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  82R21689 ALB-F
 
  By: Paxton H.B. No. 3053
 
  Substitute the following for H.B. No. 3053:
 
  By:  Hughes C.S.H.B. No. 3053
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to efficiency in the delivery of health and human
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.024115 to read as follows:
         Sec. 531.024115.  STREAMLINING OF FORMS AND RECORDS. (a)
  The commission shall create any form necessary for the
  administration of the Medicaid program and may not contract with a
  health care provider to create the forms.
         (b)  The commission shall determine characteristics of
  cost-effective forms and procedures and use those characteristics
  to develop the forms under Subsection (a).
         (c)  A form developed under this section may not exceed 10
  pages.
         (d)  The commission shall create a database for records
  storage to facilitate audit procedures and reduce costs associated
  with records management.
         (e)  The commission shall create a portal on the commission's
  Internet website designed to facilitate commerce, recordkeeping,
  communication, and information. The portal must be designed for
  use by patients, physicians, nurses, commission employees, and
  private entities.
         (f)  The database under Subsection (d) and portal under
  Subsection (e) must be designed to protect an individual's personal
  records and maintain the confidentiality of an individual's
  information.
         SECTION 2.  (a) Rules relating to health and human services
  shall be consolidated and reconsidered to increase efficiency in
  the provision of health and human services.
         (b)  The Health and Human Services Commission shall suspend
  the effective date of any rule adopted by the commission that has
  not taken effect on the effective date of this Act.
         (c)  The Health and Human Services Commission shall report to
  the executive commissioner of the commission regarding any rule
  described by Subsection (a) of this section that cannot be
  reconsidered together with an explanation of the legal reasons the
  rule cannot be reconsidered.
         (d)  Following consolidation and reconsideration in
  accordance with this section, the Health and Human Services
  Commission may adopt final rules on January 1 and July 1.
         (e)  The Health and Human Services Commission shall make
  every effort to consolidate the commission's rules regarding the
  Medically Dependent Children Program.  In consolidating the rules,
  the commission must consider the needs of patients, physicians,
  nurses, and home health agencies.
         (f)  To the extent this section conflicts with the
  administrative procedure law, Chapter 2001, Government Code, this
  section prevails.
         SECTION 3.  The Health and Human Services Commission is not
  required to comply with any provision of this Act unless money is
  available for that purpose.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  This Act takes effect September 1, 2011.