1 | 1 | | 88R8857 EAS-D |
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2 | 2 | | By: Howard H.B. No. 3515 |
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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 establishment and operation of an interdisciplinary |
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8 | 8 | | group to review services provided by home and community support |
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9 | 9 | | services agencies. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 142, Health and Safety Code, is amended |
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12 | 12 | | by adding Subchapter D to read as follows: |
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13 | 13 | | SUBCHAPTER D. INTERDISCIPLINARY GROUP MEETINGS |
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14 | 14 | | Sec. 142.101. DEFINITION. In this subchapter, |
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15 | 15 | | "interdisciplinary group" and "group" mean a group that meets on |
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16 | 16 | | the request of a home and community support services agency when |
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17 | 17 | | that agency identifies a need to discuss service delivery issues or |
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18 | 18 | | barriers to service delivery for a client served by the agency. |
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19 | 19 | | Sec. 142.102. MEMBERS OF INTERDISCIPLINARY GROUP. An |
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20 | 20 | | interdisciplinary group must include the following members: |
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21 | 21 | | (1) the client who is the subject of the |
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22 | 22 | | interdisciplinary group discussion, the client's representative, |
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23 | 23 | | or both the client and the client's representative; |
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24 | 24 | | (2) a representative of the home and community support |
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25 | 25 | | services agency that requested the interdisciplinary group |
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26 | 26 | | meeting; and |
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27 | 27 | | (3) a commission representative, who must be: |
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28 | 28 | | (A) a case worker or the case worker's designee; |
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29 | 29 | | (B) the applicable contract manager or contract |
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30 | 30 | | manager's designee; or |
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31 | 31 | | (C) the applicable regional nurse or nurse's |
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32 | 32 | | designee. |
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33 | 33 | | Sec. 142.103. INTERDISCIPLINARY GROUP MEETING REQUEST AND |
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34 | 34 | | SUSPENSION OF CLIENT SERVICES. (a) A home and community support |
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35 | 35 | | services agency may submit a request to the commission, in the form |
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36 | 36 | | and manner prescribed by the commission, for an interdisciplinary |
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37 | 37 | | group meeting for a client served by the agency. |
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38 | 38 | | (b) The commission must respond to a home and community |
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39 | 39 | | support services agency's request for an interdisciplinary group |
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40 | 40 | | meeting not later than 48 hours after the request is received by the |
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41 | 41 | | commission. |
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42 | 42 | | (c) Except as otherwise provided by this subsection, a home |
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43 | 43 | | and community support services agency may suspend the provision of |
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44 | 44 | | services to a client until a requested interdisciplinary group |
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45 | 45 | | meeting for that client is conducted and the group makes a final |
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46 | 46 | | determination regarding the provision of care to the client. This |
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47 | 47 | | subsection does not apply to a client who has priority status, as |
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48 | 48 | | determined by executive commissioner rule. |
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49 | 49 | | Sec. 142.104. METHOD OF MEETING. (a) Except as provided by |
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50 | 50 | | Subsection (b), an interdisciplinary group shall hold all meetings |
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51 | 51 | | in person. |
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52 | 52 | | (b) If holding an in-person interdisciplinary group meeting |
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53 | 53 | | is not possible, the group may hold the meeting through |
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54 | 54 | | videoconference. If neither an in-person meeting nor a meeting by |
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55 | 55 | | videoconference is possible, the group may hold the meeting by |
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56 | 56 | | telephone conference call. |
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57 | 57 | | Sec. 142.105. EFFECT OF MEETING. (a) Not later than the |
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58 | 58 | | fifth business day after the date of an interdisciplinary group |
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59 | 59 | | meeting, the commission shall: |
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60 | 60 | | (1) resolve any outstanding issues raised in the |
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61 | 61 | | meeting; and |
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62 | 62 | | (2) send a written notice to the home and community |
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63 | 63 | | support services agency that requested the meeting to notify the |
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64 | 64 | | agency that: |
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65 | 65 | | (A) not earlier than the second business day |
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66 | 66 | | after the date the agency receives the notice, the case created by |
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67 | 67 | | the meeting request will be closed; and |
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68 | 68 | | (B) the agency may respond with a request for an |
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69 | 69 | | additional meeting before the date the case is closed. |
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70 | 70 | | (b) The commission shall close a case not earlier than the |
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71 | 71 | | second business day after the date an agency receives notice |
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72 | 72 | | provided under Subsection (a)(2), if the agency did not request an |
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73 | 73 | | additional meeting in accordance with Subsection (a)(2)(B). |
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74 | 74 | | Sec. 142.106. NOTICE OF CLIENT'S PREVIOUSLY SUSPENDED |
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75 | 75 | | SERVICES. The commission shall notify a home and community support |
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76 | 76 | | services agency if: |
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77 | 77 | | (1) the agency provides services to a new client; and |
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78 | 78 | | (2) the client described by Subdivision (1) was the |
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79 | 79 | | subject of a previous interdisciplinary group meeting, and the |
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80 | 80 | | interdisciplinary group determination resulted in the client's |
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81 | 81 | | previous agency suspending services to the client. |
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82 | 82 | | SECTION 2. As soon as practicable after the effective date |
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83 | 83 | | of this Act, the executive commissioner of the Health and Human |
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84 | 84 | | Services Commission shall adopt any rules necessary to implement |
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85 | 85 | | Subchapter D, Chapter 142, Health and Safety Code, as added by this |
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86 | 86 | | Act. |
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87 | 87 | | SECTION 3. This Act takes effect September 1, 2023. |
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