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A BILL TO BE ENTITLED
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AN ACT
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relating to the transfer of money appropriated to provide |
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institutional care for certain persons to provide community-based |
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services to those persons. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0921 to read as follows: |
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Sec. 531.0921. PROGRAM FOR FUNDING COMMUNITY-BASED |
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SERVICES FOR PERSONS PREVIOUSLY RECEIVING INSTITUTIONAL CARE. (a) |
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In this section: |
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(1) "ICF-MR" has the meaning assigned by Section |
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531.002, Health and Safety Code. |
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(2) "Large ICF-MR facility" means an ICF-MR facility |
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that has 14 or more beds certified under the state Medicaid program. |
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(3) "State school" has the meaning assigned by Section |
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531.002, Health and Safety Code. |
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(b) The commission shall direct the Department of Aging and |
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Disability Services to develop and implement a program to: |
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(1) quantify the amount of money appropriated by the |
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legislature that would have been spent during the remainder of a |
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state fiscal biennium to care for a person who lives in a state |
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school or large ICF-MR facility but who is leaving that school or |
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facility before the end of the biennium to live in the community |
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with the assistance of community-based services provided through a |
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medical assistance waiver program; and |
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(2) notwithstanding any other state law and to the |
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maximum extent allowed by federal law, transfer at the time the |
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person leaves the school or facility the amount quantified under |
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Subdivision (1) within the department's budget or among the |
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commission and the health and human services agencies as necessary |
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to comply with this section. |
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(c) The amount transferred under this section must be |
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redirected by the commission or a health and human services agency |
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to one or more community-based programs to provide community-based |
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services to the person through a medical assistance waiver program |
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after the person leaves the state school or large ICF-MR facility. |
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(d) The executive commissioner shall adopt rules under |
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which the commission may decertify an appropriate Medicaid bed for |
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each person who leaves a state school or large ICF-MR facility and |
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for whom money is transferred under Subsection (b)(2). |
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(e) Not later than December 1, 2008, the commission and the |
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Department of Aging and Disability Services shall submit a joint |
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report concerning the effectiveness of the program to the governor |
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and the committees of each house of the legislature that have |
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primary oversight jurisdiction over health and human services |
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agencies. The report must include a recommendation regarding |
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expanding the program to additional ICF-MR facilities. |
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SECTION 2. Not later than December 1, 2007: |
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(1) the Department of Aging and Disability Services |
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shall implement the program under Section 531.0921, Government |
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Code, as added by this Act; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission shall adopt rules required by Section |
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531.0921(d), Government Code, as added by this Act. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2007. |