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.