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A BILL TO BE ENTITLED
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AN ACT
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relating to providing Medicaid services to certain persons with |
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traumatic brain or spinal cord injuries. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 117, Human Resources Code, |
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is amended by adding Section 117.075 to read as follows: |
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Sec. 117.075. MEDICAID SERVICES FOR CERTAIN PERSONS WITH |
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TRAUMATIC BRAIN OR SPINAL CORD INJURIES. (a) In this section, |
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"comprehensive rehabilitation services program" means the program |
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that provides services to persons with traumatic brain or spinal |
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cord injuries using money appropriated from the comprehensive |
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rehabilitation fund established under Section 111.060. |
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(b) The department shall determine whether services |
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provided under the comprehensive rehabilitation services program |
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could be provided in a more cost-effective manner through the |
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Medicaid program. In making that determination, the department |
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shall evaluate and compare the cost-effectiveness of each of the |
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following approaches to providing those services under the Medicaid |
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program: |
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(1) providing the services under a modification to a |
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previously authorized Section 1915(c) waiver program, as that term |
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is defined by Section 531.001, Government Code; |
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(2) providing the services under an amendment to the |
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state Medicaid plan; or |
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(3) providing the services under an additional Section |
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1915(c) waiver or an alternative home and community-based services |
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waiver under Section 6086 of the federal Deficit Reduction Act of |
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2005 (Pub. L. No. 109-171). |
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(c) In evaluating the cost-effectiveness of each approach |
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to providing Medicaid services under Subsection (b), the department |
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shall consider: |
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(1) the effect that implementing each approach would |
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have on the general revenue fund; |
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(2) the amount of additional federal matching funds |
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this state would receive as a result of implementing each approach; |
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and |
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(3) the maximum number of persons receiving services |
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under the comprehensive rehabilitation services program who would |
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be eligible under the federal income eligibility standards |
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applicable to each approach. |
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(d) The commission, the Department of Aging and Disability |
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Services, and the Texas Traumatic Brain Injury Advisory Council |
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shall assist the department as necessary in performing the |
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department's duties under Subsections (b) and (c). |
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(e) If the department determines that services provided |
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under the comprehensive rehabilitation services program could be |
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provided in a more cost-effective manner through the Medicaid |
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program, the department shall notify the commission and: |
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(1) the commission shall actively pursue federal |
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authorization to begin providing those services through the |
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approach the department determines would be most cost-effective; |
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and |
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(2) the executive commissioner shall establish |
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Medicaid eligibility criteria, including income limits, for the |
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receipt of those services through the Medicaid program as necessary |
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to maintain cost-effectiveness for this state and maximize federal |
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matching funds this state will receive. |
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(f) The commission, subject to receipt of any necessary |
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federal authorization, shall: |
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(1) ensure that services the department determines |
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could be provided more cost-effectively under the Medicaid program |
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are provided under that program to eligible persons and that |
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persons who are ineligible for that program continue to receive |
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services under the comprehensive rehabilitation services program; |
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(2) ensure that persons receiving services under the |
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Medicaid program also receive under the comprehensive |
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rehabilitation services program any service provided under that |
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program that is not covered under the Medicaid program; and |
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(3) designate and direct the department to: |
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(A) implement the program to provide the |
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services, if the department determines that an approach described |
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by Subsection (b)(2) or (3) is most cost-effective; and |
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(B) continue to coordinate the provision of |
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services to all persons with traumatic brain and spinal cord |
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injuries, regardless of whether the services are provided under the |
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Medicaid program or the comprehensive rehabilitation services |
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program. |
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SECTION 2. Not later than November 1, 2008, the Department |
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of Assistive and Rehabilitative Services shall submit a report to |
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the governor and the Legislative Budget Board detailing the results |
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of the department's determinations and actions taken under Section |
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117.075, Human Resources Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2007. |