By Maxey H.B. No. 2873
76R7968 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of certain Medicaid waiver programs for
1-3 children with disabilities or special health care needs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-6 is amended by adding Section 32.052 to read as follows:
1-7 Sec. 32.052. WAIVER PROGRAMS FOR CHILDREN WITH DISABILITIES
1-8 OR SPECIAL HEALTH CARE NEEDS. (a) This section applies to
1-9 services under the medical assistance program provided to children
1-10 with disabilities or special health care needs under a waiver
1-11 granted under Section 1915(c) of the federal Social Security Act
1-12 (42 U.S.C. Section 1396n(c)).
1-13 (b) In this section, "permanency planning" means a
1-14 philosophy and planning process designed to achieve family support
1-15 through the facilitation of a permanent living arrangement that has
1-16 as its primary feature an enduring and nurturing parental
1-17 relationship.
1-18 (c) In developing and providing services subject to this
1-19 section, the department shall:
1-20 (1) fully assess a child at the time the child applies
1-21 for assistance to determine all appropriate services for the child
1-22 under the medical assistance program, including both waiver and
1-23 nonwaiver services;
1-24 (2) ensure that permanency planning is implemented to
2-1 identify and establish the family support necessary to maintain a
2-2 child's permanent living arrangement with a family;
2-3 (3) implement a transition and referral process to
2-4 prevent gaps in services received by a child that could otherwise
2-5 result from changes in the delivery system serving the child,
2-6 changes in the child's needs and eligibility status, or changes in
2-7 the child's residence;
2-8 (4) identify and provide core services addressing a
2-9 child's developmental needs and the needs of the child's family to
2-10 strengthen and maintain the child's family;
2-11 (5) provide for comprehensive coordination and use of
2-12 available services and resources in a manner that ensures that a
2-13 child's family is aware of all service options;
2-14 (6) ensure that eligibility requirements, assessments
2-15 for service needs, and other components of service delivery are
2-16 designed to be fair and equitable for all families, including
2-17 families with parents who work outside the home; and
2-18 (7) provide for a broad array of service options and a
2-19 reasonable choice of service providers.
2-20 (d) To ensure that services subject to this section are cost
2-21 neutral and not duplicative of other services provided under the
2-22 medical assistance program, the department shall coordinate the
2-23 provision of services subject to this section with services
2-24 provided under the Texas Health Steps Comprehensive Care Program.
2-25 (e) The department shall establish an advisory committee to
2-26 provide recommendations to the department on the delivery of
2-27 services subject to this section. The advisory committee must meet
3-1 regularly and must include parents of children receiving services
3-2 subject to this section and representatives of appropriate advocacy
3-3 organizations. The advisory committee shall provide recommendations
3-4 relating to:
3-5 (1) administration of services subject to this section
3-6 in a manner that eliminates duplication of services provided under
3-7 the Texas Health Steps Comprehensive Care Program;
3-8 (2) coordination of services;
3-9 (3) elimination of gaps in service delivery;
3-10 (4) policy development in a manner that demonstrates
3-11 sensitivity to the needs of children with disabilities and special
3-12 health needs and their families and to the goals of legislation
3-13 relating to services for those children and their families; and
3-14 (5) evaluation of the quality and effectiveness of
3-15 services subject to this section.
3-16 SECTION 2. If before implementing any provision of this Act
3-17 a state agency determines that a waiver or authorization from a
3-18 federal agency is necessary for implementation, the state agency
3-19 shall request the waiver or authorization and may delay
3-20 implementing that provision until the waiver or authorization is
3-21 granted.
3-22 SECTION 3. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.