Texas 2023 - 88th Regular

Texas Senate Bill SB663 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R4162 SCP-F
2	2	By: Perry S.B. No. 663
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the development of a strategic plan for home and
8	8	community-based services provided under Medicaid and the child
9	9	health plan program and the establishment of an advisory committee
10	10	on home and community-based services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 531, Government Code, is amended by
13	13	adding Subchapter T to read as follows:
14	14	SUBCHAPTER T. HOME AND COMMUNITY-BASED SERVICES
15	15	Sec. 531.801. DEFINITIONS. In this subchapter:
16	16	(1) "Home and community-based services" means:
17	17	(A) personal attendant services;
18	18	(B) community attendant services;
19	19	(C) primary home care;
20	20	(D) private duty nursing services;
21	21	(E) in-home respite services; and
22	22	(F) home therapy services.
23	23	(2) "Home and community support services agency" means
24	24	a person licensed under Chapter 142, Health and Safety Code, who
25	25	provides for pay or other consideration home health, hospice, or
26	26	personal assistance services as those terms are defined by Section
27	27	142.001, Health and Safety Code, in a client's residence, an
28	28	independent living environment, or another appropriate location.
29	29	Sec. 531.802. STRATEGIC PLAN; REPORT. (a) The commission
30	30	shall develop and, subject to Subsection (c), implement a strategic
31	31	plan to ensure that Medicaid recipients and child health plan
32	32	program enrollees in this state have adequate access to home and
33	33	community-based services provided by a home and community support
34	34	services agency.
35	35	(b) The strategic plan must include:
36	36	(1) a proposal for developing a rate methodology for
37	37	each home and community-based service that will ensure adequate
38	38	access to the service;
39	39	(2) an assessment of the unmet needs for home and
40	40	community-based services of Medicaid recipients and child health
41	41	plan program enrollees;
42	42	(3) access to care standards specific to each home and
43	43	community-based services program under Medicaid and the child
44	44	health plan program, which may include standards based on:
45	45	(A) the amount of delivered units of service as a
46	46	percentage of authorized units of service;
47	47	(B) the number of in-network home and community
48	48	support services agencies;
49	49	(C) the types of services provided;
50	50	(D) the geographic areas served;
51	51	(E) vacancy rates; and
52	52	(F) the capacity to provide services; and
53	53	(4) set dates for achieving the goals identified in
54	54	the strategic plan.
55	55	(b-1) Not later than January 1, 2024, the commission shall
56	56	submit the strategic plan developed under Subsection (b) to the
57	57	Legislative Budget Board for approval. The board must review and
58	58	provide the commission with comments on the plan before determining
59	59	whether to approve the plan. This subsection expires September 1,
60	60	2025.
61	61	(c) The commission may not implement the proposal described
62	62	by Subsection (b)(1) until the Legislative Budget Board approves
63	63	the strategic plan.
64	64	(d) Not later than November 1 of each even-numbered year,
65	65	the commission shall submit a report on the commission's
66	66	development and implementation of the strategic plan to:
67	67	(1) the legislature;
68	68	(2) the governor; and
69	69	(3) the Legislative Budget Board.
70	70	Sec. 531.803. ADVISORY COMMITTEE. (a) In this section,
71	71	"advisory committee" means the home and community-based services
72	72	advisory committee established under this section.
73	73	(b) The commission shall establish the home and
74	74	community-based services advisory committee as an advisory
75	75	committee or a subcommittee of the medical care advisory committee
76	76	established under Section 32.022, Human Resources Code, to:
77	77	(1) advise the commission on:
78	78	(A) developing a viable long-term payment
79	79	methodology for home and community-based services; and
80	80	(B) addressing issues relating to home and
81	81	community-based services;
82	82	(2) develop a sustainable strategy to support home and
83	83	community-based services;
84	84	(3) make recommendations for cost savings in program
85	85	areas, including:
86	86	(A) program integrity;
87	87	(B) reductions in hospitalizations;
88	88	(C) prior authorization of services; and
89	89	(D) care coordination efforts; and
90	90	(4) review and offer comments on the strategic plan
91	91	described by Section 531.802.
92	92	(c) The advisory committee is composed of the following
93	93	members appointed by the executive commissioner:
94	94	(1) one member who is an ex officio nonvoting
95	95	representative of the commission; and
96	96	(2) an odd number, not to exceed 15, of voting members,
97	97	who are representatives of:
98	98	(A) at least one Medicaid managed care
99	99	organization;
100	100	(B) at least one association representing
101	101	managed care organizations;
102	102	(C) at least one association representing home
103	103	and community support services agencies;
104	104	(D) at least one association representing
105	105	Medicaid recipients in this state;
106	106	(E) at least one rural home and community support
107	107	services agency providing services to Medicaid recipients;
108	108	(F) at least one urban home and community support
109	109	services agency providing services to Medicaid recipients;
110	110	(G) at least one statewide home and community
111	111	support services agency providing services to Medicaid recipients;
112	112	(H) at least one person that provides financial
113	113	management services;
114	114	(I) at least one person that provides electronic
115	115	visit verification services; and
116	116	(J) another discipline involving expertise in
117	117	financing Medicaid home and community-based services.
118	118	(d) A member of the advisory committee serves without
119	119	compensation.
120	120	SECTION 2. As soon as practicable after the effective date
121	121	of this Act, the executive commissioner of the Health and Human
122	122	Services Commission shall appoint the members of the home and
123	123	community-based services advisory committee established under
124	124	Subchapter T, Chapter 531, Government Code, as added by this Act.
125	125	SECTION 3. This Act takes effect September 1, 2023.