| 1 | 1 | | 2023S0042-1 01/20/23 |
|---|
| 2 | 2 | | By: Perry S.B. No. 651 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the repeal of certain contracting requirements under |
|---|
| 8 | 8 | | the Medicaid managed care delivery model. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 533.003(a), Government Code, is amended |
|---|
| 11 | 11 | | to read as follows: |
|---|
| 12 | 12 | | (a) In awarding contracts to managed care organizations, |
|---|
| 13 | 13 | | the commission shall: |
|---|
| 14 | 14 | | (1) give preference to organizations that have |
|---|
| 15 | 15 | | significant participation in the organization's provider network |
|---|
| 16 | 16 | | from each health care provider in the region who has traditionally |
|---|
| 17 | 17 | | provided care to Medicaid and charity care patients; |
|---|
| 18 | 18 | | (2) give extra consideration to organizations that |
|---|
| 19 | 19 | | agree to assure continuity of care for at least three months beyond |
|---|
| 20 | 20 | | the period of Medicaid eligibility for recipients; |
|---|
| 21 | 21 | | (3) consider the need to use different managed care |
|---|
| 22 | 22 | | plans to meet the needs of different populations; |
|---|
| 23 | 23 | | (4) consider the ability of organizations to process |
|---|
| 24 | 24 | | Medicaid claims electronically; and |
|---|
| 25 | 25 | | (5) in the initial implementation of managed care in |
|---|
| 26 | 26 | | the South Texas service region, give extra consideration to an |
|---|
| 27 | 27 | | organization that [either: |
|---|
| 28 | 28 | | [(A)] is locally owned, managed, and operated, if |
|---|
| 29 | 29 | | one exists[; or |
|---|
| 30 | 30 | | [(B) is in compliance with the requirements of |
|---|
| 31 | 31 | | Section 533.004]. |
|---|
| 32 | 32 | | SECTION 2. Section 533.004, Government Code, is repealed. |
|---|
| 33 | 33 | | SECTION 3. The changes in law made by this Act apply only to |
|---|
| 34 | 34 | | contracts by the Health and Human Services Commission that are |
|---|
| 35 | 35 | | fully executed on or after the effective date of this Act. |
|---|
| 36 | 36 | | SECTION 4. If before implementing any provision of this Act |
|---|
| 37 | 37 | | a state agency determines that a waiver or authorization from a |
|---|
| 38 | 38 | | federal agency is necessary for implementation of that provision, |
|---|
| 39 | 39 | | the agency affected by the provision shall request the waiver or |
|---|
| 40 | 40 | | authorization and may delay implementing that provision until the |
|---|
| 41 | 41 | | waiver or authorization is granted. |
|---|
| 42 | 42 | | SECTION 5. This Act takes effect immediately if it receives |
|---|
| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 46 | 46 | | Act takes effect September 1, 2023. |
|---|