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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of services and resources to certain |
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individuals by a state supported living center and to the creation |
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of a schedule of support services a state supported living center |
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may provide and procedures for establishing applicable fees for |
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those services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.080, Human Resources Code, is |
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amended by amending Subsection (b) and adding Subsections (c), (d), |
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and (e) to read as follows: |
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(b) Notwithstanding any other law, a state supported living |
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center may provide nonresidential services to support an individual |
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if[:
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[(1) the individual:
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[(A)
is receiving services in a program funded by
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the department;
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[(B)
meets the eligibility criteria for the
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intermediate care facility for persons with an intellectual
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disability program; and
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[(C)
resides in the area in which the
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state
supported living center is located; and
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[(2)] the provision of services to the individual does |
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not interfere with the provision of services to a resident of the |
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state supported living center. |
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(c) The executive commissioner by rule shall establish: |
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(1) a list of services a state supported living center |
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may provide under a contract described by Subsection (a); and |
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(2) procedures for the commission to create, maintain, |
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and amend as needed a schedule of fees that a state supported living |
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center may charge for a service included in the list described by |
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Subdivision (1). |
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(d) In creating a schedule of fees, the commission shall: |
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(1) use the reimbursement rate for the applicable |
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service under the Medicaid program; or |
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(2) modify that rate with a written justification for |
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the modification and after holding a public hearing on the issue of |
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the modification. |
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(e) Notwithstanding Subsection (c), a state supported |
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living center, based on negotiations between the center and a |
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managed care organization, as defined by Section 533.001, |
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Government Code, may charge a fee for a service other than the fee |
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provided by the schedule of fees created by the commission under |
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this section. |
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SECTION 2. Not later than September 1, 2018, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules listing services a state supported living center |
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may provide under a contract and the procedures for the commission |
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to create the schedule of fees for those services, as required by |
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Section 161.080, Human Resources Code, as amended by this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |