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 | |
|
||
|
||
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. |