By Zaffirini, et al.                            S.B. No. 1165

      75R5912 KKA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to managed care under the state Medicaid program for

 1-3     children with special health care needs.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5                                  ARTICLE 1

 1-6           SECTION 1.01.  Section 16A, Article 4413(502), Revised

 1-7     Statutes, is amended by amending Subsection (n) and adding

 1-8     Subsections (o) and (p) to read as follows:

 1-9           (n)  The commission may not require a child with special

1-10     health care needs who is eligible for medical assistance under

1-11     Chapter 32, Human Resources Code, to enroll in a managed care plan

1-12     to receive health care services.  In cooperation with the Texas

1-13     Department of Health, the commission shall:

1-14                 (1)  monitor and assess health care services provided

1-15     to children with special health care needs who voluntarily receive

1-16     services under a managed care plan;

1-17                 (2)  adopt specific quality of care standards

1-18     applicable to health care services provided under managed care

1-19     plans to children with special health care needs; and

1-20                 (3)  develop managed care pilot programs designed for

1-21     children with special health care needs.

1-22           (o)  The commission by rule shall prescribe qualifications

1-23     for classification of a child as a "child with special health care

1-24     needs" for purposes of Subsection (n) of this section. In

 2-1     prescribing qualifications, the commission must include children

 2-2     with:

 2-3                 (1)  severe disabilities;

 2-4                 (2)  medically complex or fragile conditions; and

 2-5                 (3)  rare, complex, or chronic health care conditions

 2-6     that are likely to last at least one year and result in limitations

 2-7     of function and activities in comparison with healthy children of

 2-8     the same age.

 2-9           (p)  This section expires September 1, 2001.

2-10                                  ARTICLE 2

2-11           SECTION 2.01.  Subchapter B, Chapter 532, Government Code, as

2-12     added by Acts of the 75th Legislature, Regular Session, 1997,

2-13     relating to nonsubstantive additions to and corrections in enacted

2-14     codes, is amended by adding Section 532.112 to read as follows:

2-15           Sec. 532.112.  CHILDREN WITH SPECIAL HEALTH CARE NEEDS.  (a)

2-16     The commission may not require a child with special health care

2-17     needs who is eligible for medical assistance under Chapter 32,

2-18     Human Resources Code, to enroll in a managed care plan to receive

2-19     health care services.

2-20           (b)  In cooperation with the Texas Department of Health, the

2-21     commission shall:

2-22                 (1)  monitor and assess health care services provided

2-23     to children with special health care needs who voluntarily receive

2-24     services under a managed care plan;

2-25                 (2)  adopt specific quality of care standards

2-26     applicable to health care services provided under managed care

2-27     plans to children with special health care needs; and

 3-1                 (3)  develop managed care pilot programs designed for

 3-2     children with special health care needs.

 3-3           (c)  The commission by rule shall prescribe qualifications

 3-4     for classification of a child as a "child with special health care

 3-5     needs" for purposes of this section. In prescribing

 3-6     qualifications, the commission must include children with:

 3-7                 (1)  severe disabilities;

 3-8                 (2)  medically complex or fragile conditions; and

 3-9                 (3)  rare, complex, or chronic health care conditions

3-10     that are likely to last at least one year and result in limitations

3-11     of function and activities in comparison with healthy children of

3-12     the same age.

3-13           (d)  This section expires September 1, 2001.

3-14                                  ARTICLE 3

3-15           SECTION 3.01.  Article 1 of this Act takes effect only if

3-16     H.B. No. 1845 or S.B. No. 898, Acts of the 75th Legislature,

3-17     Regular Session, 1997, relating to nonsubstantive additions to and

3-18     corrections in enacted codes, does not take effect.

3-19           SECTION 3.02.  Article 2 of this Act takes effect only if

3-20     H.B. No. 1845 or S.B. No. 898, Acts of the 75th Legislature,

3-21     Regular Session, 1997, relating to nonsubstantive additions to and

3-22     corrections in enacted codes, takes effect.

3-23           SECTION 3.03.  This Act takes effect September 1, 1997.

3-24           SECTION 3.04.  The importance of this legislation and the

3-25     crowded condition of the calendars in both houses create an

3-26     emergency and an imperative public necessity that the

3-27     constitutional rule requiring bills to be read on three several

 4-1     days in each house be suspended, and this rule is hereby suspended.