75R13006 CLG-F
By Hilderbran, Naishtat H.B. No. 2084
Substitute the following for H.B. No. 2084:
By Hilderbran C.S.H.B. No. 2084
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a pilot project in which vouchers
1-3 are used for payment of certain health care services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 22, Human Resources Code, is amended by
1-6 adding Sections 22.032 and 22.033 to read as follows:
1-7 Sec. 22.032. VOUCHER PILOT PROJECT. (a) In this section:
1-8 (1) "Consumer" means a person who receives long-term
1-9 care services, personal assistance services, or respite services
1-10 under the pilot project established by the department under this
1-11 section.
1-12 (2) "Long-term care" means the provision of health
1-13 care, personal care, and assistance related to social services over
1-14 a sustained period to individuals of all ages and their families,
1-15 regardless of the setting in which the care is given.
1-16 (3) "Personal assistance service" has the meaning
1-17 assigned by Section 142.001, Health and Safety Code.
1-18 (4) "Respite services" has the meaning assigned by
1-19 Section 142.001, Health and Safety Code.
1-20 (b) The department by rule shall develop and ensure the
1-21 implementation of a pilot project in which the use of vouchers is
1-22 established as a payment option for the delivery of long-term care
1-23 services, personal assistance services, and respite services.
1-24 (c) In adopting rules under this section, the department
2-1 shall:
2-2 (1) consult with and seek the input of the work group
2-3 created under Section 22.033;
2-4 (2) work in conjunction with the Texas Rehabilitation
2-5 Commission, the comptroller, and any other appropriate agency to
2-6 develop the pilot project;
2-7 (3) design the pilot project in a manner in which a
2-8 private entity or local governmental entity applies with and is
2-9 approved by the Internal Revenue Service to act as the agent for a
2-10 consumer for the limited purpose of:
2-11 (A) computing federal and state employment
2-12 taxes;
2-13 (B) preparing and filing income tax forms and
2-14 reports; and
2-15 (C) distributing money to a long-term care,
2-16 personal assistance, or respite services provider after a deduction
2-17 for employment taxes;
2-18 (4) ensure that the pilot project is designed to
2-19 comply with federal and state tax laws;
2-20 (5) ensure that a consumer is the employer of and
2-21 retains control over the selection, management, and dismissal of an
2-22 individual providing long-term care, personal assistance, or
2-23 respite services;
2-24 (6) establish a system to ensure that a potential
2-25 consumer participating in the pilot project has adequate and
2-26 appropriate information, including the responsibilities of a
2-27 consumer under each payment option, to make an informed choice
3-1 among the payment options;
3-2 (7) require each consumer to sign a statement
3-3 acknowledging receipt of the information required by Subdivision
3-4 (6); and
3-5 (8) develop a system to monitor the pilot project to
3-6 ensure:
3-7 (A) adherence to existing applicable program
3-8 standards;
3-9 (B) appropriate use of funds; and
3-10 (C) consumer satisfaction with the delivery of
3-11 services.
3-12 (d) The Texas Rehabilitation Commission and comptroller
3-13 shall provide information to the department as necessary to
3-14 facilitate the development and implementation of the pilot project.
3-15 (e) The department shall implement the pilot project
3-16 statewide as part of the department's client-managed attendant
3-17 services program and in conjunction with the personal attendant
3-18 services program of the Texas Rehabilitation Commission.
3-19 (f) Not later than March 1, 1999, the department shall
3-20 submit to the governor and the 76th Legislature a report on the
3-21 feasibility of expanding the voucher payment pilot project
3-22 statewide to Medicaid-funded community-based service programs.
3-23 (g) This section expires September 1, 2002.
3-24 Sec. 22.033. WORK GROUP. (a) A work group is created to
3-25 assist the department in developing, implementing, and evaluating
3-26 the voucher payment pilot project under Section 22.032.
3-27 (b) The work group is composed of:
4-1 (1) representatives of the department, appointed by
4-2 the commissioner;
4-3 (2) representatives of the Texas Rehabilitation
4-4 Commission, appointed by the commissioner of that agency;
4-5 (3) consumers of long-term care, personal assistance,
4-6 or respite services, jointly appointed by the commissioner and the
4-7 commissioner of the Texas Rehabilitation Commission;
4-8 (4) advocates for persons with disabilities, jointly
4-9 appointed by the commissioner and the commissioner of the Texas
4-10 Rehabilitation Commission;
4-11 (5) advocates for the elderly, appointed by the
4-12 commissioner; and
4-13 (6) providers of long-term care, personal assistance,
4-14 or respite services, appointed by the commissioner.
4-15 (c) A majority of the members of the work group must be
4-16 composed of consumers of personal assistance services or respite
4-17 services.
4-18 (d) A member of the work group serves at the will of the
4-19 appointing agency.
4-20 (e) The commissioner and the commissioner of the Texas
4-21 Rehabilitation Commission shall jointly appoint a member of the
4-22 work group to serve as presiding officer, and members of the work
4-23 group shall elect any other necessary officers.
4-24 (f) The work group shall meet at the call of the presiding
4-25 officer.
4-26 (g) A member of the work group receives no additional
4-27 compensation for serving on the work group.
5-1 (h) The work group is not subject to Article 6252-33,
5-2 Revised Statutes.
5-3 (i) This section expires September 1, 2002.
5-4 SECTION 2. (a) This Act takes effect September 1, 1997.
5-5 (b) The Texas Department of Human Services shall establish
5-6 the pilot project required by Section 22.032, Human Resources Code,
5-7 as added by this Act, not later than January 1, 1998.
5-8 SECTION 3. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.