78S40448 JRD-F
By: Shapleigh S.B. No. 14
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.