78R6021 KEG-D

By:  Rodriguez                                                    H.B. No. 1196



A BILL TO BE ENTITLED

AN ACT

relating to certain limits on the use of money appropriated for 
purposes related to long-term care waiver programs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 531, Government Code, is 
amended by adding Section 531.02192 to read as follows:
	Sec. 531.02192.  USE OF MONEY APPROPRIATED FOR LONG-TERM 
CARE WAIVER PROGRAMS.  (a)  In this section, "long-term care waiver 
program" means:
		(1)  a home and community-based services waiver program  
for persons with mental retardation administered by the Texas 
Department of Mental Health and Mental Retardation, including the 
HCS-MRLA program;
		(2)  a Community-Based Alternatives (CBA) waiver 
program;            
		(3)  the Community Living Assistance and Support 
Services (CLASS) program;
		(4)  the Medically Dependent Children Program (MDCP); 
or             
		(5)  the Deaf, Blind, and Multiply Disabled program.                   
	(b)  If money is appropriated to the Texas Department of 
Human Services or the Texas Department of Mental Health and Mental 
Retardation expressly for purposes related to a long-term care 
waiver program, the commission, by rule, shall prohibit the use of 
the money by those agencies for any purpose other than:
		(1)  the establishment of the number of persons who may 
receive long-term care waiver program services and the maintenance 
of that effort;
		(2)  the provision of wraparound services that are 
specifically associated with long-term care waiver slots and that 
relate to transitional services, access to immediate housing, or 
transportation services; or
		(3)  the development and support of family-based 
alternatives for children under Section 531.055, as added by 
Chapter 590, Acts of the 77th Legislature, Regular Session, 2001.
	SECTION 2.  The Health and Human Services Commission shall 
adopt rules limiting the use of money appropriated for purposes 
related to long-term care waiver programs, as required by Section 
531.02192, Government Code, as added by this Act, not later than 
December 1, 2003.
	SECTION 3.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 4.  This Act takes effect September 1, 2003.