By Nelson S.B. No. 1258
75R8185 CLG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of a pilot project in which vouchers
1-3 are used for payment of certain health care services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-6 amended by adding Section 531.047 to read as follows:
1-7 Sec. 531.047. VOUCHER PILOT PROJECT. (a) In this section:
1-8 (1) "Consumer" means a person who receives long-term
1-9 care services, personal assistance services, or respite services
1-10 under the pilot project established by the commission under this
1-11 section.
1-12 (2) "Long-term care" means the provision of health
1-13 care, personal care, and assistance related to social services over
1-14 a sustained period to individuals of all ages and their families,
1-15 regardless of the setting in which the care is given.
1-16 (3) "Personal assistance services"
1-17 means routine ongoing care or services required by an individual
1-18 in a residence or independent living environment that enable the
1-19 individual to engage in the activities of daily living or to
1-20 perform the physical functions required for independent living,
1-21 including respite services.
1-22 (4) "Respite services" has the meaning assigned by
1-23 Section 142.001, Health and Safety Code.
1-24 (b) The commission by rule shall develop a pilot project in
2-1 which the use of vouchers is established as a payment option for
2-2 the delivery of long-term care services, personal assistance
2-3 services, and respite services.
2-4 (c) In adopting rules under this section, the commission
2-5 shall:
2-6 (1) consult with and seek the input of consumers and
2-7 advocates for persons with disabilities;
2-8 (2) work in conjunction with the Texas Department of
2-9 Human Services, the Texas Rehabilitation Commission, the
2-10 comptroller, and any other appropriate agency to develop the pilot
2-11 project;
2-12 (3) design the pilot project in a manner in which a
2-13 private entity or local governmental entity applies with and is
2-14 approved by the Internal Revenue Service to act as the agent for a
2-15 consumer for the limited purpose of:
2-16 (A) computing federal and state employment
2-17 taxes;
2-18 (B) preparing and filing income tax forms and
2-19 reports; and
2-20 (C) distributing money to a long-term care,
2-21 personal assistance, or respite services provider after a deduction
2-22 for employment taxes;
2-23 (4) ensure that the pilot project is designed to
2-24 comply with federal and state tax laws;
2-25 (5) ensure that a consumer retains control over the
2-26 selection, management, and dismissal of an individual long-term
2-27 care, personal assistance, or respite services provider;
3-1 (6) ensure that a long-term care, personal assistance,
3-2 or respite services provider provides a consumer with appropriate
3-3 information as necessary before the consumer chooses a payment
3-4 option for services; and
3-5 (7) require a consumer to sign a statement that the
3-6 provider has explained the various payment options available for
3-7 long-term care services, personal assistance services, and respite
3-8 services and has provided the consumer with the information
3-9 required by Subdivision (6).
3-10 (d) The Texas Department of Human Services, Texas
3-11 Rehabilitation Commission, and comptroller shall provide
3-12 information to the commission as necessary to facilitate the
3-13 development and implementation of the pilot project.
3-14 (e) The commission shall implement the pilot project
3-15 statewide as part of the personal attendant services program of the
3-16 Texas Rehabilitation Commission and the client-managed attendant
3-17 services program of the Texas Department of Human Services.
3-18 (f) Not later than January 1, 1999, the Texas Department of
3-19 Human Services and Texas Rehabilitation Commission shall submit to
3-20 the commission a report concerning the effectiveness of the pilot
3-21 project.
3-22 (g) Not later than March 1, 1999, the commission shall
3-23 submit to the governor and the 76th Legislature a report on the
3-24 feasibility of expanding the voucher payment pilot project
3-25 statewide to Medicaid-funded long-term care facilities and
3-26 community-based service programs.
3-27 (h) This section expires September 1, 2002.
4-1 SECTION 2. (a) This Act takes effect September 1, 1997.
4-2 (b) The Health and Human Services Commission shall establish
4-3 the pilot project required by Section 531.047, Government Code, as
4-4 added by this Act, not later than January 1, 1998.
4-5 SECTION 3. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.