82R10142 ALB-F

By: Paxton 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 private entity to provide 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.

SECTION 2. Chapter 531, Government Code, is amended by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. TASK FORCE TO IMPROVE HEALTH AND HUMAN SERVICES

EFFICIENCY

Sec. 531.181. DEFINITION. In this subchapter, "task force" means the task force to improve health and human services efficiency established under this subchapter.

Sec. 531.182. ESTABLISHMENT OF TASK FORCE. A task force is established to develop strategies to improve health and human services efficiency and to advise the legislature regarding those strategies.

Sec. 531.183. MEMBERSHIP. The task force consists of at least 16 members appointed as follows:

(1) a senator, appointed by the lieutenant governor, as a co-chair of the task force;

(2) a member of the house of representatives, appointed by the speaker of the house of representatives, as a co-chair of the task force;

(3) three additional senators, appointed by the lieutenant governor;

(4) three additional members of the house of representatives, appointed by the speaker; and

(5) at least eight members appointed jointly by the lieutenant governor and the speaker of the house of representatives as follows:

(A) at least two representatives of the commission, including at least one caseworker;

(B) at least two members who receive Medicaid benefits either in their own names or on behalf of their children;

(C) at least two representatives of colleges or universities; and

(D) at least two representatives of private health care service providers that contract with the commission.

Sec. 531.184. VACANCY. Members of the task force serve at the pleasure of the appointing officer or officers, and a vacancy on the task force shall be filled in the same manner as the original appointment.

Sec. 531.185. MEETINGS. Subject to the governor's approval, the task force shall meet at the call of the co-chairs.

Sec. 531.186. COMPENSATION; REIMBURSEMENT. A task force member is not entitled to compensation for service on the task force but is entitled to reimbursement for necessary expenses incurred in performance of the task force member's duties.

Sec. 531.187. ADMINISTRATIVE SUPPORT. The senate shall provide administrative support services to the task force.

Sec. 531.188. TASK FORCE DUTIES. The task force shall create proposals and provide recommendations, including fiscal impact statements, regarding methods to save and conserve state health and human services resources, foster and promote free competitive enterprise among private health care service providers, and enhance the ability of the executive branch of state government to respond to the needs of parties involved in health care administration.

Sec. 531.189. REPORT. The task force shall submit annual reports to the governor and the legislature regarding the task force's activities and recommendations.

SECTION 3. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0521 to read as follows:

Sec. 32.0521. HOSPITAL LEVEL OF CARE WAIVER PROGRAM FOR MEDICALLY FRAGILE INDIVIDUALS. (a) The department shall apply for a waiver under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)) to provide the state with the flexibility to provide medical assistance services outside the scope, amount, or duration of nonwaiver services available to medically fragile individuals who are not more than 21 years of age and who require a hospital level of care under the medical assistance program.

(b) The waiver program under this section must include coverage for case management services, attendant care services, rehabilitation, respite and companion care services, private duty nursing, medical equipment and supplies, home health care services, and in-home support services.

(c) To ensure that services subject to this section are cost neutral and not duplicative of other services provided under the medical assistance program, the department shall coordinate the provision of services subject to this section with services provided under other federal waiver programs.

(d) The waiver program under this section must be designed to permit a medically fragile individual who is not more than 21 years of age to apply for services through the waiver program without enrolling in the Medically Dependent Children Program.

SECTION 4. (a) Rules relating to health and human services shall be consolidated and reconsidered to ensure compliance with this Act and recommendations of the task force established under Subchapter E-1, Chapter 531, Government Code, as added by this Act.

(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 executive commissioner of the Health and Human Services Commission shall consult with the task force established under Subchapter E-1, Chapter 531, Government Code, as added by this Act, regarding reconsideration of any rule described by Subsection (a) of this section for the purpose of streamlining services administered by the commission and improving efficiency.

(d) The Health and Human Services Commission shall report to the executive commissioner 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.

(e) Following consolidation and reconsideration in accordance with this section, the Health and Human Services Commission may adopt final rules on the following dates:

(1) January 1;

(2) April 1;

(3) July 1; and

(4) October 1.

(f) 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.

(g) To the extent this section conflicts with the administrative procedure law, Chapter 2001, Government Code, this section prevails.

SECTION 5. As soon as practicable after the effective date of this Act, the lieutenant governor and the speaker of the house of representatives shall appoint the members of the task force established under Subchapter E-1, Chapter 531, Government Code, as added by this Act.

SECTION 6. 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 7. This Act takes effect September 1, 2011.