HOUSE CONCURRENT RESOLUTION
1-1 WHEREAS, Serving Medicaid long-term care clients in the
1-2 community has been shown to be a cost-effective alternative to
1-3 institutional care, and many clients would strongly prefer to
1-4 remain in their homes, if possible, rather than enter a nursing
1-5 facility; and
1-6 WHEREAS, In 1993, the Texas Department of Human Services
1-7 (TDHS) applied for a federal waiver to provide community-based
1-8 services to as many as 22,000 clients who would otherwise receive
1-9 nursing home care; and
1-10 WHEREAS, Due to funding constraints, the 74th Legislature
1-11 appropriated enough to fund only 13,100 waiver slots for the past
1-12 biennium; and
1-13 WHEREAS, Currently, as many as 6,100 authorized slots remain
1-14 unused in the program while approximately 2,000 Texans have applied
1-15 for community-based services and have been placed on a waiting
1-16 list; as a result, these individuals must either become nursing
1-17 home residents even though they do not want to be, or choose to go
1-18 without care; and
1-19 WHEREAS, TDHS previously had unrestricted ability to fund
1-20 shortfalls in one program with surpluses in another by transferring
1-21 money among line items within its overall budget; however, the
1-22 agency's interpretation of current law prevents such transfers to
1-23 expand community-based services without explicit legislative
1-24 direction; and
2-1 WHEREAS, The state must now submit a waiver amendment to the
2-2 Health Care Financing Administration to reduce the number of waiver
2-3 slots to correspond to the funding limitations in the
2-4 appropriations bill; and
2-5 WHEREAS, In its report to the 75th Legislature, the
2-6 Comptroller of Public Accounts recommended that the Community Based
2-7 Alternatives program be enhanced to serve as many Texans as
2-8 possible, and the Texas Legislature is convinced that taking such
2-9 action will greatly benefit individual Texans who need long-term
2-10 care and will prove to be a more cost-effective use of public
2-11 funds; now, therefore, be it
2-12 RESOLVED, That the 75th Legislature of the State of Texas
2-13 hereby direct the Texas Department of Human Services to fill as
2-14 many slots in the Community Based Alternatives program as there are
2-15 eligible clients; and, be it further
2-16 RESOLVED, That in implementing this directive, TDHS and HHSC,
2-17 as appropriate, take the following steps:
2-18 (1) monitor expenditures by HHS agencies and to the extent
2-19 possible transfer funds not needed by HHS agencies to fill the
2-20 slots in the Community Based Alternatives program;
2-21 (2) show in its budget outcome measures a level of certainty
2-22 that Community Based Alternatives clients are diverted from nursing
2-23 home care;
2-24 (3) work with the Legislative Budget Board to develop the
2-25 outcome measures; and
2-26 (4) adopt any further amendments to eligibility criteria
2-27 necessary to achieve the budget outcome measures; and, be it
3-1 further
3-2 RESOLVED, That TDHS, subject to the budget outcome measures
3-3 and budget neutrality requirements mentioned above and with
3-4 concurrence from the Health and Human Services Commission and the
3-5 Legislative Budget Board, petition the Health Care Financing
3-6 Administration for additional Community Based Alternatives waiver
3-7 slots beyond the original 22,000 requested in the waiver
3-8 application of 1993; and, be it further
3-9 RESOLVED, That the secretary of state forward an official
3-10 copy of this resolution to the commissioner of human services of
3-11 the Texas Department of Human Services.
Naishtat
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.C.R. No. 151 was adopted by the House on May
16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.C.R. No. 151 was adopted by the Senate on
May 26, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor