Texas 2023 - 88th Regular

Texas Senate Bill SB1675 Compare Versions

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1	1	88R8476 SCP-F
2	2	By: Johnson S.B. No. 1675
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a pilot project to provide medical nutrition assistance
8	8	to certain Medicaid recipients in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
11	11	is amended by adding Section 32.077 to read as follows:
12	12	Sec. 32.077. HEALTHY FOOD IS GOOD MEDICINE PILOT PROJECT.
13	13	(a) In this section:
14	14	(1) "Community-based organization" means an
15	15	organization that:
16	16	(A) is exempt from the payment of federal income
17	17	taxes under Section 501(a), Internal Revenue Code of 1986, by being
18	18	listed as an exempt entity under Section 501(c)(3) of that code;
19	19	(B) provides medical nutrition assistance;
20	20	(C) has an established agreement with a medical
21	21	provider to implement medical nutrition assistance under this
22	22	section; and
23	23	(D) employs:
24	24	(i) at least one registered dietitian
25	25	nutritionist;
26	26	(ii) culinary personnel; and
27	27	(iii) support personnel capable of
28	28	providing patient referrals to a medical provider, sourcing
29	29	ingredients, and packaging and delivering meals to medical
30	30	nutrition assistance recipients.
31	31	(2) "Medical nutrition assistance" means:
32	32	(A) provision of medically tailored meals to
33	33	individuals who have a chronic disease, including diabetes,
34	34	congestive heart failure, chronic pulmonary disease, kidney
35	35	disease, or other chronic disease, that is impacted by the
36	36	individual's diet and limits at least one activity of the
37	37	individual's daily living to support treatment and management of
38	38	the disease; and
39	39	(B) provision of medically tailored meals to
40	40	individuals who experience food insecurity and have at least one
41	41	chronic health condition directly impacted by the nutritional
42	42	quality of food to support treatment and management of the
43	43	condition.
44	44	(3) "Medical provider" means:
45	45	(A) a federally qualified health center as
46	46	defined by 42 U.S.C. Section 1396d(l)(2)(B); or
47	47	(B) a participating provider, as defined by
48	48	Section 32.101.
49	49	(4) "Medically tailored meal" means food prepared as
50	50	prescribed by a dietician or other qualified health care
51	51	professional to address an individual's chronic disease or health
52	52	condition and any associated symptoms.
53	53	(b) The executive commissioner shall seek a waiver under
54	54	Section 1115 of the federal Social Security Act (42 U.S.C. 1315) to
55	55	the state Medicaid plan to develop and implement a five-year pilot
56	56	project to demonstrate the cost effectiveness and improved health
57	57	care outcomes of Medicaid recipients in this state who are provided
58	58	medical nutrition assistance through medical providers and
59	59	community-based organizations in not more than six service delivery
60	60	areas.
61	61	(c) The pilot project must be established in service
62	62	delivery areas located in:
63	63	(1) a municipality with a population greater than
64	64	670,000; or
65	65	(2) a county:
66	66	(A) with a population greater than 65,000;
67	67	(B) that is located on an international border;
68	68	and
69	69	(C) in which at least one World Birding Center
70	70	site is located.
71	71	(d) The commission may collaborate and contract with
72	72	managed care organizations, the state Medicaid managed care
73	73	advisory committee, community-based organizations, and medical
74	74	providers in administering the pilot project.
75	75	(e) In implementing the pilot project, the executive
76	76	commissioner by rule shall establish eligibility criteria for
77	77	Medicaid recipients to participate in the pilot project.
78	78	(f) The commission shall, to the extent allowed by a waiver
79	79	obtained under Subsection (b), establish reimbursement rates for:
80	80	(1) a medical provider who through medical personnel,
81	81	including dieticians, nutritionists, social workers, and community
82	82	health workers, provides the following services:
83	83	(A) assessments and screening of recipients to
84	84	determine eligibility for participation in the pilot project; and
85	85	(B) development of individual care plans and
86	86	health outcome tracking for pilot project participants; and
87	87	(2) community-based organizations that provide the
88	88	following services:
89	89	(A) referral of recipients to a medical provider
90	90	for assessment and screening for eligibility for participation in
91	91	the pilot project;
92	92	(B) ingredient sourcing and meal preparation for
93	93	pilot project participants;
94	94	(C) meal delivery to pilot project participants;
95	95	and
96	96	(D) community outreach, including education on
97	97	disease management, nutrition and health, and access to community
98	98	nutrition services.
99	99	(g) The commission shall submit reports to the legislature
100	100	on the results of a pilot project implemented under this section as
101	101	follows:
102	102	(1) an initial report to be submitted not later than
103	103	the first anniversary of the date the pilot project is implemented
104	104	under this section;
105	105	(2) a second report to be submitted not later than 30
106	106	months following the date the pilot project is implemented; and
107	107	(3) a final report to be submitted not later than three
108	108	months after the pilot project concludes.
109	109	(h) A report submitted to the legislature under Subsection
110	110	(g) must include:
111	111	(1) the number of participants in the pilot project;
112	112	(2) any relevant medical outcomes for the
113	113	participants, including:
114	114	(A) insulin medication amounts required by
115	115	participants with diabetes;
116	116	(B) cardiac markers, sodium and potassium
117	117	levels, and biometric parameters;
118	118	(C) body mass index measurements;
119	119	(D) blood pressure;
120	120	(E) glomerular filtration rates and albumin
121	121	levels; and
122	122	(F) hospital admissions and emergency room
123	123	visits;
124	124	(3) any cost savings or increased expenditures
125	125	incurred as a result of the pilot project; and
126	126	(4) a commission recommendation on whether to
127	127	terminate, continue, or expand the pilot project.
128	128	(i) This section expires September 1, 2029.
129	129	SECTION 2. As soon as practicable after the effective date
130	130	of this Act, the executive commissioner of the Health and Human
131	131	Services Commission shall apply for and actively pursue a waiver
132	132	under Section 1115 of the federal Social Security Act (42 U.S.C.
133	133	Section 1315) to the state Medicaid plan from the federal Centers
134	134	for Medicare and Medicaid Services or any other federal agency to
135	135	implement Section 32.077, Human Resources Code, as added by this
136	136	Act. The commission may delay implementing Section 32.077, Human
137	137	Resources Code, as added by this Act, until the waiver applied for
138	138	under this section is granted.
139	139	SECTION 3. This Act takes effect September 1, 2023.