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A BILL TO BE ENTITLED
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AN ACT
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relating to the Medicaid consolidated waiver program and other |
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Medicaid long-term care waiver programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.077 to read as follows: |
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Sec. 161.077. LONG-TERM CARE MEDICAID WAIVER PROGRAMS. |
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(a) In this section, "Section 1915(c) waiver program" has the |
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meaning 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. Effective September 15, 2009, Section 531.02191, |
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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 3. (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 Subdivision (2), Subsection (b) of this |
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section. |
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SECTION 4. 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 5. 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. |
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* * * * * |