Texas 2023 - 88th Regular

Texas House Bill HB5078 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13597 KKR-D
2	2	By: Oliverson H.B. No. 5078
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the eligibility for and access to certain Medicaid
8	8	waiver programs, including the medically dependent children (MDCP)
9	9	and the Texas home living (TxHmL) waiver programs.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 531, Government Code, is
12	12	amended by adding Sections 531.06012 and 531.06041 and amending
13	13	Section 531.0604 to read as follows:
14	14	Sec. 531.06012. MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER
15	15	PROGRAM DIVERSION SLOTS. To the extent possible, the commission
16	16	shall increase the number of medically dependent children (MDCP)
17	17	waiver program diversion slots for children who are medically
18	18	fragile and at high risk of being placed in an institutional
19	19	setting.
20	20	Sec. 531.0604. MEDICALLY DEPENDENT CHILDREN PROGRAM
21	21	ELIGIBILITY REQUIREMENTS; NURSING FACILITY LEVEL OF CARE. To the
22	22	extent allowed by federal law, the commission may not require that a
23	23	child reside in a nursing facility for:
24	24	(1) an extended period of time to meet the nursing
25	25	facility level of care required for the child to be determined
26	26	eligible for the medically dependent children (MDCP) waiver
27	27	program; or
28	28	(2) any period of time to meet the nursing facility
29	29	level of care required for the child to be determined eligible for
30	30	the medically dependent children (MDCP) waiver program if the child
31	31	is:
32	32	(A) medically fragile; and
33	33	(B) accessing the program through a "Money
34	34	Follows the Person" demonstration project.
35	35	Sec. 531.06041. TRANSITION OF CERTAIN CHILDREN TO MEDICALLY
36	36	DEPENDENT CHILDREN (MDCP) WAIVER PROGRAM. The commission shall
37	37	transition a child from another Section 1915(c) waiver program to
38	38	the medically dependent children (MDCP) waiver program if the
39	39	child:
40	40	(1) receives Supplemental Security Income (SSI) (42
41	41	U.S.C. Section 1381 et seq.); and
42	42	(2) meets the program's level of care criteria for
43	43	medical necessity for nursing facility care.
44	44	SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
45	45	is amended by adding Section 32.0521 to read as follows:
46	46	Sec. 32.0521. ELIGIBILITY FOR TEXAS HOME LIVING (TxHmL)
47	47	WAIVER PROGRAM. (a) In this section, "Section 1915(c) waiver
48	48	program" has the meaning assigned by Section 531.001, Government
49	49	Code.
50	50	(b) To the extent permitted by federal law, an individual is
51	51	financially eligible to participate in the Texas home living
52	52	(TxHmL) waiver program if the individual's family income is not
53	53	more than the special income limit established by the commission
54	54	for other Section 1915(c) waiver programs, including the home and
55	55	community-based services (HCS) waiver program.
56	56	(c) The commission may not require that an individual who
57	57	has an approved primary diagnosis of a related condition meet
58	58	intelligence quotient criteria to be eligible for the Texas home
59	59	living (TxHmL) waiver program.
60	60	SECTION 3. If before implementing any provision of this Act
61	61	a state agency determines that a waiver or authorization from a
62	62	federal agency is necessary for implementation of that provision,
63	63	the agency affected by the provision shall request the waiver or
64	64	authorization and may delay implementing that provision until the
65	65	waiver or authorization is granted.
66	66	SECTION 4. This Act takes effect September 1, 2023.