SRC-ARR S.B. 1258 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1258
76R3303 KKA-DBy: Moncrief
Health Services
4/4/1999
As Filed


DIGEST 

Currently, the Community Based Alternatives program, of the Texas
Department of Human Services pays Home and Community Support Services
Agencies (HCSSAs) $140 to assess potential clients for program eligibility.
Typically, these same HCSSAs then provide services to the clients. This
creates a conflict of interest on the part of the provider which could be
eliminated. S.B. 1258 would require that HCSSAs certify that clients for
Medicaid waiver programs cannot also serve the client except in cases where
there is already a relationship or in which there are no other readily
available providers. 

PURPOSE

As proposed, S.B. 1258 requires restrictions on certain providers of home
and community care under Medicaid waiver programs. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32B, Human Resources Code, by adding Section
32.052, as follows: 

Sec. 32.052. RESTRICTION ON HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
UNDER CERTAIN PROGRAMS. Requires the Texas Department of Human Services by
rule to prohibit a home and community support services agency licensed
under Chapter 142, Health and Safety Code, from providing services under a
medical assistance program authorized by federal waiver to a person whom
the agency assessed and certified as eligible to receive the service,
unless certain conditions exits. 

SECTION 2. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 3. Emergency clause.