80R16531 E
 
  By: Davis of Harris H.B. No. 3792
 
Substitute the following for H.B. No. 3792:
 
  By:  Coleman C.S.H.B. No. 3792
 
A BILL TO BE ENTITLED
AN ACT
relating to tailored benefit packages for certain categories of the
Medicaid population.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.097 to read as follows:
       Sec. 531.097.  TAILORED BENEFIT PACKAGES FOR CERTAIN
CATEGORIES OF THE MEDICAID POPULATION.  (a)  If the commission
determines it is cost-effective, the commission shall seek a waiver
under Section 1115 of the federal Social Security Act (42 U.S.C.
Section 1315) to develop and implement tailored benefit packages
designed to:
             (1)  provide Medicaid benefits that are customized to
meet the health care needs of recipients within defined categories
of the Medicaid population;
             (2)  improve health outcomes for those recipients;
             (3)  improve those recipients' access to services; and
             (4)  achieve cost savings and efficiency.
       (b)  Each tailored benefit package developed under this
section must include:
             (1)  a basic set of benefits that are provided under all
tailored benefit packages;
             (2)  a set of benefits customized to meet the health
care needs of recipients in the defined category of the Medicaid
population to which the package applies; and
             (3)  to the extent feasible, services to integrate the
management of a recipient's acute and long-term care needs.
       (c)  A tailored benefit package developed under this section
may include any service available under the state Medicaid plan or
under any federal Medicaid waiver, including any preventive health
or wellness service.
       (d)  The executive commissioner, by rule, shall define each
category of recipients to which a tailored benefit package applies
and a mechanism for appropriately placing recipients in specific
categories.  Recipient populations to which a package applies may
include:
             (1)  persons with disabilities or special health needs;
             (2)  elderly persons;
             (3)  children; and
             (4)  working-age parents and caretaker relatives.
       (e)  The commission may make a payment for a service provided
under a tailored benefit package developed under this section only
if the service is medically necessary and provided in accordance
with state and federal law.
       (f)  A tailored benefit package developed under this section
shall increase state flexibility in its use of Medicaid funding,
and not reduce state plan benefits for any Medicaid recipient
population.
       (g)  The commission shall offer the Early Periodic
Screening, Diagnosis, and Treatment (EPSDT) services as required by
federal law.
       SECTION 2.  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 3.  This Act takes effect September 1, 2007.