1-1     By:  Hilderbran (Senate Sponsor - Nelson)             H.B. No. 2084

 1-2           (In the Senate - Received from the House May 12, 1997;

 1-3     May 13, 1997, read first time and referred to Committee on Health

 1-4     and Human Services; May 16, 1997, reported favorably by the

 1-5     following vote:  Yeas 10, Nays 0; May 16, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the establishment of a pilot project in which vouchers

 1-9     are used for payment of certain health care services.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 22, Human Resources Code, is amended by

1-12     adding Sections 22.032 and 22.033 to read as follows:

1-13           Sec. 22.032.  VOUCHER PILOT PROJECT.  (a)  In this section:

1-14                 (1)  "Consumer" means a person who receives long-term

1-15     care services, personal assistance services, or respite services

1-16     under the pilot project established by the department under this

1-17     section.

1-18                 (2)  "Long-term care" means the provision of health

1-19     care, personal care, and assistance related to social services over

1-20     a sustained period to individuals of all ages and their families,

1-21     regardless of the setting in which the care is given.

1-22                 (3)  "Personal assistance service" has the meaning

1-23     assigned by Section 142.001, Health and Safety Code.

1-24                 (4)  "Respite services" has the meaning assigned by

1-25     Section 142.001, Health and Safety Code.

1-26           (b)  The department by rule shall develop and ensure the

1-27     implementation of a pilot project in which the use of vouchers is

1-28     established as a payment option for the delivery of long-term care

1-29     services, personal assistance services, and respite services.

1-30           (c)  In adopting rules under this section, the department

1-31     shall:

1-32                 (1)  consult with and seek the input of the work group

1-33     created under Section 22.033;

1-34                 (2)  work in conjunction with the Texas Rehabilitation

1-35     Commission, the comptroller, and any other appropriate agency to

1-36     develop the pilot project;

1-37                 (3)  design the pilot project in a manner in which a

1-38     private entity or local governmental entity applies with and is

1-39     approved by the Internal Revenue Service to act as the agent for a

1-40     consumer for the limited purpose of:

1-41                       (A)  computing federal and state employment

1-42     taxes;

1-43                       (B)  preparing and filing income tax forms and

1-44     reports; and

1-45                       (C)  distributing money to a long-term care,

1-46     personal assistance, or respite services provider after a deduction

1-47     for employment taxes;

1-48                 (4)  ensure that the pilot project is designed to

1-49     comply with federal and state tax laws;

1-50                 (5)  ensure that a consumer is the employer of and

1-51     retains control over the selection, management, and dismissal of an

1-52     individual providing long-term care, personal assistance, or

1-53     respite services;

1-54                 (6)  establish a system to ensure that a potential

1-55     consumer participating in the pilot project has adequate and

1-56     appropriate information, including the responsibilities of a

1-57     consumer under each payment option, to make an informed choice

1-58     among the payment options;

1-59                 (7)  require each consumer to sign a statement

1-60     acknowledging receipt of the information required by Subdivision

1-61     (6); and

1-62                 (8)  develop a system to monitor the pilot project to

1-63     ensure:

1-64                       (A)  adherence to existing applicable program

 2-1     standards;

 2-2                       (B)  appropriate use of funds; and

 2-3                       (C)  consumer satisfaction with the delivery of

 2-4     services.

 2-5           (d)  The Texas Rehabilitation Commission and comptroller

 2-6     shall provide information to the department as necessary to

 2-7     facilitate the development and implementation of the pilot project.

 2-8           (e)  The department shall implement the pilot project

 2-9     statewide as part of the department's client-managed attendant

2-10     services program and in conjunction with the personal attendant

2-11     services program of the Texas Rehabilitation Commission.

2-12           (f)  Not later than March 1, 1999, the department shall

2-13     submit to the governor and the 76th Legislature a report on the

2-14     feasibility of expanding the voucher payment pilot project

2-15     statewide to Medicaid-funded community-based service programs.

2-16           (g)  This section expires September 1, 2002.

2-17           Sec. 22.033.  WORK GROUP.  (a)  A work group is created to

2-18     assist the department in developing, implementing, and evaluating

2-19     the voucher payment pilot project under Section 22.032.

2-20           (b)  The work group is composed of:

2-21                 (1)  representatives of the department, appointed by

2-22     the commissioner;

2-23                 (2)  representatives of the Texas Rehabilitation

2-24     Commission, appointed by the commissioner of that agency;

2-25                 (3)  consumers of long-term care, personal assistance,

2-26     or respite services, jointly appointed by the commissioner and the

2-27     commissioner of the Texas Rehabilitation Commission;

2-28                 (4)  advocates for persons with disabilities, jointly

2-29     appointed by the commissioner and the commissioner of the Texas

2-30     Rehabilitation Commission;

2-31                 (5)  advocates for the elderly, appointed by the

2-32     commissioner; and

2-33                 (6)  providers of long-term care, personal assistance,

2-34     or respite services, appointed by the commissioner.

2-35           (c)  A majority of the members of the work group must be

2-36     composed of consumers of personal assistance services or respite

2-37     services.

2-38           (d)  A member of the work group serves at the will of the

2-39     appointing agency.

2-40           (e)  The commissioner and the commissioner of the Texas

2-41     Rehabilitation Commission shall jointly appoint a member of the

2-42     work group to serve as presiding officer, and members of the work

2-43     group shall elect any other necessary officers.

2-44           (f)  The work group shall meet at the call of the presiding

2-45     officer.

2-46           (g)  A member of the work group receives no additional

2-47     compensation for serving on the work group.

2-48           (h)  The work group is not subject to Article 6252-33,

2-49     Revised Statutes.

2-50           (i)  This section expires September 1, 2002.

2-51           SECTION 2.  (a)  This Act takes effect September 1, 1997.

2-52           (b)  The Texas Department of Human Services shall establish

2-53     the pilot project required by Section 22.032, Human Resources Code,

2-54     as added by this Act, not later than January 1, 1998.

2-55           SECTION 3.  The importance of this legislation and the

2-56     crowded condition of the calendars in both houses create an

2-57     emergency and an imperative public necessity that the

2-58     constitutional rule requiring bills to be read on three several

2-59     days in each house be suspended, and this rule is hereby suspended.

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