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.