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.