78S40448 JRD-F

By:  Coleman                                                      H.B. No. 46 


A BILL TO BE ENTITLED
AN ACT
relating to certain essential health and human services programs; making appropriations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. PURPOSE. (a) The legislature finds that: (1) budget cuts to state-supported health and human services programs contained in Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), have been devastating to the most vulnerable Texans; (2) the failure to fund health care needs at the state level imposes an additional burden on local health care providers and local taxpayers across this state; (3) cuts to state health care expenditures not only result in a loss of federal matching funds but also have a negative impact on the economy of this state; and (4) additional funds are available for the legislature to appropriate during the 4th Called Session of the 78th Legislature. (b) Because of the conditions described by Subsection (a) of this section, it is the purpose of this Act to make appropriations for certain state-supported programs and services in order to restore, to the greatest extent possible, budget cuts made to health and human services programs during the 78th Legislature, Regular Session, 2003. SECTION 2. AMENDMENT. Section 11.28, Article IX, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), as amended by Chapters 8 and 10, Acts of the 78th Legislature, 3rd Called Session, 2003, is reenacted and amended to read as follows: Sec. 11.28. Appropriation of State Fiscal Relief Federal Funds and Reappropriation [for State Fiscal Relief] of Vetoed General Revenue Appropriations. (a) Notwithstanding other provisions of this Act, based upon the passage of federal legislation that provides federal funds for the purpose of state fiscal relief, such funds are appropriated to the agencies specified by Subsection (e) of this section for the purposes and in the amounts specified by Subsection (e) of this section [Comptroller of Public Accounts] in the fiscal year in which the funds are received, except to the extent that the funds have previously been made subject to a budget execution order adopted by the Governor and the Legislative Budget Board acting under Chapter 317, Government Code, and this section [for the purpose of transferring funds to state agencies for state fiscal relief, as directed by the Governor and Legislative Budget Board acting under Chapter 317, Government Code, and in accordance with this section]. [(b) The Legislative Budget Board and the Governor shall develop a plan that outlines the transfers of these funds, by fiscal year, agency, and strategy for the purpose of state fiscal relief. It is a priority of the Legislature that the plan of transfers will provide funding as follows: [(1) One-quarter of the amounts received for state fiscal relief may be used for partial restoration of reimbursement rates assumed in Article II of this Act to fiscal year 2003 levels. [(2) Restoration of the hours assumed in Community Care Programs at the Department of Human Services to fiscal year 2003. [(3) Such funds shall also be used for the items shown below in bill pattern order: [Texas Department of Health: [A.3.1, HIV & STD Education & Services [D.2.1, Community Health Services [Health and Human Services Commission: [B.2.3, Premiums: Pregnant Women (from 158% of the Federal Poverty Level to 185% of the Federal Poverty Level) [B.2.4, Premiums: Children/Medically Needy (for Medically Needy) [B.2.7, Cost Reimbursed Services (for Graduate Medical Education) [Department of Human Services: [A.1.1, Community Care - State [Department of Mental Health and Mental Retardation [C.1.1, MR Community Services [Department of Protective and Regulatory Services: [A.1.7, At-Risk Prevention Services [(4) Texas B-On-Time Loan Program.] (c) Notwithstanding Section 11.15(b) of this article, an amount equal to the sum of the General Revenue Fund and general revenue dedicated account appropriations contained in this Act that are vetoed by the Governor under Section 14, Article IV, Texas Constitution, is appropriated out of the General Revenue Fund or appropriate general revenue dedicated account to the agencies specified by Subsection (e) of this section for the purposes and in the amounts specified by Subsection (e) of this section [Comptroller of Public Accounts] for the state fiscal biennium beginning September 1, 2003, except to the extent that the funds have previously been made subject to a budget execution order adopted by the Governor and the Legislative Budget Board acting under Chapter 317, Government Code, and this section [for the purpose of transferring funds to state agencies for state fiscal relief, as directed by the Governor and Legislative Budget Board acting under Chapter 317, Government Code, and in accordance with subsection (b) of this section]. [(d) This section does not prohibit the Governor and the Legislative Budget Board, acting under Chapter 317, Government Code, from making an emergency transfer of money appropriated by this section, based on need, to an agency or for a purpose that is not described by subsection (b) of this section. [(c) In addition to the priorities established by Subsection (b) of this section, such funds shall also be used for the state child health plan, Goal C of the appropriations to the Health and Human Services Commission (insure children), to provide necessary and appropriate short-term evaluative or crisis intervention mental health services and services for the treatment of serious mental illness.] (d) It is the intent of the legislature that the agencies implementing the state Medicaid program allow [In addition to the priorities otherwise established by this section, it is also a priority of the Legislature that the plan provide funding to permit] a Medicaid recipient, including an adult recipient, to select a licensed psychologist, a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code, a licensed professional counselor, as defined by Section 503.002, Occupations Code, or a licensed master social worker, as defined by Section 505.002, Occupations Code, to perform professional counseling services or other health care services or procedures covered under the Medicaid program if the selected person is authorized by law to perform the counseling or other services or procedures. Money appropriated by this General Appropriations Act for the state Medicaid program may be spent for these purposes. (e) The amounts described by Subsections (a) and (c) of this section are appropriated for the periods prescribed by Subsections (a) and (c) of this section as follows: (1) $116 million to the Texas Department of Human Services for the purpose of restoring the number of hours and clients assumed in the community care programs to fiscal year 2003 levels; (2) $8.1 million to the Texas Department of Human Services for the purpose of restoring the personal needs allowance to not less than $60 a month for a resident of a convalescent or nursing home, personal care facility, ICF-MR facility, or other similar long-term care facility who receives such an allowance under the state Medicaid program; (3) $27.5 million to the Health and Human Services Commission for the purpose of restoring Medicaid coverage for approximately 8,300 pregnant women on an average monthly basis; (4) $129 million to the Health and Human Services Commission for the purpose of restoring eligibility criteria, to the extent possible under law, and restoring benefits for the state child health plan (CHIP) to fiscal year 2003 levels; (5) $26.9 million to the Health and Human Services Commission for the purpose of restoring optional benefits for adult Medicaid recipients to fiscal year 2003 levels, including mental health benefits and benefits for eyeglasses, hearing aids, podiatric care, and other services; (6) $6.6 million to the Texas Department of Health for the purpose of providing services to an additional approximately 1,500 chronically ill and disabled children on the waiting list for the Children with Special Health Care Needs program; (7) $3.2 million to the Department of Family and Protective Services for the purpose of restoring, to the greatest extent possible, reductions in adoption services and client services for families involved in active child abuse cases; (8) $17.4 million to the Department of Family and Protective Services for At-Risk Prevention Services, which provide support to community-based prevention programs that alleviate the conditions that lead to child abuse, child neglect, and juvenile crime, in addition to any other amounts appropriated to the department for all or part of the state fiscal biennium beginning September 1, 2003, that may be used for these programs; (9) $16.6 million to the Texas Department of Mental Health and Mental Retardation to restore In-Home and Family Support Program services to assist more than 2,946 Texans in living independently; (10) $36.6 million to the Texas Department of Mental Health and Mental Retardation for community mental health services, in addition to any other amounts appropriated to the department for all or part of the state fiscal biennium beginning September 1, 2003, that may be used for community mental health services; (11) $14.9 million to the Texas Department of Health for HIV & STD Education and Services to restore levels of services to fiscal year 2003 levels; (12) $28.6 million to the Health and Human Services Commission to restore the Medically Needy Program to assist approximately 10,000 Texans each month in paying health care expenses; and (13) $17.5 million to the Health and Human Services Commission for providing Medicaid benefits to adult recipients of Temporary Assistance for Needy Families. (f) Method of financing: Money appropriated under Subsections (c) and (e) of this section shall be made available to the agencies and for the purposes listed under Subsection (e) of this section based on the proportion that each amount appropriated under Subsection (e) of this section bears to the amount available under Subsection (c) of this section. Money appropriated under Subsections (a) and (e) of this section shall be made available to the agencies and for the purposes listed under Subsection (e) of this section based on the proportion that each amount appropriated under Subsection (e) of this section bears to the amount available under Subsection (a) of this section. SECTION 3. AMENDMENT. Section 3.02, Chapter 8, Acts of the 78th Legislature, 3rd Called Session, 2003, is amended to read as follows: Sec. 3.02. An amount of funds estimated to be $231,700,000 deposited to the credit of the general revenue fund in state fiscal year 2005 under Section 20.02(c), House Bill No. 3588, Acts of the 78th Legislature, Regular Session, 2003, as amended by this Act, is appropriated out of the general revenue fund for the state fiscal biennium beginning September 1, 2003, to replace an equal amount of federal fiscal relief funds utilized to certify general revenue appropriations made by House Bill No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act). The federal fiscal relief funds so replaced are appropriated [to the comptroller of public accounts] for the state fiscal biennium beginning September 1, 2003, to the agencies and for the purposes described by Section 11.28, Article IX, House Bill No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act). SECTION 4. AMENDMENT. Section 32.024(i), Human Resources Code, as amended by Chapters 198 and 1251, Acts of the 78th Legislature, Regular Session, 2003, is reenacted to read as follows: (i) The department in its adoption of rules shall establish a medically needy program that serves pregnant women, children, and caretakers who have high medical expenses, subject to availability of appropriated funds. SECTION 5. AMENDMENT. Section 32.024(w), Human Resources Code, is amended to read as follows: (w) The department shall set a personal needs allowance of not less than $60 [$45] a month for a resident of a convalescent or nursing home or related institution licensed under Chapter 242, Health and Safety Code, personal care facility, ICF-MR facility, or other similar long-term care facility who receives medical assistance. The department may send the personal needs allowance directly to a resident who receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not apply to a resident who is participating in a medical assistance waiver program administered by the department. SECTION 6. AMENDMENT. Section 32.027, Human Resources Code, is amended by adding Subsections (l) and (m) to read as follows: (l) The department shall assure that a recipient of medical assistance under this chapter may select a licensed psychologist, a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code, a licensed professional counselor, as defined by Section 503.002, Occupations Code, or a licensed master social worker, as defined by Section 505.002, Occupations Code, to perform professional counseling services covered under the medical assistance program or any other health care service or procedure covered under the medical assistance program if the selected person is authorized by law to perform the service or procedure. This subsection shall be liberally construed. (m) The department shall assure that a recipient of medical assistance under this chapter may select a licensed podiatrist to perform any foot health care service or procedure covered under the medical assistance program if the podiatrist is authorized by law to perform the service or procedure. This subsection shall be liberally construed. SECTION 7. PREVIOUS BUDGET EXECUTION ORDERS NOT AFFECTED. The changes in law made by this Act to Section 11.28, Article IX, Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act), as amended by Chapters 8 and 10, Acts of the 78th Legislature, 3rd Called Session, 2003, do not affect the validity of a budget execution order adopted by the governor and the Legislative Budget Board acting under the authority of Section 11.28 and Chapter 317, Government Code, before Section 11.28 was amended by this Act. SECTION 8. REPEALER. Sections 32.027(b) and (e), Human Resources Code, are repealed. SECTION 9. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.