Bill Text: TX HB3788 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to establishing the supporting medically fragile children program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-19 - Referred to Human Services [HB3788 Detail]
Download: Texas-2019-HB3788-Introduced.html
86R8450 KFF-F | ||
By: Bernal | H.B. No. 3788 |
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relating to establishing the supporting medically fragile children | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 32, Human Resources Code, is amended by | ||
adding Subchapter I to read as follows: | ||
SUBCHAPTER I. SUPPORTING MEDICALLY FRAGILE CHILDREN PROGRAM | ||
Sec. 32.401. DEFINITIONS. In this subchapter: | ||
(1) "Program" means the supporting medically fragile | ||
children program established under this subchapter. | ||
(2) "Section 1915(c) waiver program" has the meaning | ||
assigned by Section 531.001, Government Code. | ||
(3) "STAR Kids managed care program" means the STAR | ||
Kids managed care program operated under Section 533.00253, | ||
Government Code. | ||
Sec. 32.402. SUPPORTING MEDICALLY FRAGILE CHILDREN | ||
PROGRAM. (a) The commission shall develop and implement a program | ||
to provide financial assistance to eligible recipients who are in | ||
need of the assistance for purposes of receiving or continuing | ||
necessary health care services that have been delayed or denied | ||
under Medicaid, including care that has been denied pending appeal. | ||
Financial assistance under the program must be provided in the form | ||
of direct reimbursements to health care providers. | ||
(b) In establishing the program, the commission shall: | ||
(1) consult with appropriate stakeholders to | ||
determine: | ||
(A) application and eligibility requirements for | ||
receiving financial assistance under the program; and | ||
(B) how providers will be reimbursed with | ||
financial assistance granted through the program; and | ||
(2) designate a person within the commission to act as | ||
an ombudsman for the program and as a point of contact for | ||
recipients, recipients' families, and health care providers. | ||
Sec. 32.403. ELIGIBLE RECIPIENTS. To be eligible for | ||
assistance under the program, a recipient must be receiving | ||
benefits under: | ||
(1) a Section 1915(c) waiver program, including: | ||
(A) the Medically Dependent Children Program | ||
(MDCP); | ||
(B) the Community Living Assistance and Support | ||
Services (CLASS) waiver program; | ||
(C) the Home and Community-based Services (HCS) | ||
waiver program; and | ||
(D) the Deaf-Blind with Multiple Disabilities | ||
(DBMD) waiver program; or | ||
(2) the STAR Kids managed care program. | ||
Sec. 32.404. SUPPORTING MEDICALLY FRAGILE CHILDREN | ||
ACCOUNT. (a) The supporting medically fragile children account is | ||
an account in the general revenue fund. | ||
(b) The account consists of: | ||
(1) appropriations of money to the account by the | ||
legislature; | ||
(2) gifts, grants, including federal grants, and other | ||
donations received under Section 32.405; and | ||
(3) interest earned on the investment of money in the | ||
account. | ||
(c) Money in the account may be appropriated only to the | ||
commission for purposes of the program. | ||
(d) The account is exempt from the application of Section | ||
404.071, Government Code. | ||
Sec. 32.405. GIFTS, GRANTS, AND DONATIONS. The commission | ||
may accept gifts, grants, and donations from any source that are | ||
made for the purposes of the program. The commission shall deposit | ||
to the credit of the account money received under this section. | ||
Sec. 32.406. RULES. The executive commissioner shall adopt | ||
rules necessary to implement this section. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2019. |