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A BILL TO BE ENTITLED
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AN ACT
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relating to the name of the program serving certain persons with |
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special health care needs and prioritizing services provided under |
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the program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) when proposing, adopting, or amending the rules of |
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the Department of State Health Services, or the Health and Human |
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Services Commission and when publishing new or amended reference |
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materials, publications, or electronic media, the name of the |
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Children with Special Health Care Needs Services Program should be |
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changed to accurately reflect that the program provides services to |
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persons other than children, including persons 21 years of age and |
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older who have cystic fibrosis; |
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(2) as of January 31, 2015, persons not lawfully |
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present in the United States constituted two-thirds the total |
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number of persons served by the program; |
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(3) as of January 31, 2015, the program's waiting list |
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for services consisted of 178 persons, more than half of whom were |
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identified as persons not lawfully present in the United States; |
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(4) if because of financial limitations the program is |
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unable to serve all persons eligible for services under the |
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program, some persons placed on the program's waiting list may not |
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receive the services; |
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(5) the only authority the state may exercise to |
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address the limited availability of services when financial |
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limitations exist is for the state to give priority for services to |
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citizens of the United States who are on the program's waiting list; |
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and |
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(6) it is the policy of this state that, when financial |
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limitations restrict the number of persons served by the program, |
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citizens of the United States who are on the program's waiting list |
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for services should be given priority over persons not lawfully |
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present in the United States. |
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SECTION 2. The heading to Chapter 35, Health and Safety |
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Code, is amended to read as follows: |
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CHAPTER 35. TEXAS [CHILDREN WITH] SPECIAL HEALTH CARE NEEDS PROGRAM |
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SECTION 3. Section 35.001, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 35.001. SHORT TITLE; REFERENCE IN OTHER LAW. (a) This |
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chapter may be cited as the Texas [Children with] Special Health |
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Care Needs Program [Services] Act. |
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(b) A reference in other law to the Children with Special |
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Health Care Needs Services Program means the program administered |
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under this chapter. |
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SECTION 4. Section 35.0021, Health and Safety Code, is |
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amended by adding Subdivision (6-a) and amending Subdivision (8) to |
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read as follows: |
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(6-a) "Person with special health care needs" has the |
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meaning assigned by Section 35.0022. |
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(8) "Program" means the services program for persons |
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[children] with special health care needs. |
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SECTION 5. Section 35.0022, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 35.0022. PERSON [CHILD] WITH SPECIAL HEALTH CARE |
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NEEDS. (a) In this chapter, "person [child] with special health |
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care needs" means a person who: |
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(1) is younger than 21 years of age and who has a |
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chronic physical or developmental condition; or |
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(2) has cystic fibrosis, regardless of the person's |
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age. |
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(b) The term "person ["child] with special health care |
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needs" may include a person who has a behavioral or emotional |
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condition that accompanies the person's physical or developmental |
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condition. The term does not include a person who has a behavioral |
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or emotional condition without having an accompanying physical or |
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developmental condition. |
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(c) A reference in this chapter to a "child with special |
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health care needs" means a "person with special health care needs" |
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and a reference to a "child" means a "person." |
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SECTION 6. The heading to Section 35.003, Health and Safety |
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Code, is amended to read as follows: |
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Sec. 35.003. SERVICES PROGRAM FOR PERSONS [CHILDREN] WITH |
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SPECIAL HEALTH CARE NEEDS. |
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SECTION 7. Section 35.003, Health and Safety Code, is |
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amended by amending Subsections (a) and (d) and adding Subsection |
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(c-1) to read as follows: |
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(a) The program is in the department to provide services to |
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eligible persons [children] with special health care needs. The |
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program shall provide: |
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(1) early identification of persons [children] with |
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special health care needs; |
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(2) diagnosis and evaluation of persons [children] |
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with special health care needs; |
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(3) rehabilitation services to persons [children] |
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with special health care needs; |
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(4) development and improvement of standards and |
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services for persons [children] with special health care needs; |
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(5) case management services; |
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(6) other family support services; and |
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(7) access to health benefits plan coverage under |
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Section 35.0031. |
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(c-1) To the extent allowed by federal law, the executive |
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commissioner shall adopt rules requiring the department to give |
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priority for services provided under the program to an eligible |
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person who is placed on a waiting list under Subsection (c) based on |
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the following criteria in order of importance: |
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(1) the acuity of the person's medical condition; |
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(2) whether the person is a United States citizen or a |
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qualified alien as that term is defined by 8 U.S.C. Section 1641(b); |
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(3) the amount of time the person has been on the |
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waiting list; and |
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(4) any other factors considered relevant by the |
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department. |
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(d) The program may provide: |
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(1) transportation and subsistence for an eligible |
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person [child] with special health care needs and the person's |
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[child's] parent, managing conservator, guardian, or other adult |
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caretaker approved by the program to obtain services provided by |
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the program; and |
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(2) the following services to an eligible person |
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[child] with special health care needs who dies in an approved |
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facility outside the person's [child's] municipality of residence |
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while receiving program services: |
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(A) the transportation of the person's [child's] |
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remains, and the transportation of a parent or other person |
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accompanying the remains, from the facility to the place of burial |
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in this state that is designated by the parent or other person |
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legally responsible for interment; |
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(B) the expense of embalming, if required for |
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transportation; |
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(C) the cost of a coffin purchased at a minimum |
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price, if a coffin is required for transportation; and |
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(D) any other necessary expenses directly |
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related to the care and return of the person's [child's] remains to |
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the place of burial in this state. |
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SECTION 8. The changes in law made by this Act apply to an |
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eligible person placed on a waiting list under Section 35.003(c), |
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Health and Safety Code, following an initial determination or |
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redetermination of the person's eligibility for services under |
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Chapter 35, Health and Safety Code, that is made on or after the |
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effective date of this Act. |
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SECTION 9. Not later than September 1, 2019, the name of the |
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Children with Special Health Care Needs Program operated under |
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Chapter 35, Health and Safety Code, must be updated in applicable |
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rules and reference materials, publications, and electronic media |
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to reflect the change in law made by this Act. Before that date, the |
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name of the program must be changed in applicable rules and |
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reference materials, publications, and electronic media only when |
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proposing, adopting, or amending the rules and when publishing new |
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or amended reference materials, publications, or electronic media. |
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SECTION 10. This Act takes effect September 1, 2015. |
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* * * * * |