78R8721 CBH-D
By: Bivins S.B. No. 1862
A BILL TO BE ENTITLED
AN ACT
relating to statutory authority to reduce appropriations made by
the legislature to certain governmental entities providing health
services, human services, and related services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Notwithstanding any statute to the contrary, the
legislature, in its discretion, may determine the amount of each
appropriation of state funds. The amounts required by statute for
entities that receive state funds under Article II of the General
Appropriations Act may be reduced or eliminated in order to achieve
a balanced budget.
SECTION 2. Notwithstanding any statute to the contrary,
each health and human services agency, including any agency listed
in Section 531.001, Government Code, shall reduce its
expenditures, through a reduction in services provided or through a
reduction in other activities of the agency, as necessary to
operate within the amounts appropriated to the agency under Article
II of the General Appropriations Act. The comptroller of public
accounts or the commissioner of health and human services, as
appropriate, may direct an agency to reduce services or activities
in accordance with this section.
SECTION 3. The Texas Commission for the Blind shall take any
action necessary to operate the blindness education, screening, and
treatment program and other commission programs using available
funds.
SECTION 4. The Interagency Council on Early Childhood
Intervention shall reduce expenditures by:
(1) reducing, by 38 percent, activities to provide
intervention services for children with developmental delay or
children at risk of developmental delay and the families of those
children; and
(2) reducing and streamlining activities necessary in
relation to determining whether children are eligible for services
provided under the jurisdiction of the council and providing less
comprehensive services to eligible children while seeking to
maximize federal funds available under the Individuals with
Disabilities Education Act (IDEA) (20 U.S.C. Section 1471 et seq.)
or other law.
SECTION 5. The advisory committee to the Interagency
Council on Early Childhood Intervention is abolished.
SECTION 6. Notwithstanding Subchapter G, Chapter 403,
Government Code, the legislature may appropriate the available
earnings of any permanent fund established under that subchapter
and derived from tobacco proceeds to any strategy identified under
Article II of the General Appropriations Act. The comptroller
shall transfer funds from the permanent funds established under
Subchapter G, Chapter 403, Government Code, as necessary to
implement this section.
SECTION 7. The Texas Department of Health shall reduce
expenditures by consolidating operations and functions of the Texas
Primary Health Care Services Act and the Indigent Health Care and
Treatment Act.
SECTION 8. Notwithstanding Section 466.408, Government
Code, or any other law, unclaimed lottery proceeds collected and
deposited to the state-owned multicategorical teaching hospital
account may be appropriated to fund the Texas Health Steps program
(EPSDT).
SECTION 9. The Health and Human Services Commission and
other agencies responsible for administration of the state Medicaid
program shall reduce expenditures in that program by:
(1) eliminating benefits for persons eligible to
receive benefits under the medically needy program;
(2) reducing the income eligibility limit for children
under one year of age from 185 percent of the federal poverty level
to 133 percent of the federal poverty level;
(3) reducing the period of continuous eligibility for
a Medicaid recipient who is a child under 19 years of age until the
earlier of the 180th day after the date on which the child's
eligibility was determined or the child's 19th birthday;
(4) reducing and streamlining activities or imposing
additional requirements necessary in relation to determining
whether children are eligible for Medicaid benefits and related
benefits;
(5) reducing the income eligibility limit from 300
percent of the maximum Supplemental Security Income benefit rate to
100 percent of the maximum Supplemental Security Income benefit
rate for certain aged, blind, or disabled persons, including
persons who are residents of long-term care facilities and persons
who are not residents of long-term care facilities, whose
eligibility is based on the person's Supplemental Security Income;
(6) paying out-of-pocket costs under Medicare for
individuals who are dually eligible for Medicaid and Medicare only
to the extent required under federal law to accomplish cost savings
under Subdivision (5) of this section;
(7) terminating Medicaid eligibility for adults who
are receiving benefits in accordance with the Temporary Assistance
for Needy Families program and who fail to participate in a required
employment services program;
(8) reducing the income eligibility limit for pregnant
women from 185 percent of the federal poverty level to 133 percent
of the federal poverty level;
(9) managing expenditures for drugs provided through
the Medicaid vendor drug program by:
(A) establishing a preferred drug list for drugs
provided to recipients through the program and requiring
preauthorization for drugs not included on the preferred drug list;
and
(B) obtaining supplemental rebates from drug
manufacturers for drugs provided to recipients through the program;
(10) terminating funding for breast and cervical
screening and diagnostic services and other related services made
available under the breast and cervical cancer control program;
(11) terminating funding for graduate medical
education payments;
(12) reducing and streamlining administrative
activities associated with health-related services provided to
children in special education under the School Health and Related
Services program;
(13) terminating funding for chemical dependency
counseling and other substance abuse services;
(14) terminating funding for tuberculosis prevention
and control services provided by tuberculosis control clinics;
(15) terminating funding for services provided to
women and infants with high risk conditions under the Targeted Case
Management for High Risk Pregnant Women and High Risk Infants
program;
(16) ending programs to achieve system integration
across state- and federally funded health programs to the extent
the programs do not result in cost savings in the 2003-2005 fiscal
biennium, as directed by the Health and Human Services Commission;
(17) waiving statutorily imposed deadlines for
complying with informal dispute resolution procedures, including
procedures for informal dispute resolution for certain long-term
care facilities, as necessary to accomplish the purposes of the
informal dispute resolution process within available resources;
(18) imposing the quality assurance fee assessed under
Chapter 252, Health and Safety Code, on each facility owned by the
Texas Department of Mental Health and Mental Retardation, making
appropriate adjustments to the manner in which the fee is computed,
and using the fee to increase reimbursement rates for services
provided under the Medicaid program, for waiver programs for
persons with mental retardation, or for any other purpose approved
by the governor and the Legislative Budget Board; and
(19) requesting any waiver or authorization from a
federal agency determined to be necessary for implementation of any
provision of this section.
SECTION 10. The Health and Human Services Commission and
other agencies responsible for administration of the state child
health plan program shall reduce expenditures in that program by:
(1) reducing the income eligibility limit for enrolled
children from 200 percent of the federal poverty level to 150
percent of the federal poverty level;
(2) managing expenditures for drugs provided through
the program by establishing a preferred drug list for drugs
provided to enrolled children through the program;
(3) eliminating the program to provide health benefits
coverage to children who are qualified aliens;
(4) eliminating the program to provide health benefits
coverage for children of employees of charter schools, school
districts, and other educational districts;
(5) eliminating the program to provide basic coverage
under the Texas Employees Group Benefits Act for dependent children
of state employees;
(6) reducing the period of continuous eligibility for
an enrolled child until the earlier of the 180th day after the date
on which the child's eligibility was determined or the child's 19th
birthday;
(7) applying a waiting period that extends for a
period of 90 days after the date on which an enrolled child applies
for enrollment;
(8) increasing applicable copayments or other
cost-sharing provisions; and
(9) requesting any waiver or authorization from a
federal agency determined to be necessary for implementation of any
provision of this section.
SECTION 11. The Texas Department of Human Services shall
reduce expenditures by terminating the in-home and family support
program to grant benefits to adults and children with disabilities
who are living independently.
SECTION 12. The Texas Department of Mental Health and
Mental Retardation shall reduce expenditures by:
(1) consolidating facilities providing services to
persons with mental retardation while maintaining the total
capacity of those facilities in this state;
(2) consolidating facilities providing services to
persons with mental illness and operating those facilities at a
reduced capacity; and
(3) reducing state funding for community hospitals
providing services to persons with mental illness.
SECTION 13. Notwithstanding Section 2201.002, Government
Code, or any other law, the Texas capital trust fund may be used in
any manner necessary to support the infrastructure of facilities
for persons with mental retardation and mental illness.
SECTION 14. The Department of Protective and Regulatory
Services shall reduce expenditures by establishing monthly foster
care reimbursement rates within available funding.
SECTION 15. (a) The Texas Rehabilitation Commission shall
reduce expenditures by providing through the vocational
rehabilitation program operated by the commission:
(1) transition planning services to prepare persons
with disabilities for a successful transition to employment; and
(2) extended ongoing support services to enable
individuals to achieve and maintain employment.
(b) Notwithstanding any other law, services described by
Subsections (a)(1) and (2) of this section may not be provided
separately from the vocational rehabilitation program operated by
the Texas Rehabilitation Commission.
SECTION 16. 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 September 1, 2003.