S.B. No. 601
                                        AN ACT
    1-1  relating to certain educational programs and support services under
    1-2  a managed care Medicaid program.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 16, Article 4413(502), Revised Statutes,
    1-5  is amended to read as follows:
    1-6        Sec. 16.  ADMINISTRATION OF MEDICAID PROGRAM.  (a)  On
    1-7  approval by the federal government, the commission is the state
    1-8  agency designated to administer federal medical assistance funds.
    1-9        (b)  In adopting rules implementing a managed care Medicaid
   1-10  program, the commission shall establish guidelines for and require
   1-11  managed care organizations to provide education programs for
   1-12  providers and clients using a variety of techniques and mediums.
   1-13        (c)  A provider education program must include information
   1-14  on:
   1-15              (1)  Medicaid policies, procedures, eligibility
   1-16  standards, and benefits;
   1-17              (2)  the specific problems and needs of Medicaid
   1-18  clients; and
   1-19              (3)  the rights and responsibilities of Medicaid
   1-20  clients under the bill of rights and the bill of responsibilities
   1-21  prescribed by this section.
   1-22        (d)  A client education program must present information in a
   1-23  manner that is easy to understand.  A program must include
   1-24  information on:
    2-1              (1)  a client's rights and responsibilities under the
    2-2  bill of rights and the bill of responsibilities prescribed by this
    2-3  section;
    2-4              (2)  how to access health care services;
    2-5              (3)  how to access complaint procedures and the
    2-6  client's right to bypass the managed care organization's internal
    2-7  complaint system and use the notice and appeal procedures otherwise
    2-8  required by the Medicaid program;
    2-9              (4)  Medicaid policies, procedures, eligibility
   2-10  standards, and benefits;
   2-11              (5)  the policies and procedures of the managed care
   2-12  organization; and
   2-13              (6)  the importance of prevention, early intervention,
   2-14  and appropriate use of services.
   2-15        (e)  The commission by rule shall adopt a bill of rights and
   2-16  a bill of responsibilities for each person enrolled in the Medicaid
   2-17  program.  The bill of rights must address a client's right to:
   2-18              (1)  respect, dignity, privacy, confidentiality, and
   2-19  nondiscrimination;
   2-20              (2)  a reasonable opportunity to choose a health care
   2-21  plan and primary care provider and to change to another plan or
   2-22  provider in a reasonable manner;
   2-23              (3)  consent to or refuse treatment and actively
   2-24  participate in treatment decisions;
   2-25              (4)  ask questions and receive complete information
   2-26  relating to the client's medical condition and treatment options,
   2-27  including specialty care;
    3-1              (5)  access each available complaint process, receive a
    3-2  timely response to a complaint, and receive a fair hearing; and
    3-3              (6)  timely access to care that does not have any
    3-4  communication or physical access barriers.
    3-5        (f)  The bill of responsibilities must address a client's
    3-6  responsibility to:
    3-7              (1)  learn and understand each right the client has
    3-8  under the Medicaid program;
    3-9              (2)  abide by the health plan and Medicaid policies and
   3-10  procedures;
   3-11              (3)  share information relating to the client's health
   3-12  status with the primary care provider and become fully informed
   3-13  about service and treatment options; and
   3-14              (4)  actively participate in decisions relating to
   3-15  service and treatment options, make personal choices, and take
   3-16  action to maintain the client's health.
   3-17        (g)  The commission shall provide support and information
   3-18  services to a person enrolled in or applying for Medicaid coverage
   3-19  who experiences barriers to receiving health care services.  The
   3-20  commission shall give emphasis to assisting a person with an urgent
   3-21  or immediate medical or support need.  The commission may provide
   3-22  support and information services by contracting with a nonprofit
   3-23  organization that is not involved in providing health care, health
   3-24  insurance, or health benefits.  As a part of the support and
   3-25  information services required by this subsection, the commission or
   3-26  nonprofit organization shall:
   3-27              (1)  operate a statewide toll-free assistance telephone
    4-1  number that includes TDD lines and assistance for persons who speak
    4-2  Spanish;
    4-3              (2)  intervene promptly with the state Medicaid office,
    4-4  managed care organizations and providers, the Texas Department of
    4-5  Health, and any other appropriate entity on behalf of a person who
    4-6  has an urgent need for medical services;
    4-7              (3)  assist a person who is experiencing barriers in
    4-8  the Medicaid application and enrollment process and refer the
    4-9  person for further assistance if appropriate;
   4-10              (4)  educate persons so that they:
   4-11                    (A)  understand the concept of managed care;
   4-12                    (B)  understand their rights under the Medicaid
   4-13  program, including grievance and appeal procedures; and
   4-14                    (C)  are able to advocate for themselves;
   4-15              (5)  collect and maintain statistical information on a
   4-16  regional basis regarding calls received by the assistance lines and
   4-17  publish quarterly reports that:
   4-18                    (A)  list the number of calls received by region;
   4-19                    (B)  identify trends in delivery and access
   4-20  problems;
   4-21                    (C)  identify recurring barriers in the Medicaid
   4-22  system; and
   4-23                    (D)  indicate other problems identified with
   4-24  Medicaid managed care; and
   4-25              (6)  assist the state Medicaid office, managed care
   4-26  organizations and providers, and the Texas Department of Health in
   4-27  identifying and correcting problems, including site visits to
    5-1  affected regions if necessary.
    5-2        SECTION 2.  The importance of this legislation and the
    5-3  crowded condition of the calendars in both houses create an
    5-4  emergency and an imperative public necessity that the
    5-5  constitutional rule requiring bills to be read on three several
    5-6  days in each house be suspended, and this rule is hereby suspended,
    5-7  and that this Act take effect and be in force from and after its
    5-8  passage, and it is so enacted.