88R8857 EAS-D
By: Howard H.B. No. 3515
A BILL TO BE ENTITLED
AN ACT
relating to the establishment and operation of an interdisciplinary
group to review services provided by home and community support
services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 142, Health and Safety Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. INTERDISCIPLINARY GROUP MEETINGS
Sec. 142.101. DEFINITION. In this subchapter,
"interdisciplinary group" and "group" mean a group that meets on
the request of a home and community support services agency when
that agency identifies a need to discuss service delivery issues or
barriers to service delivery for a client served by the agency.
Sec. 142.102. MEMBERS OF INTERDISCIPLINARY GROUP. An
interdisciplinary group must include the following members:
(1) the client who is the subject of the
interdisciplinary group discussion, the client's representative,
or both the client and the client's representative;
(2) a representative of the home and community support
services agency that requested the interdisciplinary group
meeting; and
(3) a commission representative, who must be:
(A) a case worker or the case worker's designee;
(B) the applicable contract manager or contract
manager's designee; or
(C) the applicable regional nurse or nurse's
designee.
Sec. 142.103. INTERDISCIPLINARY GROUP MEETING REQUEST AND
SUSPENSION OF CLIENT SERVICES. (a) A home and community support
services agency may submit a request to the commission, in the form
and manner prescribed by the commission, for an interdisciplinary
group meeting for a client served by the agency.
(b) The commission must respond to a home and community
support services agency's request for an interdisciplinary group
meeting not later than 48 hours after the request is received by the
commission.
(c) Except as otherwise provided by this subsection, a home
and community support services agency may suspend the provision of
services to a client until a requested interdisciplinary group
meeting for that client is conducted and the group makes a final
determination regarding the provision of care to the client. This
subsection does not apply to a client who has priority status, as
determined by executive commissioner rule.
Sec. 142.104. METHOD OF MEETING. (a) Except as provided by
Subsection (b), an interdisciplinary group shall hold all meetings
in person.
(b) If holding an in-person interdisciplinary group meeting
is not possible, the group may hold the meeting through
videoconference. If neither an in-person meeting nor a meeting by
videoconference is possible, the group may hold the meeting by
telephone conference call.
Sec. 142.105. EFFECT OF MEETING. (a) Not later than the
fifth business day after the date of an interdisciplinary group
meeting, the commission shall:
(1) resolve any outstanding issues raised in the
meeting; and
(2) send a written notice to the home and community
support services agency that requested the meeting to notify the
agency that:
(A) not earlier than the second business day
after the date the agency receives the notice, the case created by
the meeting request will be closed; and
(B) the agency may respond with a request for an
additional meeting before the date the case is closed.
(b) The commission shall close a case not earlier than the
second business day after the date an agency receives notice
provided under Subsection (a)(2), if the agency did not request an
additional meeting in accordance with Subsection (a)(2)(B).
Sec. 142.106. NOTICE OF CLIENT'S PREVIOUSLY SUSPENDED
SERVICES. The commission shall notify a home and community support
services agency if:
(1) the agency provides services to a new client; and
(2) the client described by Subdivision (1) was the
subject of a previous interdisciplinary group meeting, and the
interdisciplinary group determination resulted in the client's
previous agency suspending services to the client.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt any rules necessary to implement
Subchapter D, Chapter 142, Health and Safety Code, as added by this
Act.
SECTION 3. This Act takes effect September 1, 2023.