By Naishtat H.B. No. 2804
74R2315 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to waivers and exemptions from certain regulations in the
1-3 field of health and human services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 4413(502), Revised Statutes, is amended
1-6 by adding Sections 14A and 14B to read as follows:
1-7 Sec. 14A. STATE WAIVERS. (a) Except as provided by
1-8 Subsection (d) of this section, a political subdivision of this
1-9 state may apply to the commissioner for a waiver of a requirement
1-10 or prohibition imposed by a state law or rule that is administered
1-11 by a health and human services agency.
1-12 (b) An application under this section must:
1-13 (1) have a clear focus;
1-14 (2) demonstrate that the waiver will improve consumer
1-15 health or facilitate access to services;
1-16 (3) demonstrate community involvement; and
1-17 (4) have a strong evaluation factor.
1-18 (c) The commissioner may grant a waiver under this section
1-19 only if the commissioner determines that the waiver is necessary to
1-20 improve consumer health or to facilitate access to services. The
1-21 commissioner may grant the waiver for a period not to exceed three
1-22 years.
1-23 (d) A political subdivision may not receive a waiver under
1-24 this section from a requirement:
2-1 (1) imposed by federal law or rule;
2-2 (2) relating to consumer health, safety, or civil
2-3 rights; or
2-4 (3) relating to conduct that constitutes a criminal
2-5 offense.
2-6 (e) The commissioner in considering a waiver request shall
2-7 provide as much regulatory relief as is practical and reasonable.
2-8 (f) The commissioner shall grant or deny a waiver request
2-9 not later than the 90th day after the date on which a completed
2-10 application is submitted.
2-11 Sec. 14B. FEDERAL WAIVERS AND EXEMPTIONS. (a) The
2-12 commission shall act as an advocate for necessary changes in
2-13 federal law or regulations.
2-14 (b) The commission shall work with political subdivisions of
2-15 this state to obtain federal exemptions and waivers to facilitate
2-16 innovative and effective health and human services programs.
2-17 SECTION 2. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.