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A BILL TO BE ENTITLED
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AN ACT
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relating to a Medicaid hospital level of care waiver program for |
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certain medically fragile individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0521 to read as follows: |
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Sec. 32.0521. HOSPITAL LEVEL OF CARE WAIVER PROGRAM FOR |
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MEDICALLY FRAGILE INDIVIDUALS. (a) The department shall apply for |
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a waiver under Section 1915(c) of the federal Social Security Act |
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(42 U.S.C. Section 1396n(c)) to provide the state with the |
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flexibility to provide medical assistance services outside the |
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scope, amount, or duration of nonwaiver services available to |
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medically fragile individuals who are at least 21 years of age and |
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who require a hospital level of care under the medical assistance |
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program. |
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(b) The waiver program under this section must include |
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coverage for case management services, attendant care services, |
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rehabilitation, respite and companion care services, private duty |
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nursing, medical equipment and supplies, home health care services, |
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and in-home support services. |
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(c) To ensure that services subject to this section are cost |
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neutral and not duplicative of other services provided under the |
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medical assistance program, the department shall coordinate the |
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provision of services subject to this section with services |
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provided under other federal waiver programs. |
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SECTION 2. 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 3. This Act takes effect September 1, 2011. |