Bill Text: TX SB29 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to certain Medicaid home and community-based services waiver programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-28 - Referred to Health & Human Services [SB29 Detail]

Download: Texas-2013-SB29-Introduced.html
 
 
  By: Zaffirini S.B. No. 29
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain Medicaid home and community-based services
  waiver programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Sections 32.0521 and 32.0522 to read as
  follows:
         Sec. 32.0521.  MEDICALLY FRAGILE WAIVER PROGRAM FOR
  MEDICALLY FRAGILE INDIVIDUALS. (a)  The department shall develop
  and apply for a waiver under Section 1915(c), Social Security Act
  (42 U.S.C. Section 1396n(c)), to provide the state with the
  flexibility to provide medical assistance services outside the
  scope, amount, or duration of nonwaiver services available to
  medically fragile individuals who are at least 21 years of age and
  who require a hospital level of care under the medical assistance
  program.
         (b)  The medically fragile waiver program under this section
  must include coverage for:
               (1)  advanced supportive and restorative services;
               (2)  case management services;
               (3)  environmental modifications;
               (4)  home-delivered meals;
               (5)  hospice care;
               (6)  occupational therapy;
               (7)  personal care;
               (8)  prescribed drugs;
               (9)  personal emergency response systems;
               (10)  physical therapy;
               (11)  private duty nursing;
               (12)  respiratory therapy;
               (13)  respite care;
               (14)  skilled nursing;
               (15)  specialized medical equipment and supplies; and
               (16)  speech therapy.
         (c)  The department may not require that a medically fragile
  or technology-dependent individual who meets the eligibility
  criteria for the medically fragile waiver program be placed in an
  alternative institutional living arrangement as a condition for
  receiving services under the medicaid program.
         (d)  To ensure that services subject to this section are cost
  neutral and not duplicative of other services provided under the
  medical assistance program, the department shall coordinate the
  provision of services subject to this section with services
  provided under other federal waiver programs.
         Sec. 32.0522.  LEVELS OF NEED IN HOME AND COMMUNITY-BASED
  SERVICES WAIVER PROGRAM. (a)  The department shall develop and
  apply for a waiver amendment under Section 1915(c), Social Security
  Act (42 U.S.C. Section 1396n(c)), to establish a level of need for
  use in the Home and Community-based Services waiver program to
  assess individuals who are at least 21 years of age and may require
  continuous, intensive, and specialized medical support to ensure
  that those individuals may receive that support.
         (b)  The individual cost limit for an individual assigned the
  level of need established under this section must be equal to or
  greater than the individual cost limit for an individual assigned a
  level of need that includes the receipt of the most intensive
  behavioral health support under the Home and Community-based
  Services waiver program.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver, an amendment to an existing
  waiver, or another authorization from a federal agency is necessary
  for implementation of that provision, the agency affected by the
  provision shall request the waiver, amendment to the existing
  waiver, or other authorization and may delay implementing that
  provision until the waiver, amendment, or authorization is granted.
         SECTION 3.  This Act takes effect September 1, 2013.
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