Texas 2025 - 89th Regular

Texas Senate Bill SB2062 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2653 AND-D
2	2	By: Parker S.B. No. 2062
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to provision of and access to services for children with
10	10	certain health care needs, including access to certain Medicaid
11	11	waiver programs.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 526, Government Code, as
14	14	effective April 1, 2025, is amended by adding Section 526.0061 to
15	15	read as follows:
16	16	Sec. 526.0061. TEXAS PREGNANCY AND PARENT SUPPORT NETWORK
17	17	FOR CERTAIN EXPECTANT PARENTS. (a) In this section, "support
18	18	network" means the Texas pregnancy and parent support network
19	19	established under Subsection (b).
20	20	(b) The commission shall establish a statewide network of
21	21	service providers, including third-party patient navigators, for
22	22	expectant parents who receive a prenatal diagnosis for their unborn
23	23	child of a significant fetal anomaly, rare disorder, or other
24	24	chronic, medically complex condition or life-altering disability.
25	25	(c) A third-party patient navigator who provides services
26	26	under the support network shall:
27	27	(1) connect expectant and new parents with support and
28	28	advocacy groups and services, including support groups specific to
29	29	the diagnosis for their child and relevant to their child's
30	30	condition or disability; and
31	31	(2) assist expectant and new parents in navigating the
32	32	process of accessing and applying for home and community-based
33	33	supports and services for their child, including medically
34	34	dependent children (MDCP) waiver program diversion slots under
35	35	Section 546.0506.
36	36	SECTION 2. Section 532.0353, Government Code, as effective
37	37	April 1, 2025, is amended by amending Subsection (a) and adding
38	38	Subsection (a-1) to read as follows:
39	39	(a) The executive commissioner shall develop and implement:
40	40	(1) a Medicaid buy-in program for individuals with
41	41	disabilities as authorized by the Ticket to Work and Work
42	42	Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
43	43	Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
44	44	(2) subject to Subsection (a-1), a Medicaid buy-in
45	45	program for children with disabilities described by 42 U.S.C.
46	46	Section 1396a(cc)(1) whose family incomes do not exceed 300 percent
47	47	of the applicable federal poverty level, as authorized by the
48	48	Deficit Reduction Act of 2005 (Pub. L. No. 109-171).
49	49	(a-1) Notwithstanding any other law, the executive
50	50	commissioner by rule shall increase the maximum family income
51	51	prescribed by Subsection (a)(2) for determining eligibility for the
52	52	buy-in program to the maximum family income amount allowable,
53	53	considering available appropriations for that purpose.
54	54	SECTION 3. Subchapter K, Chapter 546, Government Code, as
55	55	effective April 1, 2025, is amended by adding Sections 546.05031
56	56	and 546.0506 to read as follows:
57	57	Sec. 546.05031. ASSESSMENT OF CERTAIN CHILDREN. To the
58	58	extent possible, the commission shall enroll a child in the
59	59	medically dependent children (MDCP) waiver program if the child:
60	60	(1) is on the interest list for the program;
61	61	(2) receives Supplemental Security Income (SSI) (42
62	62	U.S.C. Section 1381 et seq.); and
63	63	(3) meets the program's level of care criteria for
64	64	medical necessity for nursing facility care.
65	65	Sec. 546.0506. ALLOCATION AND RESERVATION OF DIVERSION
66	66	SLOTS. (a) To the extent possible, the commission shall allocate
67	67	and reserve a portion of medically dependent children (MDCP) waiver
68	68	program slots as diversion slots for children who:
69	69	(1) meet the program's level of care criteria for
70	70	medical necessity for nursing facility care; and
71	71	(2) are at high risk of being placed in an
72	72	institutional setting.
73	73	(b) A parent may apply for a nursing facility diversion slot
74	74	described by Subsection (a) after the child's birth if the newborn
75	75	child is determined to be at imminent risk of being placed in an
76	76	institutional setting.
77	77	SECTION 4. Subchapter B, Chapter 32, Human Resources Code,
78	78	is amended by adding Section 32.0521 to read as follows:
79	79	Sec. 32.0521. ELIGIBILITY FOR TEXAS HOME LIVING (TxHmL)
80	80	WAIVER PROGRAM. (a) In this section, "Section 1915(c) waiver
81	81	program" has the meaning assigned by Section 521.0001, Government
82	82	Code.
83	83	(b) To the extent permitted by federal law, an individual is
84	84	financially eligible to participate in the Texas home living
85	85	(TxHmL) waiver program if the individual's income is not more than
86	86	the special income limit established by the commission for other
87	87	Section 1915(c) waiver programs, including the home and
88	88	community-based services (HCS) waiver program.
89	89	(c) The commission may not require that an individual who
90	90	has an approved primary diagnosis of a related condition meet
91	91	intelligence quotient criteria to be eligible for the Texas home
92	92	living (TxHmL) waiver program.
93	93	SECTION 5. As soon as practicable after the effective date
94	94	of this Act, the executive commissioner of the Health and Human
95	95	Services Commission shall adopt rules necessary to implement the
96	96	changes in law made by this Act.
97	97	SECTION 6. Notwithstanding any other section of this Act,
98	98	in a state fiscal year, the Health and Human Services Commission is
99	99	not required to implement a provision in another section of this Act
100	100	imposing a duty on the commission to take an action, including a
101	101	provision that the commission determines would require adding
102	102	additional slots under the medically dependent children (MDCP)
103	103	waiver program or the Texas home living (TxHmL) waiver program,
104	104	unless money is specifically appropriated to the commission for
105	105	that fiscal year to carry out that duty. The commission may
106	106	implement the provision in that fiscal year to the extent other
107	107	funding is available to the commission for the implementation.
108	108	SECTION 7. If before implementing any provision of this Act
109	109	a state agency determines that a waiver or authorization from a
110	110	federal agency is necessary for implementation of that provision,
111	111	the agency affected by the provision shall request the waiver or
112	112	authorization and may delay implementing that provision until the
113	113	waiver or authorization is granted.
114	114	SECTION 8. This Act takes effect September 1, 2025.