84R23702 KKR-D
 
  By: King of Taylor H.B. No. 2835
 
  Substitute the following for H.B. No. 2835:
 
  By:  Cook C.S.H.B. No. 2835
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the name of the program serving certain persons with
  special health care needs and prioritizing services provided under
  the program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that:
               (1)  when proposing, adopting, or amending the rules of
  the Department of State Health Services, or the Health and Human
  Services Commission and when publishing new or amended reference
  materials, publications, or electronic media, the name of the
  Children with Special Health Care Needs Services Program should be
  changed to accurately reflect that the program provides services to
  persons other than children, including persons 21 years of age and
  older who have cystic fibrosis;
               (2)  as of January 31, 2015, persons not lawfully
  present in the United States constituted two-thirds the total
  number of persons served by the program;
               (3)  as of January 31, 2015, the program's waiting list
  for services consisted of 178 persons, more than half of whom were
  identified as persons not lawfully present in the United States;
               (4)  if because of financial limitations the program is
  unable to serve all persons eligible for services under the
  program, some persons placed on the program's waiting list may not
  receive the services;
               (5)  the only authority the state may exercise to
  address the limited availability of services when financial
  limitations exist is for the state to give priority for services to
  citizens of the United States who are on the program's waiting list;
  and
               (6)  it is the policy of this state that, when financial
  limitations restrict the number of persons served by the program,
  citizens of the United States who are on the program's waiting list
  for services should be given priority over persons not lawfully
  present in the United States.
         SECTION 2.  The heading to Chapter 35, Health and Safety
  Code, is amended to read as follows:
  CHAPTER 35. TEXAS [CHILDREN WITH] SPECIAL HEALTH CARE NEEDS PROGRAM
         SECTION 3.  Section 35.001, Health and Safety Code, is
  amended to read as follows:
         Sec. 35.001.  SHORT TITLE; REFERENCE IN OTHER LAW. (a)  This
  chapter may be cited as the Texas [Children with] Special Health
  Care Needs Program [Services] Act.
         (b)  A reference in other law to the Children with Special
  Health Care Needs Services Program means the program administered
  under this chapter.
         SECTION 4.  Section 35.0021, Health and Safety Code, is
  amended by adding Subdivision (6-a) and amending Subdivision (8) to
  read as follows:
               (6-a)  "Person with special health care needs" has the
  meaning assigned by Section 35.0022.
               (8)  "Program" means the services program for persons
  [children] with special health care needs.
         SECTION 5.  Section 35.0022, Health and Safety Code, is
  amended to read as follows:
         Sec. 35.0022.  PERSON [CHILD] WITH SPECIAL HEALTH CARE
  NEEDS.  (a)  In this chapter, "person [child] with special health
  care needs" means a person who:
               (1)  is younger than 21 years of age and who has a
  chronic physical or developmental condition; or
               (2)  has cystic fibrosis, regardless of the person's
  age.
         (b)  The term "person ["child] with special health care
  needs" may include a person who has a behavioral or emotional
  condition that accompanies the person's physical or developmental
  condition. The term does not include a person who has a behavioral
  or emotional condition without having an accompanying physical or
  developmental condition.
         (c)  A reference in this chapter to a "child with special
  health care needs" means a "person with special health care needs" 
  and a reference to a "child" means a "person."
         SECTION 6.  The heading to Section 35.003, Health and Safety
  Code, is amended to read as follows:
         Sec. 35.003.  SERVICES PROGRAM FOR PERSONS [CHILDREN] WITH
  SPECIAL HEALTH CARE NEEDS.
         SECTION 7.  Section 35.003, Health and Safety Code, is
  amended by amending Subsections (a) and (d) and adding Subsection
  (c-1) to read as follows:
         (a)  The program is in the department to provide services to
  eligible persons [children] with special health care needs. The
  program shall provide:
               (1)  early identification of persons [children] with
  special health care needs;
               (2)  diagnosis and evaluation of persons [children]
  with special health care needs;
               (3)  rehabilitation services to persons [children]
  with special health care needs;
               (4)  development and improvement of standards and
  services for persons [children] with special health care needs;
               (5)  case management services;
               (6)  other family support services; and
               (7)  access to health benefits plan coverage under
  Section 35.0031.
         (c-1)  To the extent allowed by federal law, the department
  shall give priority for services provided under the program to an
  eligible person who is placed on a waiting list under Subsection (c)
  and who provides proof that the person is a United States citizen or
  is a qualified alien as that term is defined by 8 U.S.C. Section
  1641(b). The executive commissioner shall adopt rules to implement
  this subsection.
         (d)  The program may provide:
               (1)  transportation and subsistence for an eligible
  person [child] with special health care needs and the person's 
  [child's] parent, managing conservator, guardian, or other adult
  caretaker approved by the program to obtain services provided by
  the program; and
               (2)  the following services to an eligible person
  [child] with special health care needs who dies in an approved
  facility outside the person's [child's] municipality of residence
  while receiving program services:
                     (A)  the transportation of the person's [child's]
  remains, and the transportation of a parent or other person
  accompanying the remains, from the facility to the place of burial
  in this state that is designated by the parent or other person
  legally responsible for interment;
                     (B)  the expense of embalming, if required for
  transportation;
                     (C)  the cost of a coffin purchased at a minimum
  price, if a coffin is required for transportation; and
                     (D)  any other necessary expenses directly
  related to the care and return of the person's [child's] remains to
  the place of burial in this state.
         SECTION 8.  The changes in law made by this Act apply to an
  eligible person placed on a waiting list under Section 35.003(c),
  Health and Safety Code, following an initial determination or
  redetermination of the person's eligibility for services under
  Chapter 35, Health and Safety Code, that is made on or after the
  effective date of this Act.
         SECTION 9.  This Act takes effect September 1, 2015.