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.