Bill Text: TX HB37 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-06-07 - Referred to Human Services [HB37 Detail]
Download: Texas-2011-HB37-Introduced.html
82S10092 EES-D | ||
By: Guillen | H.B. No. 37 |
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relating to a pilot project to establish a comprehensive access | ||
point for long-term services and supports provided to older persons | ||
and persons with physical disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.0525 to read as follows: | ||
Sec. 531.0525. PILOT PROJECT TO ESTABLISH COMPREHENSIVE | ||
ACCESS POINT FOR LONG-TERM SERVICES AND SUPPORTS. (a) In this | ||
section: | ||
(1) "Aging and disability resource center" means a | ||
center established under the Aging and Disability Resource Center | ||
initiative funded in part by the federal Administration on Aging | ||
and the Centers for Medicare and Medicaid Services. | ||
(2) "Colocated long-term services and supports staff | ||
members" means: | ||
(A) long-term services and supports staff | ||
members who are located in the same physical office; or | ||
(B) long-term services and supports staff | ||
members who are not located in the same physical office but who work | ||
collaboratively through the use of the telephone or other | ||
technologies. | ||
(3) "Department of Aging and Disability Services staff | ||
members" includes community services staff members of the | ||
Department of Aging and Disability Services. | ||
(4) "Long-term services and supports" means long-term | ||
assistance or care provided to older persons and persons with | ||
physical disabilities through the Medicaid program or other | ||
programs. The term includes assistance or care provided through | ||
the following programs: | ||
(A) the primary home care program; | ||
(B) the community attendant services program; | ||
(C) the community-based alternatives program; | ||
(D) the day activity and health services program; | ||
(E) the promoting independence program; | ||
(F) a program funded through the Older Americans | ||
Act of 1965 (42 U.S.C. Section 3001 et seq.); | ||
(G) a community care program funded through Title | ||
XX of the federal Social Security Act (42 U.S.C. Section 301 et | ||
seq.); | ||
(H) the in-home and family support program; and | ||
(I) a nursing facility program. | ||
(5) "Long-term services and supports staff" means: | ||
(A) one or more of the commission's Medicaid | ||
eligibility determination staff members; | ||
(B) one or more Department of Aging and | ||
Disability Services staff members; and | ||
(C) one or more area agency on aging staff | ||
members. | ||
(6) "Pilot project site" means a location in an area | ||
served by the pilot project established under this section where | ||
colocated long-term services and supports staff members work | ||
collaboratively to provide information and tentatively assess | ||
functional and financial eligibility to initiate long-term | ||
services and supports. | ||
(7) "Tentative assessment of functional and financial | ||
eligibility" means an expedited preliminary screening of an | ||
applicant to determine Medicaid eligibility with the goal of | ||
initiating services within seven business days. The tentative | ||
assessment does not guarantee state payment for services. | ||
(b) Subject to availability of funds appropriated by the | ||
legislature for this purpose, the commission shall develop and | ||
implement a pilot project to establish a comprehensive access point | ||
system for long-term services and supports in which colocated | ||
long-term services and supports staff members work in collaboration | ||
to provide all necessary services in connection with long-term | ||
services and supports from the intake process to the start of | ||
service delivery. The pilot project must require that, at a | ||
minimum, the staff members work collaboratively to: | ||
(1) inform and educate older persons, persons with | ||
physical disabilities, and their family members and other | ||
caregivers about long-term services and supports for which they may | ||
qualify; | ||
(2) screen older persons and persons with physical | ||
disabilities requesting long-term services and supports; | ||
(3) provide a tentative assessment of functional and | ||
financial eligibility for older persons and persons with physical | ||
disabilities requesting long-term services and supports for which | ||
there are no interest lists; and | ||
(4) make final determinations of eligibility for | ||
long-term services and supports. | ||
(c) In developing and implementing the pilot project, the | ||
commission shall ensure that: | ||
(1) the pilot project site has colocated long-term | ||
services and supports staff members who are located in the same | ||
physical office; | ||
(2) the pilot project site serves as a comprehensive | ||
access point for older persons and persons with physical | ||
disabilities to obtain information about long-term services and | ||
supports for which they may qualify and access long-term services | ||
and supports in the site's service area; | ||
(3) the pilot project site is designed and operated in | ||
accordance with best practices adopted by the executive | ||
commissioner after the commission reviews best practices for | ||
similar initiatives in other states and professional policy-based | ||
research describing best practices for successful initiatives; | ||
(4) the colocated long-term services and supports | ||
staff members supporting the pilot project site include: | ||
(A) one full-time commission staff member who | ||
determines eligibility for the Medicaid program and who: | ||
(i) has full access to the Texas Integrated | ||
Eligibility Redesign System (TIERS); | ||
(ii) has previously made Medicaid long-term | ||
care eligibility determinations; and | ||
(iii) is dedicated primarily to making | ||
eligibility determinations for incoming clients at the site; | ||
(B) sufficient Department of Aging and | ||
Disability Services staff members to carry out the tentative | ||
functional and financial eligibility and screening functions at the | ||
site; | ||
(C) sufficient area agency on aging staff members | ||
to: | ||
(i) assist with the performance of | ||
screening functions and service coordination for services funded | ||
under the Older Americans Act of 1965 (42 U.S.C. Section 3001 et | ||
seq.), such as meals programs; and | ||
(ii) identify other locally funded and | ||
supported services that will enable older persons and persons with | ||
physical disabilities to continue to reside in the community to the | ||
extent reasonable; and | ||
(D) any available staff members from local | ||
service agencies; and | ||
(5) the colocated long-term services and supports | ||
staff members of the pilot project site: | ||
(A) process intakes for long-term services and | ||
supports in person or by telephone or through the Internet; | ||
(B) use a standardized screening tool to | ||
tentatively assess both functional and financial eligibility with | ||
the goal of initiating services within seven business days; | ||
(C) closely coordinate with local hospital | ||
discharge planners and staff members of extended rehabilitation | ||
units of local hospitals and nursing homes; and | ||
(D) inform persons about community-based | ||
services available in the area served by the pilot project. | ||
(d) The pilot project must be implemented in a single county | ||
or a multicounty area, as determined by the commission. The pilot | ||
project site must be located within an aging and disability | ||
resource center service area. If the commission finds that there is | ||
no aging and disability resource center that is willing or able to | ||
accommodate a pilot project site on the date the pilot project is to | ||
be implemented, the pilot project site may be located at another | ||
appropriate location. | ||
(e) Not later than January 31, 2013, the commission shall | ||
submit a report concerning the pilot project to the presiding | ||
officers of the standing committees of the senate and house of | ||
representatives having primary jurisdiction over health and human | ||
services. The report must: | ||
(1) contain an evaluation of the operation of the | ||
pilot project; | ||
(2) contain an evaluation of the pilot project's | ||
benefits for persons who received services; | ||
(3) contain a calculation of the costs and cost | ||
savings that can be attributed to implementation of the pilot | ||
project; | ||
(4) include a recommendation regarding adopting | ||
improved policies and procedures concerning long-term services and | ||
supports with statewide applicability, as determined from | ||
information obtained in operating the pilot project; | ||
(5) include a recommendation regarding the | ||
feasibility of expanding the pilot project to other areas of this | ||
state or statewide; and | ||
(6) contain the perspectives of service providers | ||
participating in the pilot project. | ||
(f) This section expires September 1, 2015. | ||
SECTION 2. Not later than December 31, 2011, the Health and | ||
Human Services Commission shall ensure that the pilot project site | ||
is in operation under the pilot project required by Section | ||
531.0525, Government Code, as added by this Act. | ||
SECTION 3. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |