By Moncrief S.B. No. 1258 76R3303 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to restrictions applicable to certain providers of home 1-3 and community care under Medicaid waiver programs. 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. RESTRICTION ON HOME AND COMMUNITY SUPPORT 1-8 SERVICES AGENCIES UNDER CERTAIN PROGRAMS. The department by rule 1-9 shall prohibit a home and community support services agency 1-10 licensed under Chapter 142, Health and Safety Code, from providing 1-11 services under a medical assistance program authorized by federal 1-12 waiver to a person whom the agency assessed and certified as 1-13 eligible to receive the services, unless: 1-14 (1) the agency had an established professional 1-15 relationship with the person before performing the assessment and 1-16 certification; or 1-17 (2) alternate service providers are not reasonably 1-18 available in the geographical area in which the person resides. 1-19 SECTION 2. (a) This Act takes effect September 1, 1999. 1-20 (b) Section 32.052, Human Resources Code, as added by this 1-21 Act, applies only to an assessment and certification of a person's 1-22 eligibility for services under a Medicaid waiver program performed 1-23 by a home and community support services agency on or after the 1-24 effective date of this Act. A home and community support services 2-1 agency that assesses and certifies a person before the effective 2-2 date of this Act may provide services to the person after 2-3 certification in accordance with the former law, and the former law 2-4 is continued in effect for that purpose. 2-5 SECTION 3. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended.