88R8798 JG-D
By: LaMantia S.B. No. 2178
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Autism Medicaid Services
Program Advisory Council to evaluate the provision of applied
behavior analysis services under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 111 to read as follows:
CHAPTER 111. AUTISM MEDICAID SERVICES PROGRAM ADVISORY COUNCIL
Sec. 111.001. DEFINITIONS. In this chapter:
(1) "Advisory council" means the Autism Medicaid
Services Program Advisory Council established under this chapter.
(2) "Medicaid managed care organization" has the
meaning assigned by Section 531.001, Government Code.
(3) "Program" means the autism Medicaid services
program administered by the commission under Medicaid to provide
applied behavior analysis services to recipients with autism
spectrum disorder.
(4) "Recipient" has the meaning assigned by Section
533.001, Government Code.
Sec. 111.002. PURPOSE. The purpose of the Autism Medicaid
Services Program Advisory Council is to:
(1) create a structured forum by convening relevant
stakeholders to evaluate and advise the commission on issues and
concerns relating to the provision of applied behavior analysis
services under the program;
(2) provide a structured forum through which
recipients receiving services under the program and the public are
able to provide input on the provision of applied behavior analysis
services under the program; and
(3) assess and provide reports on the program in
accordance with this chapter.
Sec. 111.003. ESTABLISHMENT OF ADVISORY COUNCIL. The
advisory council is established to advise the commission and
legislature on the provision of applied behavior analysis services
to recipients under the program, including the implementation and
efficacy of the program.
Sec. 111.004. MEMBERSHIP. (a) The advisory council is
composed of the following members appointed by the executive
commissioner:
(1) at least one commission employee who provides
technical support for the program;
(2) at least one Texas Medicaid and Healthcare
Partnership employee who provides technical support for the
program;
(3) at least three representatives of Medicaid managed
care organizations participating in the program;
(4) at least four representatives of licensed behavior
analysts participating in the program that represent a variety of
operational sizes;
(5) at least one representative of a licensed
diagnosing provider of applied behavior analysis participating in
the program;
(6) at least one representative of an advocacy and
support group for individuals that represents persons with autism
spectrum disorder in this state;
(7) at least one member who is a parent of a child who
has been diagnosed with autism spectrum disorder and qualifies for
participation in or receives services under the program; and
(8) any other person the executive commissioner
determines appropriate who has appropriate subject matter
expertise in autism, the program, or another relevant area.
(b) Each advisory council member must be a resident of this
state.
(c) The executive commissioner shall select from among the
advisory council members a presiding officer. In the event of a tie
on a matter voted on by the advisory council, the presiding officer
shall cast the deciding vote.
(d) An advisory council member is not entitled to
compensation or reimbursement for expenses incurred in performing
advisory council duties.
Sec. 111.005. TERMS AND VACANCY. (a) Advisory council
members serve two-year terms.
(b) The executive commissioner shall fill a vacancy on the
advisory council in the same manner as the original appointment for
the remainder of the unexpired term.
(c) An advisory council member may be reappointed to serve
on the advisory council.
Sec. 111.006. MEETINGS. (a) The advisory council shall
meet at times and locations as determined by the presiding officer
or a majority of the advisory council members.
(b) Notwithstanding Chapter 551, Government Code, or any
other law, the advisory council may meet by telephone conference
call, videoconference, or another similar telecommunication
method. A meeting held by telephone conference call,
videoconference, or another similar telecommunication method is
subject to the requirements of Sections 551.125(c)-(f), Government
Code.
(c) A majority of the advisory council members constitutes a
quorum.
Sec. 111.007. ANNUAL REPORT. (a) Not later than November 1
of each year, the advisory council shall prepare and submit to the
executive commissioner, the commission's executive council
established under Section 531.0051, Government Code, the governor,
and the legislature an electronic written report that includes:
(1) the total program budget for the preceding fiscal
year;
(2) the total amount of money spent to provide
reimbursements under the program for the provision of applied
behavior analysis services during:
(A) the preceding fiscal year under the program
to provide reimbursements for the provision of applied behavior
analysis services; and
(B) the period beginning on the date the program
was established to the 30th day preceding the date the report is
prepared;
(3) the total number of recipients who received
applied behavior analysis services under the program during:
(A) the preceding fiscal year; and
(B) the period beginning on the date the program
was established to the 30th day preceding the date the report is
prepared;
(4) the total number of projected recipients who will
receive applied behavior analysis services under the program for
the current fiscal year;
(5) the minutes of each advisory council meeting
conducted during the preceding fiscal year, including any written
public comments and transcribed oral public comments; and
(6) an analysis of barriers to:
(A) the program's efficiency;
(B) access to applied behavior analysis services
under the program; and
(C) program network adequacy, including
recommendations for improving program efficiency.
(b) Notwithstanding any other law, this section, including
any action taken under this section to develop or disseminate
information or materials, does not create a civil or administrative
cause of action or a civil or criminal liability and does not create
a standard of care, obligation, or duty that provides the basis for
a cause of action.
Sec. 111.008. APPLICABILITY OF OTHER LAW. Chapter 2110,
Government Code, does not apply to the advisory council.
Sec. 111.009. SUNSET PROVISION. The advisory council is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the advisory
council is abolished and this chapter expires September 1, 2029.
SECTION 2. (a) Not later than March 1, 2024, the executive
commissioner of the Health and Human Services Commission shall
appoint members to the Autism Medicaid Services Program Advisory
Council as required by Chapter 111, Health and Safety Code, as added
by this Act.
(b) Notwithstanding Chapter 111, Health and Safety Code, as
added by this Act, the Autism Medicaid Services Program Advisory
Council established under that chapter is not required to submit
the first report under that chapter until November 1, 2024.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.