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. 2-60 * * * * *