Bill Text: TX SB29 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to certain Medicaid home and community-based services waiver programs.
Sponsorship: Partisan Bill (Democrat 1)
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 | |
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| 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. | ||
