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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for and access to certain Medicaid |
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waiver programs, including the medically dependent children (MDCP) |
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and the Texas home living (TxHmL) waiver programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.06012 and 531.06041 and amending |
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Section 531.0604 to read as follows: |
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Sec. 531.06012. MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER |
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PROGRAM DIVERSION SLOTS. To the extent possible, the commission |
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shall increase the number of medically dependent children (MDCP) |
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waiver program diversion slots for children who are medically |
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fragile and at high risk of being placed in an institutional |
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setting. |
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Sec. 531.0604. MEDICALLY DEPENDENT CHILDREN PROGRAM |
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ELIGIBILITY REQUIREMENTS; NURSING FACILITY LEVEL OF CARE. To the |
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extent allowed by federal law, the commission may not require that a |
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child reside in a nursing facility for: |
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(1) an extended period of time to meet the nursing |
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facility level of care required for the child to be determined |
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eligible for the medically dependent children (MDCP) waiver |
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program; or |
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(2) any period of time to meet the nursing facility |
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level of care required for the child to be determined eligible for |
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the medically dependent children (MDCP) waiver program if the child |
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is: |
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(A) medically fragile; and |
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(B) accessing the program through a "Money |
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Follows the Person" demonstration project. |
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Sec. 531.06041. TRANSITION OF CERTAIN CHILDREN TO MEDICALLY |
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DEPENDENT CHILDREN (MDCP) WAIVER PROGRAM. The commission shall |
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transition a child from another Section 1915(c) waiver program to |
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the medically dependent children (MDCP) waiver program if the |
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child: |
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(1) receives Supplemental Security Income (SSI) (42 |
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U.S.C. Section 1381 et seq.); and |
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(2) meets the program's level of care criteria for |
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medical necessity for nursing facility care. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0521 to read as follows: |
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Sec. 32.0521. ELIGIBILITY FOR TEXAS HOME LIVING (TxHmL) |
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WAIVER PROGRAM. (a) In this section, "Section 1915(c) waiver |
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program" has the meaning assigned by Section 531.001, Government |
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Code. |
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(b) To the extent permitted by federal law, an individual is |
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financially eligible to participate in the Texas home living |
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(TxHmL) waiver program if the individual's family income is not |
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more than the special income limit established by the commission |
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for other Section 1915(c) waiver programs, including the home and |
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community-based services (HCS) waiver program. |
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(c) The commission may not require that an individual who |
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has an approved primary diagnosis of a related condition meet |
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intelligence quotient criteria to be eligible for the Texas home |
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living (TxHmL) waiver program. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2023. |