration to organizations that
19	19	agree to assure continuity of care for at least three months beyond
20	20	the period of Medicaid eligibility for recipients;
21	21	(3) consider the need to use different managed care
22	22	plans to meet the needs of different populations;
23	23	(4) consider the ability of organizations to process
24	24	Medicaid claims electronically; [and]
25	25	(5) in the initial implementation of managed care in
26	26	the South Texas service region, give extra consideration to an
27	27	organization that [either:
28	28	[(A)] is locally owned, managed, and operated, if
29	29	one exists; and
30	30	(6) consider the potential benefit to the Medicaid
31	31	managed care program implemented under this chapter that may be
32	32	derived from awarding a contract to provide health care services to
33	33	recipients in a service delivery area to an organization that is
34	34	licensed under Chapter 843, Insurance Code, and is:
35	35	(A) wholly owned and operated by a hospital
36	36	district in the service delivery area; or
37	37	(B) created by a nonprofit organization that has
38	38	a contract, agreement, or other arrangement with a hospital
39	39	district in that service delivery area or with a municipality in
40	40	that service delivery area that owns a hospital licensed under
41	41	Chapter 241, Health and Safety Code, and has an obligation to
42	42	provide health care to indigent patients [is in compliance with the
43	43	requirements of Section 533.004].
44	44	SECTION 2. Section 533.004, Government Code, is repealed.
45	45	SECTION 3. (a) Except as provided by Subsection (b) of this
46	46	section, the changes in law made by this Act apply only after the
47	47	next operational start date of the Health and Human Services
48	48	Commission's STAR and STAR+PLUS procurements. A procurement before
49	49	the next operational start date for the Health and Human Services
50	50	Commission's STAR and STAR+PLUS procurements is governed by the law
51	51	in effect before the effective date of this Act and the former law
52	52	is continued in effect for that purpose.
53	53	(b) The changes in law made by this Act apply to any STAR
54	54	Kids procurement on or after the effective date of this Act.
55	55	SECTION 4. If before implementing any provision of this Act
56	56	a state agency determines that a waiver or authorization from a
57	57	federal agency is necessary for implementation of that provision,
58	58	the agency affected by the provision shall request the waiver or
59	59	authorization and may delay implementing that provision until the
60	60	waiver or authorization is granted.
61	61	SECTION 5. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2023.