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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on interest or other waiting lists maintained |
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for certain Medicaid programs providing services to persons with an |
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intellectual or developmental disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) The Health and Human Services Commission, |
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in consultation and collaboration with the Intellectual and |
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Developmental Disability System Redesign Advisory Committee |
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established under Section 534.053, Government Code, shall conduct a |
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study examining the interest or other waiting lists maintained for |
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the following Medicaid programs authorized under Section 1115 or |
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1915(c) of the federal Social Security Act (42 U.S.C. Section 1315 |
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or 1396n(c)) that provide services to persons with an intellectual |
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or developmental disability: |
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(1) the community living assistance and support |
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services (CLASS) waiver program; |
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(2) the home and community-based services (HCS) waiver |
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program; |
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(3) the deaf-blind with multiple disabilities (DBMD) |
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waiver program; |
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(4) the Texas home living (TxHmL) waiver program; |
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(5) the medically dependent children (MDCP) waiver |
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program; and |
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(6) the STAR+PLUS home and community-based services |
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(HCBS) program. |
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(b) In conducting the study under this section, the Health |
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and Human Services Commission shall, for each Medicaid program |
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described by Subsection (a) of this section: |
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(1) consider and analyze: |
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(A) the experiences of other states in reducing |
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or eliminating interest or other waiting lists, including through |
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the range of services available to persons with an intellectual or |
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developmental disability in each state; |
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(B) factors affecting the historical experience |
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of each Medicaid program and the program's interest or waiting list |
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during the five most recent state fiscal biennia, including: |
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(i) the amount of appropriated money |
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allocated to each program during each state fiscal year; and |
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(ii) significant policy changes impacting |
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each program and the program's interest or other waiting list; |
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(C) existing data relating to persons on an |
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interest or other waiting list, including demographic data and data |
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relating to each person's living arrangement, service preferences, |
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length of time on the list, and unmet support needs; and |
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(D) the urgency of the need for services of |
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persons on an interest or other waiting list at any given time, |
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including the extent to which the list is comprised of persons who: |
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(i) join the list before becoming eligible |
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for services under the associated Medicaid program; or |
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(ii) were eligible for services under the |
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associated Medicaid program at the time of joining the list but who |
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are no longer eligible for services under the program; and |
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(2) identify: |
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(A) additional strategies that the commission |
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could employ to eliminate the interest or other waiting lists in a |
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manner that results in the provision of person-centered services in |
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the most integrated setting, including strategies employed by other |
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states and strategies through which this state could receive |
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additional federal funding, and the estimated costs of implementing |
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those strategies; and |
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(B) a date by which the commission believes it |
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could eliminate the interest or other waiting lists if the |
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identified strategies were implemented. |
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(c) Not later than September 1, 2020, the Health and Human |
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Services Commission shall submit to the legislature a written |
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report containing the findings of the study conducted under this |
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Act and the commission's recommendations for: |
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(1) improving service delivery and reducing interest |
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and other waiting lists for Medicaid programs described under |
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Subsection (a) of this section, including recommendations for |
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potential legislation; and |
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(2) a methodology the commission should implement that |
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would prioritize persons on a list who have more urgent needs for |
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program services. |
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(d) Based on the Health and Human Services Commission's |
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findings of the study conducted under this Act, the commission |
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shall update its statewide strategic plan on the intellectual and |
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developmental disabilities system in this state that was developed |
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in relation to the statewide behavioral health strategic plan |
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required under Section 10.04 of the Article IX health-related |
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provisions, Chapter 1281 (H.B. 1), Acts of the 84th Legislature, |
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Regular Session, 2015 (the General Appropriations Act), including |
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updating related short- and long-term goals, objectives, and |
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strategies to address identified gaps in services for persons with |
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an intellectual or developmental disability, timelines for |
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implementation of the plan, and mechanisms for tracking plan |
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outcomes. |
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SECTION 2. This Act expires September 1, 2023. |
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SECTION 3. This Act takes effect September 1, 2019. |