Texas 2023 - 88th Regular

Texas Senate Bill SB2178 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R8798 JG-D
2	2	By: LaMantia S.B. No. 2178
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Autism Medicaid Services
8	8	Program Advisory Council to evaluate the provision of applied
9	9	behavior analysis services under Medicaid.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
12	12	amended by adding Chapter 111 to read as follows:
13	13	CHAPTER 111. AUTISM MEDICAID SERVICES PROGRAM ADVISORY COUNCIL
14	14	Sec. 111.001. DEFINITIONS. In this chapter:
15	15	(1) "Advisory council" means the Autism Medicaid
16	16	Services Program Advisory Council established under this chapter.
17	17	(2) "Medicaid managed care organization" has the
18	18	meaning assigned by Section 531.001, Government Code.
19	19	(3) "Program" means the autism Medicaid services
20	20	program administered by the commission under Medicaid to provide
21	21	applied behavior analysis services to recipients with autism
22	22	spectrum disorder.
23	23	(4) "Recipient" has the meaning assigned by Section
24	24	533.001, Government Code.
25	25	Sec. 111.002. PURPOSE. The purpose of the Autism Medicaid
26	26	Services Program Advisory Council is to:
27	27	(1) create a structured forum by convening relevant
28	28	stakeholders to evaluate and advise the commission on issues and
29	29	concerns relating to the provision of applied behavior analysis
30	30	services under the program;
31	31	(2) provide a structured forum through which
32	32	recipients receiving services under the program and the public are
33	33	able to provide input on the provision of applied behavior analysis
34	34	services under the program; and
35	35	(3) assess and provide reports on the program in
36	36	accordance with this chapter.
37	37	Sec. 111.003. ESTABLISHMENT OF ADVISORY COUNCIL. The
38	38	advisory council is established to advise the commission and
39	39	legislature on the provision of applied behavior analysis services
40	40	to recipients under the program, including the implementation and
41	41	efficacy of the program.
42	42	Sec. 111.004. MEMBERSHIP. (a) The advisory council is
43	43	composed of the following members appointed by the executive
44	44	commissioner:
45	45	(1) at least one commission employee who provides
46	46	technical support for the program;
47	47	(2) at least one Texas Medicaid and Healthcare
48	48	Partnership employee who provides technical support for the
49	49	program;
50	50	(3) at least three representatives of Medicaid managed
51	51	care organizations participating in the program;
52	52	(4) at least four representatives of licensed behavior
53	53	analysts participating in the program that represent a variety of
54	54	operational sizes;
55	55	(5) at least one representative of a licensed
56	56	diagnosing provider of applied behavior analysis participating in
57	57	the program;
58	58	(6) at least one representative of an advocacy and
59	59	support group for individuals that represents persons with autism
60	60	spectrum disorder in this state;
61	61	(7) at least one member who is a parent of a child who
62	62	has been diagnosed with autism spectrum disorder and qualifies for
63	63	participation in or receives services under the program; and
64	64	(8) any other person the executive commissioner
65	65	determines appropriate who has appropriate subject matter
66	66	expertise in autism, the program, or another relevant area.
67	67	(b) Each advisory council member must be a resident of this
68	68	state.
69	69	(c) The executive commissioner shall select from among the
70	70	advisory council members a presiding officer. In the event of a tie
71	71	on a matter voted on by the advisory council, the presiding officer
72	72	shall cast the deciding vote.
73	73	(d) An advisory council member is not entitled to
74	74	compensation or reimbursement for expenses incurred in performing
75	75	advisory council duties.
76	76	Sec. 111.005. TERMS AND VACANCY. (a) Advisory council
77	77	members serve two-year terms.
78	78	(b) The executive commissioner shall fill a vacancy on the
79	79	advisory council in the same manner as the original appointment for
80	80	the remainder of the unexpired term.
81	81	(c) An advisory council member may be reappointed to serve
82	82	on the advisory council.
83	83	Sec. 111.006. MEETINGS. (a) The advisory council shall
84	84	meet at times and locations as determined by the presiding officer
85	85	or a majority of the advisory council members.
86	86	(b) Notwithstanding Chapter 551, Government Code, or any
87	87	other law, the advisory council may meet by telephone conference
88	88	call, videoconference, or another similar telecommunication
89	89	method. A meeting held by telephone conference call,
90	90	videoconference, or another similar telecommunication method is
91	91	subject to the requirements of Sections 551.125(c)-(f), Government
92	92	Code.
93	93	(c) A majority of the advisory council members constitutes a
94	94	quorum.
95	95	Sec. 111.007. ANNUAL REPORT. (a) Not later than November 1
96	96	of each year, the advisory council shall prepare and submit to the
97	97	executive commissioner, the commission's executive council
98	98	established under Section 531.0051, Government Code, the governor,
99	99	and the legislature an electronic written report that includes:
100	100	(1) the total program budget for the preceding fiscal
101	101	year;
102	102	(2) the total amount of money spent to provide
103	103	reimbursements under the program for the provision of applied
104	104	behavior analysis services during:
105	105	(A) the preceding fiscal year under the program
106	106	to provide reimbursements for the provision of applied behavior
107	107	analysis services; and
108	108	(B) the period beginning on the date the program
109	109	was established to the 30th day preceding the date the report is
110	110	prepared;
111	111	(3) the total number of recipients who received
112	112	applied behavior analysis services under the program during:
113	113	(A) the preceding fiscal year; and
114	114	(B) the period beginning on the date the program
115	115	was established to the 30th day preceding the date the report is
116	116	prepared;
117	117	(4) the total number of projected recipients who will
118	118	receive applied behavior analysis services under the program for
119	119	the current fiscal year;
120	120	(5) the minutes of each advisory council meeting
121	121	conducted during the preceding fiscal year, including any written
122	122	public comments and transcribed oral public comments; and
123	123	(6) an analysis of barriers to:
124	124	(A) the program's efficiency;
125	125	(B) access to applied behavior analysis services
126	126	under the program; and
127	127	(C) program network adequacy, including
128	128	recommendations for improving program efficiency.
129	129	(b) Notwithstanding any other law, this section, including
130	130	any action taken under this section to develop or disseminate
131	131	information or materials, does not create a civil or administrative
132	132	cause of action or a civil or criminal liability and does not create
133	133	a standard of care, obligation, or duty that provides the basis for
134	134	a cause of action.
135	135	Sec. 111.008. APPLICABILITY OF OTHER LAW. Chapter 2110,
136	136	Government Code, does not apply to the advisory council.
137	137	Sec. 111.009. SUNSET PROVISION. The advisory council is
138	138	subject to Chapter 325, Government Code (Texas Sunset Act). Unless
139	139	continued in existence as provided by that chapter, the advisory
140	140	council is abolished and this chapter expires September 1, 2029.
141	141	SECTION 2. (a) Not later than March 1, 2024, the executive
142	142	commissioner of the Health and Human Services Commission shall
143	143	appoint members to the Autism Medicaid Services Program Advisory
144	144	Council as required by Chapter 111, Health and Safety Code, as added
145	145	by this Act.
146	146	(b) Notwithstanding Chapter 111, Health and Safety Code, as
147	147	added by this Act, the Autism Medicaid Services Program Advisory
148	148	Council established under that chapter is not required to submit
149	149	the first report under that chapter until November 1, 2024.
150	150	SECTION 3. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect September 1, 2023.