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