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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the use of General Revenue in certain |
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circumstances for Medical Assistance Waiver Programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.058, Human Resources Code, is amended |
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to read as follows: |
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Sec. 32.058. LIMITATION ON [MEDICAL ASSISTANCE IN] CERTAIN |
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MEDICAL ASSISTANCE WAIVER PROGRAMS [ALTERNATIVE COMMUNITY-BASED
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CARE SETTINGS]. (a) In this section, "medical assistance waiver |
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program" means a program [administered by the Department of Aging
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and Disability Services], other than the Texas Home Living [home
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living] program, that provides services under a waiver granted in |
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accordance with 42 U.S.C. Section 1396n(c). |
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(b) Except as provided by Subsection (c) or[,] (d)[, (e), or
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(f)], the department may not provide services under a medical |
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assistance waiver program to a person if the projected cost of |
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providing those services over a 12-month period exceeds the |
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individual cost limit specified in the medical assistance waiver |
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program. |
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(c) Notwithstanding section 32.024(e), the [The] department |
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shall use general revenue funds to continue to provide services |
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[under a medical assistance waiver program] to a person who was |
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receiving medical assistance waiver program [those] services on |
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September 1, 2005, at a cost that exceeded the individual cost limit |
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specified in the medical assistance waiver program[, if
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continuation of those services:
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[(1)
is necessary for the person to live in the most
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integrated setting appropriate to the needs of the person; and
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[(2)
does not affect the department's compliance with
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the federal average per capita expenditure requirement of the
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medical assistance waiver program under 42 U.S.C. Section
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1396n(c)(2)(D)]. |
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(d) Notwithstanding section 32.024(e), the department is |
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authorized to use general revenue funds to pay for services if: |
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(1) the projected cost of providing services over a |
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12-month period exceeds the individual cost limit specified in a |
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medical assistance waiver program; |
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(2) federal financial participation is not available |
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to pay for such services; and |
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(3) the department determines that: |
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(A) the person's health and safety cannot be |
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protected by the services provided within the individual cost limit |
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established for the program; and |
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(B) there is no other available living |
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arrangement in which the person's health and safety can be |
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protected, as evidenced by: |
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(i) an assessment conducted by clinical |
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staff of the Health and Human Services Commission or the Department |
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of Aging and Disability Services; and |
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(ii) supporting documentation, including |
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the person's medical and service records [The department may
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continue to provide services under a medical assistance waiver
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program, other than the home and community-based services program,
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to a person who is ineligible to receive those services under
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Subsection (b) and to whom Subsection (c) does not apply if:
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[(1)
the projected cost of providing those services to
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the person under the medical assistance waiver program over a
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12-month period does not exceed 133.3 percent of the individual
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cost limit specified in the medical assistance waiver program; and
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[(2)
continuation of those services does not affect
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the department's compliance with the federal average per capita
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expenditure requirement of the medical assistance waiver program
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under 42 U.S.C. Section 1396n(c)(2)(D)]. |
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(e) The department shall not expend any funds under |
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Subsection (c) or (d) if such expenditure would affect the |
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department's compliance with federal cost-effectiveness |
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requirements applicable to medical assistance waiver programs, |
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including 42 U.S.C. Section 1396n(c)(2)(D) [The department may
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exempt a person from the cost limit established under Subsection
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(d)(1) for a medical assistance waiver program if the department
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determines that:
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[(1)
the person's health and safety cannot be
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protected by the services provided within the cost limit
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established for the program under that subdivision; and
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[(2)
there is no available living arrangement, other
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than one provided through the program or another medical assistance
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waiver program, in which the person's health and safety can be
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protected, as evidenced by:
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[(A)
an assessment conducted by clinical staff of
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the department; and
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[(B)
supporting documentation, including the
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person's medical and service records]. |
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(f) The department shall employ utilization management and |
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utilization review practices as necessary to ensure that the |
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appropriate scope and level of services are provided to individuals |
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receiving medical assistance waiver program services and to ensure |
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compliance with federal cost-effectiveness requirements [The
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department may continue to provide services under the home and
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community-based services program to a person who is ineligible to
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receive those services under Subsection (b) and to whom Subsection
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(c) does not apply if the department makes, with regard to the
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person's receipt of services under the home and community-based
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services program, the same determinations required by Subsections
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(e)(1) and (2) in the same manner provided by Subsection (e) and
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determines that continuation of those services does not affect:
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[(1)
the department's compliance with the federal
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average per capita expenditure requirement of the home and
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community-based services program under 42 U.S.C. Section
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1396n(c)(2)(D); and
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[(2)
any cost-effectiveness requirements provided by
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the General Appropriations Act that limit expenditures for the home
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and community-based services program]. |
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(g) This section does not establish an entitlement to |
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services or to general revenue funding for services. |
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(h) [(g)] The executive commissioner of the Health and |
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Human Services Commission may adopt rules to implement this section |
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[Subsections (d), (e), and (f)]. |
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(i) [(h)] If a federal agency determines that compliance |
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with any provision in this section would make this state ineligible |
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to receive federal funds to administer a program to which this |
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section applies, a state agency may, but is not required to, |
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implement that provision. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |