1 | 1 | | 89R11869 JG-F |
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2 | 2 | | By: Manuel H.B. No. 5244 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the development and implementation of the Texas Plan |
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10 | 10 | | demonstration program to fund the purchase by and provision to |
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11 | 11 | | certain eligible individuals of health care services. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subtitle I, Title 4, Government Code, is amended |
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14 | 14 | | by adding Chapter 532A to read as follows: |
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15 | 15 | | CHAPTER 532A. TEXAS PLAN DEMONSTRATION PROGRAM |
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16 | 16 | | SUBCHAPTER A. GENERAL PROVISIONS |
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17 | 17 | | Sec. 532A.0001. DEFINITIONS. In this chapter: |
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18 | 18 | | (1) "Board" means the board of directors of the |
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19 | 19 | | med-pool. |
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20 | 20 | | (2) "Eligible individual" means an individual who is |
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21 | 21 | | eligible to participate in the program. |
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22 | 22 | | (3) "Health benefit account" means a health benefit |
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23 | 23 | | account the comptroller establishes for a participant under |
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24 | 24 | | Subchapter E. |
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25 | 25 | | (4) "Health care provider" means: |
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26 | 26 | | (A) a primary care provider; |
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27 | 27 | | (B) a specialty and major medical care provider; |
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28 | 28 | | and |
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29 | 29 | | (C) an integrated health care organization. |
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30 | 30 | | (5) "Integrated health care organization" means a |
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31 | 31 | | health care organization that provides all of a participant's |
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32 | 32 | | health care needs, including primary care and specialty and major |
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33 | 33 | | medical care services, using a capitated payment model. |
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34 | 34 | | (6) "Med-pool" means the risk pool established under |
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35 | 35 | | Subchapter F to provide specialty and major medical care services |
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36 | 36 | | to participants. |
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37 | 37 | | (7) "Nondiscriminatory price" means a fixed, |
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38 | 38 | | transparent, nonnegotiable price for a health care service that a |
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39 | 39 | | health care provider charges each individual for the service |
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40 | 40 | | regardless of the payment model used to pay for the service. |
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41 | 41 | | (8) "Participant" means an individual who is enrolled |
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42 | 42 | | in the program. |
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43 | 43 | | (9) "Primary care provider" means a provider of |
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44 | 44 | | primary care services. |
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45 | 45 | | (10) "Primary care services" includes whole-person, |
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46 | 46 | | integrated, and accessible health care provided by |
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47 | 47 | | interprofessional teams that are engaged to address the majority of |
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48 | 48 | | an individual's health and wellness needs across different health |
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49 | 49 | | care settings through sustained relationships with patients, |
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50 | 50 | | families, and communities in order to achieve better health |
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51 | 51 | | outcomes, better care, and lower health care prices. |
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52 | 52 | | (11) "Program" means the Texas Plan demonstration |
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53 | 53 | | program established under this chapter. |
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54 | 54 | | (12) "Specialty and major medical care provider" means |
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55 | 55 | | a provider of specialty and major medical care services. |
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56 | 56 | | (13) "Specialty and major medical care services" means |
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57 | 57 | | health care services other than primary care services. The term |
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58 | 58 | | includes: |
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59 | 59 | | (A) emergency care; |
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60 | 60 | | (B) urgent care; |
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61 | 61 | | (C) hospital care; |
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62 | 62 | | (D) allergy and immunology; |
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63 | 63 | | (E) anesthesiology; |
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64 | 64 | | (F) cardiology; |
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65 | 65 | | (G) dermatology; |
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66 | 66 | | (H) diagnostic radiology; |
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67 | 67 | | (I) medical genetics; |
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68 | 68 | | (J) nephrology; |
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69 | 69 | | (K) neurology; |
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70 | 70 | | (L) nuclear medicine; |
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71 | 71 | | (M) obstetrics and gynecology; |
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72 | 72 | | (N) oncology; |
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73 | 73 | | (O) ophthalmology; |
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74 | 74 | | (P) orthopedics; |
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75 | 75 | | (Q) pathology; |
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76 | 76 | | (R) pediatrics; |
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77 | 77 | | (S) physical medicine and rehabilitation; |
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78 | 78 | | (T) psychiatry; |
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79 | 79 | | (U) radiation oncology; |
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80 | 80 | | (V) surgery; and |
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81 | 81 | | (W) urology. |
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82 | 82 | | Sec. 532A.0002. FEDERAL AUTHORIZATION FOR PROGRAM. (a) |
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83 | 83 | | The executive commissioner shall develop and seek a waiver under |
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84 | 84 | | Section 1115 of the Social Security Act (42 U.S.C. Section 1315) or, |
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85 | 85 | | if available, a block grant or comparable funding system that may be |
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86 | 86 | | used for this purpose to obtain any federal money available for |
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87 | 87 | | implementing the Texas Plan demonstration program to assist |
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88 | 88 | | eligible individuals in obtaining health care services. |
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89 | 89 | | (b) The terms of the waiver the executive commissioner seeks |
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90 | 90 | | must: |
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91 | 91 | | (1) be designed to: |
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92 | 92 | | (A) make high value health care services more |
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93 | 93 | | accessible to eligible individuals; |
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94 | 94 | | (B) provide money to cover the costs of a |
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95 | 95 | | participant's primary care services, specialty and major medical |
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96 | 96 | | care services, dental health services, prescription drugs, and |
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97 | 97 | | other eligible out-of-pocket health care expenses; |
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98 | 98 | | (C) for the purpose of shifting costs from |
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99 | 99 | | hospital care to prevention, emphasize the provision of capitated, |
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100 | 100 | | whole-person, person-centered primary care, including case |
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101 | 101 | | management, mental health services, and health system navigation, |
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102 | 102 | | as a core component of the program's overall health goals; |
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103 | 103 | | (D) improve health outcomes of participants |
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104 | 104 | | based on the value of care the program offers, including by: |
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105 | 105 | | (i) when diagnosing and treating a |
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106 | 106 | | participant, considering nonmedical factors that impact the |
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107 | 107 | | participant's health, including nutrition, transportation, |
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108 | 108 | | housing, and employment; and |
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109 | 109 | | (ii) to the extent possible, coordinating |
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110 | 110 | | with community health organizations and other local resources |
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111 | 111 | | available to address the nonmedical factors; |
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112 | 112 | | (E) emphasize and encourage price and quality |
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113 | 113 | | transparency by program health care providers to enable: |
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114 | 114 | | (i) a participant to make informed |
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115 | 115 | | decisions regarding health care price and quality; and |
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116 | 116 | | (ii) the commission and board to collect |
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117 | 117 | | accurate and current pricing information for each provider, |
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118 | 118 | | including nondiscriminatory price information; |
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119 | 119 | | (F) provide a framework for the commission and |
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120 | 120 | | board to use existing data sources or develop new data sources to |
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121 | 121 | | obtain and publish information on high-value care that: |
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122 | 122 | | (i) identifies health care providers who |
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123 | 123 | | provide low health care prices and high quality of care, including |
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124 | 124 | | health care centers of excellence; and |
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125 | 125 | | (ii) facilitates a participant's ability to |
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126 | 126 | | navigate between health care providers to obtain high-value care; |
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127 | 127 | | and |
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128 | 128 | | (G) subject to Section 532A.0104, provide |
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129 | 129 | | continuous coverage for participants for the duration of the |
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130 | 130 | | program; |
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131 | 131 | | (2) because some participants may have limited primary |
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132 | 132 | | care options, recognize a broad range of primary care arrangements |
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133 | 133 | | and providers under the program, including: |
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134 | 134 | | (A) direct primary care, advanced primary care, |
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135 | 135 | | and similar primary care service arrangements provided virtually or |
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136 | 136 | | on-site; |
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137 | 137 | | (B) federally qualified health centers, as |
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138 | 138 | | defined by 42 U.S.C. Section 1396d(l)(2)(B); and |
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139 | 139 | | (C) commercial retailers that provide primary |
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140 | 140 | | care services at a published, nondiscriminatory price for each |
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141 | 141 | | offered service; |
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142 | 142 | | (3) allow health care services to be provided remotely |
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143 | 143 | | as telehealth services or telemedicine medical services; and |
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144 | 144 | | (4) allow for the operation of the program consistent |
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145 | 145 | | with the requirements of this chapter for a period of five years, |
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146 | 146 | | except to the extent deviation from the requirements is necessary |
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147 | 147 | | to obtain the waiver. |
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148 | 148 | | Sec. 532A.0003. FUNDING. (a) Subject to approval of the |
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149 | 149 | | waiver described by Section 532A.0002, the commission shall |
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150 | 150 | | implement the program using federal money obtained and state money |
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151 | 151 | | available for that purpose. |
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152 | 152 | | (b) The commission shall implement the program in |
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153 | 153 | | accordance with the following spending requirements: |
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154 | 154 | | (1) except as provided by Subdivision (2), the |
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155 | 155 | | commission shall use state money appropriated for the program to |
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156 | 156 | | cover: |
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157 | 157 | | (A) the administrative costs of implementing and |
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158 | 158 | | operating the program; and |
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159 | 159 | | (B) the costs of med-pool health care claims and |
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160 | 160 | | excess loss coverage to protect the med-pool against financial |
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161 | 161 | | losses that may place the med-pool's solvency in financial |
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162 | 162 | | jeopardy; and |
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163 | 163 | | (2) except as provided by Subsection (c), the |
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164 | 164 | | commission shall use federal money received for the program and an |
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165 | 165 | | amount of state money appropriated for the program that the |
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166 | 166 | | commission determines necessary to cover the costs of providing |
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167 | 167 | | health care services to program participants by distributing the |
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168 | 168 | | money among each participant on a per capita basis in the following |
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169 | 169 | | proportions and manner: |
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170 | 170 | | (A) 25 percent of allocated money must be: |
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171 | 171 | | (i) used to cover the costs of providing a |
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172 | 172 | | participant's primary care services, including dental health and |
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173 | 173 | | prescription drug costs related to those services; and |
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174 | 174 | | (ii) deposited into the participant's |
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175 | 175 | | health benefit account in accordance with Subchapter E; and |
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176 | 176 | | (B) 75 percent of allocated money must be: |
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177 | 177 | | (i) used to cover the costs of providing a |
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178 | 178 | | participant's specialty and major medical care services, including |
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179 | 179 | | prescription drug costs related to those services; and |
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180 | 180 | | (ii) disbursed to the med-pool. |
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181 | 181 | | (c) For a participant who receives all of the participant's |
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182 | 182 | | health care needs from an integrated health care organization, the |
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183 | 183 | | commission shall: |
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184 | 184 | | (1) disburse 96 percent of the per capita amount |
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185 | 185 | | described by Subsection (b)(2) to the organization to cover the |
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186 | 186 | | costs of providing the participant's health care services; and |
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187 | 187 | | (2) deposit the remaining four percent into the |
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188 | 188 | | participant's health benefit account in accordance with Subchapter |
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189 | 189 | | E to cover the costs of eligible out-of-pocket health care |
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190 | 190 | | expenses. |
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191 | 191 | | Sec. 532A.0004. EXPIRATION. The program concludes and this |
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192 | 192 | | chapter expires September 1, 2031. |
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193 | 193 | | SUBCHAPTER B. PROGRAM ADMINISTRATION |
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194 | 194 | | Sec. 532A.0051. PROGRAM OBJECTIVE. The program's objective |
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195 | 195 | | is to enable eligible individuals to obtain, and to provide money to |
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196 | 196 | | participants to cover the costs of, health care services, including |
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197 | 197 | | dental health services, and prescription drugs in a manner that: |
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198 | 198 | | (1) offers convenient access to high-value care; |
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199 | 199 | | (2) prioritizes whole-person, person-centered, |
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200 | 200 | | coordinated primary care services; and |
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201 | 201 | | (3) lowers the overall costs for providing health care |
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202 | 202 | | services to participants over the course of the program. |
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203 | 203 | | Sec. 532A.0052. PROGRAM PROMOTION. The commission shall |
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204 | 204 | | promote and provide information on the program to individuals who |
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205 | 205 | | are potentially eligible to participate in the program. The |
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206 | 206 | | commission shall ensure the program's promotion is designed in a |
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207 | 207 | | manner to reach as many eligible individuals as possible. |
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208 | 208 | | Sec. 532A.0053. COMMISSION'S AUTHORITY RELATED TO |
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209 | 209 | | ELIGIBILITY AND MEDICAID COORDINATION. The commission may: |
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210 | 210 | | (1) accept applications for program participation and |
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211 | 211 | | implement program eligibility screening and enrollment procedures; |
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212 | 212 | | (2) resolve grievances related to eligibility |
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213 | 213 | | determinations; and |
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214 | 214 | | (3) to the extent possible, coordinate the program |
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215 | 215 | | with Medicaid and any exchange offering a health benefit plan under |
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216 | 216 | | the Patient Protection and Affordable Care Act (Pub. L. No. |
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217 | 217 | | 111-148), as amended by the Health Care and Education |
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218 | 218 | | Reconciliation Act of 2010 (Pub. L. No. 111-152). |
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219 | 219 | | SUBCHAPTER C. PROGRAM ELIGIBILITY |
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220 | 220 | | Sec. 532A.0101. ELIGIBILITY REQUIREMENTS. An individual is |
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221 | 221 | | eligible to participate in the program if: |
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222 | 222 | | (1) the individual is a: |
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223 | 223 | | (A) citizen or permanent resident of the United |
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224 | 224 | | States; and |
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225 | 225 | | (B) resident of this state; |
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226 | 226 | | (2) the individual is 19 years of age or older but |
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227 | 227 | | younger than 65 years of age; |
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228 | 228 | | (3) applying the eligibility criteria in effect in |
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229 | 229 | | this state on December 31, 2024, the individual is not eligible for |
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230 | 230 | | Medicaid; and |
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231 | 231 | | (4) federal money is available to provide benefits to |
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232 | 232 | | the individual under the program. |
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233 | 233 | | Sec. 532A.0102. APPLICATION FORM AND PROCEDURES. (a) The |
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234 | 234 | | executive commissioner shall adopt an application form and |
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235 | 235 | | application procedures for the program. The form and procedures |
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236 | 236 | | may be coordinated with Medicaid forms and procedures to ensure |
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237 | 237 | | there is a single consolidated application process to seek health |
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238 | 238 | | care services under the program or Medicaid. |
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239 | 239 | | (b) To the extent possible, the commission shall make the |
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240 | 240 | | application form available in languages other than English. |
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241 | 241 | | (c) The executive commissioner may permit an individual to |
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242 | 242 | | apply by mail, over the telephone, or through the Internet. |
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243 | 243 | | Sec. 532A.0103. ELIGIBILITY SCREENING AND ENROLLMENT. (a) |
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244 | 244 | | The executive commissioner shall adopt eligibility screening and |
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245 | 245 | | enrollment procedures or use the Texas Integrated Enrollment |
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246 | 246 | | Services eligibility determination system or a compatible or |
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247 | 247 | | successor system to screen individuals and enroll eligible |
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248 | 248 | | individuals in the program. |
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249 | 249 | | (b) The eligibility screening and enrollment procedures |
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250 | 250 | | must ensure that an individual applying for the program who appears |
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251 | 251 | | eligible for Medicaid is identified and assisted with obtaining |
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252 | 252 | | Medicaid coverage. If the individual is denied Medicaid coverage |
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253 | 253 | | but is otherwise determined eligible to participate in the program, |
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254 | 254 | | the commission shall enroll the individual in the program without |
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255 | 255 | | additional application or qualification. |
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256 | 256 | | (c) Not later than the 30th day after the date an individual |
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257 | 257 | | submits a complete application form and unless the individual is |
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258 | 258 | | identified and assisted with obtaining Medicaid coverage under |
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259 | 259 | | Subsection (b), the commission shall ensure that the individual's |
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260 | 260 | | eligibility to participate in the program is determined and that |
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261 | 261 | | the individual is enrolled in the program. |
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262 | 262 | | (d) At the time an eligible individual is enrolled in the |
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263 | 263 | | program and using the database the commission establishes under |
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264 | 264 | | Section 532A.0152, the commission shall assist the individual in |
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265 | 265 | | selecting an accessible, high-value primary care provider under the |
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266 | 266 | | program. A participant may: |
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267 | 267 | | (1) change the participant's primary care provider at |
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268 | 268 | | any time; and |
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269 | 269 | | (2) contact the commission for assistance in selecting |
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270 | 270 | | a new primary care provider. |
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271 | 271 | | Sec. 532A.0104. CONTINUOUS COVERAGE; ELIGIBILITY |
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272 | 272 | | REDETERMINATION AND DISENROLLMENT. (a) If authorized by the terms |
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273 | 273 | | of the waiver the executive commissioner seeks under Section |
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274 | 274 | | 532A.0002, the commission shall ensure that an individual who is |
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275 | 275 | | initially determined to be eligible to participate in the program |
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276 | 276 | | remains enrolled in the program until the program concludes. |
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277 | 277 | | (b) If the terms of the waiver the executive commissioner |
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278 | 278 | | seeks under Section 532A.0002 do not authorize continuous coverage |
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279 | 279 | | described by Subsection (a), the commission shall: |
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280 | 280 | | (1) redetermine a participant's eligibility to |
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281 | 281 | | participate in the program during the later of the 12th month |
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282 | 282 | | following the date the participant is initially enrolled in the |
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283 | 283 | | program or was most recently redetermined eligible for the program; |
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284 | 284 | | (2) to the extent possible, conduct an eligibility |
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285 | 285 | | redetermination automatically without requiring information from |
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286 | 286 | | the participant using information from verifiable electronic data |
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287 | 287 | | sources or that is otherwise available to the commission; |
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288 | 288 | | (3) not later than the 60th day before the expiration |
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289 | 289 | | of a participant's coverage period, take all reasonable steps to |
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290 | 290 | | notify the participant regarding the eligibility redetermination |
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291 | 291 | | process and request documentation necessary to redetermine the |
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292 | 292 | | participant's eligibility; |
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293 | 293 | | (4) disenroll a participant from the program if: |
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294 | 294 | | (A) the participant does not submit the requested |
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295 | 295 | | eligibility redetermination documentation on or before the last day |
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296 | 296 | | of the participant's coverage period; or |
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297 | 297 | | (B) the commission, based on the submitted |
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298 | 298 | | documentation, determines the participant is no longer eligible to |
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299 | 299 | | participate in the program; and |
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300 | 300 | | (5) ensure the eligibility redetermination process is |
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301 | 301 | | as seamless and contains as little administrative burden for the |
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302 | 302 | | participant as possible to facilitate the participant's successful |
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303 | 303 | | eligibility redetermination. |
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304 | 304 | | SUBCHAPTER D. HEALTH CARE PROVIDERS AND PROVISION OF HEALTH CARE |
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305 | 305 | | UNDER PROGRAM |
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306 | 306 | | Sec. 532A.0151. HEALTH CARE PROVIDER REGISTRATION AND |
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307 | 307 | | PRICING INFORMATION. (a) The commission shall establish a |
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308 | 308 | | streamlined registration process through which a health care |
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309 | 309 | | provider may register to participate in the program. |
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310 | 310 | | (b) As part of the registration process, a health care |
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311 | 311 | | provider may submit to the commission: |
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312 | 312 | | (1) information on: |
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313 | 313 | | (A) the provider's office location; and |
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314 | 314 | | (B) specific pricing information the provider |
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315 | 315 | | charges for a health care service, including pricing information |
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316 | 316 | | on, as applicable: |
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317 | 317 | | (i) capitated arrangements; |
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318 | 318 | | (ii) bundled services; |
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319 | 319 | | (iii) fee-for-service prices; and |
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320 | 320 | | (iv) health care services for which the |
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321 | 321 | | provider charges a nondiscriminatory price; and |
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322 | 322 | | (2) other information or data the provider determines |
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323 | 323 | | relevant to allow the commission and board to assess the provider's |
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324 | 324 | | value of care based on metrics that include: |
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325 | 325 | | (A) patient-reported health outcomes for |
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326 | 326 | | patients the provider serves; and |
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327 | 327 | | (B) the provider's quality of care provided based |
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328 | 328 | | on objective clinical metrics. |
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329 | 329 | | (c) The commission shall ensure a health care provider is |
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330 | 330 | | able to easily and timely update any information the provider |
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331 | 331 | | submits. |
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332 | 332 | | (d) A primary care provider charging a monthly or annual |
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333 | 333 | | capitated rate may not charge a participant for a health care |
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334 | 334 | | service, regardless of the payment model used to pay for the |
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335 | 335 | | service, in an amount that is greater than the amount specified for |
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336 | 336 | | that service in the pricing information submitted under this |
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337 | 337 | | section but may charge participants different amounts in accordance |
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338 | 338 | | with price categories the provider establishes based on age or |
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339 | 339 | | gender only if the provider charges the same price for all |
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340 | 340 | | participants in those price categories. |
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341 | 341 | | (e) The commission, in collaboration with the board, may |
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342 | 342 | | develop processes to ensure information on a health care provider's |
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343 | 343 | | pricing and quality of care is accurate and up-to-date to enable the |
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344 | 344 | | commission and board to adequately and meaningfully measure and |
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345 | 345 | | assess the provider's value of services for the purpose of |
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346 | 346 | | compiling and processing data under Section 532A.0152. |
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347 | 347 | | Sec. 532A.0152. VALUE OF CARE METRICS AND DATA; PROVIDER |
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348 | 348 | | DATABASE. (a) The commission may develop and use metrics to |
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349 | 349 | | measure and assess the value of care provided by program health care |
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350 | 350 | | providers who submit to the commission the information described by |
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351 | 351 | | Section 532A.0151. The metrics may: |
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352 | 352 | | (1) include measurements that demonstrate |
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353 | 353 | | improvements in an individual's objective and subjective health |
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354 | 354 | | outcomes relative to the cost of achieving those improvements; and |
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355 | 355 | | (2) be designed to measure as broad a range of health |
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356 | 356 | | care services as is practicable, including: |
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357 | 357 | | (A) primary care services; and |
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358 | 358 | | (B) specialty and major medical care services. |
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359 | 359 | | (b) The commission may compile and process data on a health |
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360 | 360 | | care provider's value of care based on the measurements and |
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361 | 361 | | assessments submitted to the commission by the provider or based on |
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362 | 362 | | information independently obtained by the commission or board. The |
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363 | 363 | | commission shall ensure the data is sufficient to enable a |
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364 | 364 | | participant to make informed decisions in selecting, including at |
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365 | 365 | | the time the participant is initially enrolled in the program, |
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366 | 366 | | health care providers that: |
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367 | 367 | | (1) are accessible to the participant; and |
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368 | 368 | | (2) provide high-value care. |
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369 | 369 | | (c) The commission may develop and maintain a public |
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370 | 370 | | machine-readable database of high-value program health care |
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371 | 371 | | providers as the commission and board determine in accordance with |
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372 | 372 | | this section. |
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373 | 373 | | (d) The commission shall collaborate with the board in |
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374 | 374 | | implementing this section. |
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375 | 375 | | Sec. 532A.0153. SPECIALTY AND MAJOR MEDICAL CARE. (a) The |
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376 | 376 | | med-pool or integrated health care organization with which a |
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377 | 377 | | participant enrolls shall pay the costs for providing the |
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378 | 378 | | participant's specialty and major medical care services, including |
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379 | 379 | | prescription drug costs related to those services. |
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380 | 380 | | (b) The board and commission shall develop and implement |
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381 | 381 | | procedures for a participant to seek and obtain payment for |
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382 | 382 | | specialty and major medical care costs the participant incurs. |
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383 | 383 | | Sec. 532A.0154. EMERGENCY CARE PRICING. Unless the board |
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384 | 384 | | determines otherwise or contracts for a lesser rate, emergency care |
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385 | 385 | | services provided to a participant through the med-pool or an |
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386 | 386 | | integrated health care organization will be reimbursed at the same |
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387 | 387 | | rate at which those services are reimbursed under the Medicare |
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388 | 388 | | program. |
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389 | 389 | | SUBCHAPTER E. HEALTH BENEFIT ACCOUNTS |
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390 | 390 | | Sec. 532A.0201. ESTABLISHMENT OF HEALTH BENEFIT ACCOUNTS. |
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391 | 391 | | (a) The comptroller, in collaboration with the commission and |
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392 | 392 | | board, shall establish and maintain for each participant a health |
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393 | 393 | | benefit account that is funded in accordance with this subchapter. |
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394 | 394 | | The comptroller may contract with a qualified entity to perform the |
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395 | 395 | | comptroller's duties under this subchapter. |
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396 | 396 | | (b) The comptroller shall establish an electronic portal or |
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397 | 397 | | similar system through which a participant may electronically |
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398 | 398 | | access and manage money in and information regarding the |
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399 | 399 | | participant's health benefit account. |
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400 | 400 | | Sec. 532A.0202. HEALTH BENEFIT ACCOUNT FUNDING. Subject to |
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401 | 401 | | Section 532A.0003, the comptroller shall fund each participant's |
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402 | 402 | | health benefit account with federal and state money in accordance |
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403 | 403 | | with Section 532A.0003(b). The amount deposited must be: |
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404 | 404 | | (1) equal for each participant based on the program's |
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405 | 405 | | total funding and the spending requirements prescribed in Section |
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406 | 406 | | 532A.0003; and |
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407 | 407 | | (2) in excess of money remaining in a participant's |
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408 | 408 | | health benefit account from a preceding coverage period, as |
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409 | 409 | | applicable. |
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410 | 410 | | Sec. 532A.0203. USE OF HEALTH BENEFIT ACCOUNT MONEY. (a) A |
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411 | 411 | | participant may use money in the participant's health benefit |
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412 | 412 | | account to pay primary care costs, including dental health costs, |
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413 | 413 | | prescription drug costs related to primary care services, and other |
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414 | 414 | | eligible out-of-pocket health care expenses. The comptroller shall |
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415 | 415 | | issue to the participant an electronic payment card that allows the |
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416 | 416 | | participant to use the card to pay costs described by this section. |
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417 | 417 | | (b) For purposes of this section, "eligible out-of-pocket |
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418 | 418 | | health care expense" means a health care-related expense not |
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419 | 419 | | covered by the primary care capitation rate, including copayments |
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420 | 420 | | for blood draws and other primary care services, over-the-counter |
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421 | 421 | | medications, vision care, and copayments that may be required for |
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422 | 422 | | specialty and major medical care services. |
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423 | 423 | | Sec. 532A.0204. CLOSING OF HEALTH BENEFIT ACCOUNT. If at |
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424 | 424 | | the end of a participant's coverage period the participant chooses |
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425 | 425 | | to cease participating in the program or is no longer eligible to |
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426 | 426 | | participate in the program, the comptroller shall close the |
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427 | 427 | | participant's health benefit account and the commission shall: |
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428 | 428 | | (1) recoup any money remaining in the account at the |
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429 | 429 | | time it is closed; and |
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430 | 430 | | (2) use the recouped money to continue to fund the |
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431 | 431 | | program in accordance with the spending requirements prescribed by |
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432 | 432 | | Section 532A.0003. |
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433 | 433 | | SUBCHAPTER F. MED-POOL |
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434 | 434 | | Sec. 532A.0251. ESTABLISHMENT. The med-pool is established |
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435 | 435 | | to provide specialty and major medical care services to |
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436 | 436 | | participants. |
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437 | 437 | | Sec. 532A.0252. BOARD OF DIRECTORS. (a) The med-pool is |
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438 | 438 | | governed by a board of directors. The board is composed of the |
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439 | 439 | | following seven members appointed by the executive commissioner: |
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440 | 440 | | (1) two members with appropriate expertise in health |
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441 | 441 | | insurance, risk pools, and the evaluation of risk within risk |
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442 | 442 | | pools; |
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443 | 443 | | (2) one member who is a licensed physician; |
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444 | 444 | | (3) one member with appropriate expertise in health |
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445 | 445 | | care technology; |
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446 | 446 | | (4) one member who is a representative of a federally |
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447 | 447 | | qualified health center; |
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448 | 448 | | (5) one member who is a representative of a community |
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449 | 449 | | health organization; and |
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450 | 450 | | (6) one public member. |
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451 | 451 | | (b) In making appointments under Subsection (a), the |
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452 | 452 | | executive commissioner shall make an effort to select board members |
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453 | 453 | | who reflect the ethnic and geographic diversity of this state. |
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454 | 454 | | (c) The board shall select from among the board members a |
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455 | 455 | | presiding officer. |
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456 | 456 | | Sec. 532A.0253. EXCESS LOSS COVERAGE AUTHORIZED. The board |
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457 | 457 | | may purchase excess loss coverage for the med-pool to the extent |
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458 | 458 | | available state money is insufficient to protect the med-pool |
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459 | 459 | | against actuarially projected financial losses the board |
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460 | 460 | | determines may place the med-pool's solvency in financial jeopardy. |
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461 | 461 | | Sec. 532A.0254. INVESTMENTS. (a) The board shall invest |
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462 | 462 | | med-pool money in accordance with Subchapter A, Chapter 2256, |
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463 | 463 | | Government Code, to the extent that law can be made applicable. |
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464 | 464 | | (b) In addition to investments authorized under Subchapter |
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465 | 465 | | A, Chapter 2256, Government Code, the board may invest med-pool |
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466 | 466 | | money in any investment authorized under Subtitle B, Title 9, |
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467 | 467 | | Property Code. |
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468 | 468 | | Sec. 532A.0255. AUDITS. (a) The board shall have the |
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469 | 469 | | med-pool's fiscal accounts and records audited annually by an |
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470 | 470 | | independent auditor. The audit must cover the med-pool's fiscal |
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471 | 471 | | year. |
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472 | 472 | | (b) The independent auditor must be a certified public |
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473 | 473 | | accountant or public accountant licensed by the Texas State Board |
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474 | 474 | | of Public Accountancy. |
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475 | 475 | | (c) The board shall file annually with the commission a copy |
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476 | 476 | | of the audit report. The commission shall make copies of the audit |
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477 | 477 | | reports available to the public on the commission's Internet |
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478 | 478 | | website. |
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479 | 479 | | Sec. 532A.0256. APPLICATION OF CERTAIN LAWS. The med-pool |
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480 | 480 | | is not: |
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481 | 481 | | (1) insurance or an insurer under the Insurance Code |
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482 | 482 | | and other laws of this state; or |
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483 | 483 | | (2) subject to regulation by the commissioner of |
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484 | 484 | | insurance or the Texas Department of Insurance. |
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485 | 485 | | Sec. 532A.0257. LOW-VALUE PROVIDER COPAYMENT. The med-pool |
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486 | 486 | | may require that a participant pay a copayment for services |
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487 | 487 | | received from a provider that the commission has designated as a |
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488 | 488 | | low-value provider unless a high-value provider is not available to |
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489 | 489 | | the participant. The participant may use money in the participant's |
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490 | 490 | | health benefit account to pay this expense. |
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491 | 491 | | SECTION 2. (a) The executive commissioner of the Health and |
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492 | 492 | | Human Services Commission shall: |
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493 | 493 | | (1) apply for and actively pursue from the Centers for |
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494 | 494 | | Medicare and Medicaid Services or another appropriate federal |
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495 | 495 | | agency the waiver as required by Section 532A.0002, Government |
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496 | 496 | | Code, as added by this Act, as soon as practicable after the |
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497 | 497 | | effective date of this Act; and |
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498 | 498 | | (2) begin operating the Texas Plan demonstration |
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499 | 499 | | program under Chapter 532A, Government Code, as added by this Act, |
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500 | 500 | | not later than September 1, 2026. |
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501 | 501 | | (b) The Health and Human Services Commission may delay |
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502 | 502 | | implementing this Act until the waiver described by Subsection |
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503 | 503 | | (a)(1) of this section is granted. |
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504 | 504 | | SECTION 3. This Act takes effect immediately if it receives |
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505 | 505 | | a vote of two-thirds of all the members elected to each house, as |
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506 | 506 | | provided by Section 39, Article III, Texas Constitution. If this |
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507 | 507 | | Act does not receive the vote necessary for immediate effect, this |
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508 | 508 | | Act takes effect September 1, 2025. |
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