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A BILL TO BE ENTITLED
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AN ACT
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relating to improving efficiency in state government and reducing |
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state government spending. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ESTABLISHMENT OF A PILL SPLITTING PROGRAM TO REDUCE |
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HEALTH PLAN COSTS FOR CERTAIN PUBLIC EMPLOYEES |
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SECTION 1.01. Subchapter E, Chapter 1551, Insurance Code, |
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is amended by adding Section 1551.225 to read as follows: |
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Sec. 1551.225. ESTABLISHMENT OF PILL SPLITTING PROGRAM. |
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(a) In this section: |
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(1) "Eligible prescription pill" means a prescription |
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medication delivered in pill form and in a dosage that is |
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appropriate for splitting. |
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(2) "Pill splitting" means dividing an eligible |
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prescription pill to obtain a prescribed dose. |
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(b) The board of trustees by rule shall design and establish |
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a voluntary pill splitting program. The pill splitting program |
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must: |
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(1) include a copayment reduction incentive for |
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individuals covered by the group benefits program who participate |
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in the pill splitting program; and |
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(2) require an individual who participates in the pill |
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splitting program to: |
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(A) obtain a prescription for an eligible |
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prescription pill authorizing pill splitting from the prescribing |
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physician before participating; and |
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(B) personally split the eligible prescription |
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pill. |
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(c) The board of trustees shall establish a list of eligible |
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prescription pills and shall periodically update the list. |
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(d) The board of trustees shall report at least annually to |
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the Legislative Budget Board and the governor on the design of the |
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pill splitting program, the medications included on the list of |
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eligible prescription pills, participation in the program, and cost |
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savings resulting from the program. |
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SECTION 1.02. Subchapter D, Chapter 1575, Insurance Code, |
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is amended by adding Section 1575.171 to read as follows: |
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Sec. 1575.171. ESTABLISHMENT OF PILL SPLITTING PROGRAM. |
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(a) In this section: |
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(1) "Eligible prescription pill" means a prescription |
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medication delivered in pill form and in a dosage that is |
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appropriate for splitting. |
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(2) "Pill splitting" means dividing an eligible |
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prescription pill to obtain a prescribed dose. |
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(b) The trustee by rule shall design and establish a |
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voluntary pill splitting program. The pill splitting program must: |
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(1) include a copayment reduction incentive for |
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individuals covered by the group program who participate in the |
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pill splitting program; and |
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(2) require an individual who participates in the pill |
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splitting program to: |
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(A) obtain a prescription for an eligible |
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prescription pill authorizing pill splitting from the prescribing |
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physician before participating; and |
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(B) personally split the eligible prescription |
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pill. |
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(c) The trustee shall establish a list of eligible |
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prescription pills and shall periodically update the list. |
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(d) The trustee shall report at least annually to the |
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Legislative Budget Board and the governor on the design of the pill |
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splitting program, medications included on the list of eligible |
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prescription pills, participation in the program, and cost savings |
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resulting from the program. |
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SECTION 1.03. Subchapter C, Chapter 1579, Insurance Code, |
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is amended by adding Section 1579.109 to read as follows: |
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Sec. 1579.109. ESTABLISHMENT OF PILL SPLITTING PROGRAM. |
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(a) In this section: |
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(1) "Eligible prescription pill" means a prescription |
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medication delivered in pill form and in a dosage that is |
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appropriate for splitting. |
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(2) "Pill splitting" means dividing an eligible |
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prescription pill to obtain a prescribed dose. |
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(b) The trustee by rule shall design and establish a |
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voluntary pill splitting program. The pill splitting program must: |
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(1) include a copayment reduction incentive for |
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individuals covered by a health coverage plan under this subchapter |
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who participate in the pill splitting program; and |
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(2) require an individual who participates in the pill |
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splitting program to: |
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(A) obtain a prescription for an eligible |
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prescription pill authorizing pill splitting from the prescribing |
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physician before participating; and |
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(B) personally split the eligible prescription |
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pill. |
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(c) The trustee shall establish a list of eligible |
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prescription pills and shall periodically update the list. |
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(d) The trustee shall report at least annually to the |
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Legislative Budget Board and the governor on the design of the pill |
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splitting program, medications included in the list of eligible |
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prescription pills, participation in the pill splitting program, |
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and cost savings resulting from the pill splitting program. |
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SECTION 1.04. Subchapter C, Chapter 1601, Insurance Code, |
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is amended by adding Section 1601.111 to read as follows: |
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Sec. 1601.111. ESTABLISHMENT OF PILL SPLITTING PROGRAM. |
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(a) In this section: |
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(1) "Eligible prescription pill" means a prescription |
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medication delivered in pill form and in a dosage that is |
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appropriate for splitting. |
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(2) "Pill splitting" means dividing an eligible |
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prescription pill to obtain a prescribed dose. |
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(b) Each system by rule shall design and establish a |
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voluntary pill splitting program. The pill splitting program must: |
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(1) include a copayment reduction incentive for |
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individuals covered by a health benefit plan provided under this |
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chapter who participate in the program; and |
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(2) require an individual who participates in the |
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program to: |
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(A) obtain a prescription for an eligible |
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prescription pill authorizing pill splitting from the prescribing |
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physician before participating; and |
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(B) personally split the eligible prescription |
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pill. |
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(c) Each system shall establish a list of eligible |
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prescription pills and shall periodically update the list. |
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(d) Each system shall report at least annually to the |
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Legislative Budget Board and the governor on the design of the pill |
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splitting program, medications included in the list of eligible |
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prescription pills, participation in the program, and cost savings |
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resulting from the program. |
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SECTION 1.05. The initial reports required by Sections |
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1551.225(d), 1575.171(d), 1579.109(d), and 1601.111(d), Insurance |
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Code, as added by this article, are due not later than December 1, |
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2010. |
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SECTION 1.06. The changes in law made by this article apply |
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only to health benefit plans provided under Chapters 1551, 1575, |
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1579, and 1601, Insurance Code, beginning with the 2009-2010 plan |
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year. A plan year before 2009-2010 is governed by the law as it |
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existed immediately before September 1, 2009, and that law is |
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continued in effect for that purpose. |
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SECTION 1.07. This article takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this article takes effect September 1, 2009. |
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ARTICLE 2. MEDICAID CONSOLIDATED WAIVER PROGRAM AND OTHER MEDICAID |
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LONG-TERM CARE WAIVER PROGRAMS |
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SECTION 2.01. Subchapter D, Chapter 161, Human Resources |
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Code, is amended by adding Section 161.077 to read as follows: |
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Sec. 161.077. LONG-TERM CARE MEDICAID WAIVER PROGRAMS. (a) |
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In this section, "Section 1915(c) waiver program" has the meaning |
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assigned by Section 531.001, Government Code. |
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(b) The department, in consultation with the commission, |
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shall streamline the administration of and delivery of services |
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through Section 1915(c) waiver programs. In implementing this |
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subsection, the department, subject to Subsection (c), may consider |
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implementing the following streamlining initiatives: |
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(1) reducing the number of forms used in administering |
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the programs; |
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(2) revising program provider manuals and training |
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curricula; |
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(3) consolidating service authorization systems; |
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(4) eliminating any physician signature requirements |
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the department considers unnecessary; |
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(5) standardizing individual service plan processes |
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across the programs; and |
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(6) any other initiatives that will increase |
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efficiencies in the programs. |
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(c) The department shall ensure that actions taken under |
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this section do not conflict with any requirements of the |
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commission under Section 531.0218, Government Code. |
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SECTION 2.02. Effective September 15, 2009, Section |
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531.02191, Government Code, is amended to read as follows: |
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Sec. 531.02191. PUBLIC INPUT. In complying with the |
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requirements of Section [Sections] 531.0218 [and 531.0219], the |
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commission shall regularly consult with and obtain input from: |
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(1) consumers and family members; |
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(2) providers; |
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(3) advocacy groups; |
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(4) state agencies that administer a Section 1915(c) |
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waiver program; and |
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(5) other interested persons. |
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SECTION 2.03. (a) Effective September 15, 2009, Section |
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531.0219, Government Code, is repealed. |
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(b) Effective September 15, 2009, the consolidated waiver |
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program under Section 531.0219, Government Code, is abolished. The |
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Department of Aging and Disability Services, with the assistance of |
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the Health and Human Services Commission, shall: |
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(1) before September 14, 2009, determine in which |
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other Section 1915(c) waiver programs, as defined by Section |
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531.001, Government Code, each person receiving services through |
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the consolidated waiver program is eligible for enrollment; and |
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(2) not later than September 14, 2009, transfer the |
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person's enrollment without any break in service from the |
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consolidated waiver program to an appropriate program described by |
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Subdivision (1) of this subsection for which the person is |
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eligible. |
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(c) A person described by Subsection (b) of this section may |
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not be placed on an interest list or any other waiting list for a |
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Section 1915(c) waiver program instead of being enrolled in a |
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program as required by Subsection (b)(2) of this section. |
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SECTION 2.04. If before implementing any provision of this |
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article a state agency determines that a waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 2.05. This article takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this article takes effect September 1, 2009. |
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ARTICLE 3. CERTAIN TAX CREDITS FOR INSURER EXAMINATION AND |
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EVALUATION FEES |
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SECTION 3.01. The following laws are repealed: |
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(1) Section 221.006, Insurance Code; |
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(2) Section 222.007, Insurance Code; |
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(3) Section 223.009, Insurance Code; |
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(4) Section 401.151(e), Insurance Code; and |
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(5) Section 401.154, Insurance Code. |
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SECTION 3.02. The change in law made by this article applies |
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only to a tax credit for an examination or evaluation fee paid on or |
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after January 1, 2009. |
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SECTION 3.03. This article takes effect immediately if this |
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Act receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this article takes effect September 1, 2009. |
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ARTICLE 4. AUTHORITY OF THE STATE BOARD OF THE TEXAS EMERGENCY |
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SERVICES RETIREMENT SYSTEM |
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SECTION 4.01. Section 865.006(a), Government Code, is |
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amended to read as follows: |
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(a) The state board shall employ a certified public |
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accountant, an actuary, and an investment consultant for the fund |
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and may acquire computer, custodial, or investment management |
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services for the fund. The state board may employ other employees |
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as necessary. The costs of accounting, actuarial, investment |
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consulting, computer, custodial, or investment management services |
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and other employees or administrative expenses may be paid from |
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income earned by investment of the fund. No portion of the corpus |
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or income of the fund may be used for purposes other than the |
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benefit of members, retired emergency services personnel, and their |
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beneficiaries. |
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SECTION 4.02. This article takes effect September 1, 2009. |
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ARTICLE 5. RELEASE FROM THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE OF |
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CERTAIN INMATES WHO COMPLETE A REHABILITATION PROGRAM |
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SECTION 5.01. Section 508.141, Government Code, is amended |
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by adding Subsections (b-1), (d-1), and (d-2) and amending |
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Subsection (d) to read as follows: |
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(b-1) If a parole panel requires, as a condition of release, |
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that an inmate complete a specific department rehabilitation |
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program before release, the department shall place the inmate in |
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the program specified by the parole panel, except that the |
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department may place the inmate in a different program with the |
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approval of the parole panel. |
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(d) A parole panel may release an inmate on parole during |
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the parole month established for the inmate, or during any |
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applicable range of dates established under Subsection (d-1), if |
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the panel determines that the inmate's release will not increase |
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the likelihood of harm to the public. |
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(d-1) A parole panel that, as a condition of release, |
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requires an inmate to complete a specific department rehabilitation |
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program shall specify a range of dates, based on the date the inmate |
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is likely to have completed the specified program, during which the |
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department may release the inmate, if the inmate has: |
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(1) successfully completed the program specified by |
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the parole panel; and |
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(2) satisfied all other conditions of release |
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specified by the parole panel. |
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(d-2) The range of dates specified by the parole panel under |
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Subsection (d-1) may not begin earlier than the 45th day before any |
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applicable release date established for the inmate and must be a |
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range of at least 30 days. |
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SECTION 5.02. The change in law made by this article applies |
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to any inmate who is confined in a facility operated by or under |
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contract with the Texas Department of Criminal Justice on or after |
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the effective date of this article, regardless of when the inmate's |
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period of confinement began. |
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SECTION 5.03. This article takes effect September 1, 2009. |
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ARTICLE 6. GENERAL APPROPRIATIONS ACT |
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SECTION 6.01. (a) Each agency appropriated funds under the |
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General Appropriations Act shall reduce travel expenses during the |
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fiscal year beginning on September 1, 2009, by an amount equal to |
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one percent of the amount of total travel expenses incurred by the |
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agency during the fiscal year that began on September 1, 2008. |
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(b) This section expires September 1, 2011. |
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SECTION 6.02. (a) The appropriations to an agency affected |
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by the provisions of Articles 1-5 of this Act for the fiscal |
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biennium beginning on September 1, 2009, are reduced by an amount |
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determined by the comptroller, in consultation with the affected |
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agency and the Legislative Budget Board, to reflect the reduced |
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cost of carrying out the agency's powers and duties resulting from |
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the changes in law made by this Act. |
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(b) This section expires September 1, 2011. |
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ARTICLE 7. EFFECTIVE DATE |
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SECTION 7.01. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2009. |