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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of Medicaid benefits under a |
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fee-for-service delivery model. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.0212, Human Resources Code, is |
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amended to read as follows: |
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Sec. 32.0212. DELIVERY OF MEDICAL ASSISTANCE. (a) |
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Notwithstanding any other law and subject to Subsection (b) |
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[Section 533.0025, Government Code], the commission shall provide |
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medical assistance solely through a fee-for-service delivery model |
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[for acute care services through the Medicaid managed care system
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implemented under Chapter 533, Government Code, or another Medicaid
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capitated managed care program]. |
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(b) Not later than September 1, 2021, the commission shall |
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complete the transition of the delivery of medical assistance under |
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a managed care delivery model to the fee-for-service model used to |
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deliver medical assistance before the implementation of managed |
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care delivery models, including before the implementation of the |
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changes in law relating to the delivery of medical assistance |
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benefits through a managed care delivery model under: |
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(1) Chapter 7 (S.B. 7), Acts of the 82nd Legislature, |
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1st Called Session, 2011; and |
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(2) Chapter 1310 (S.B. 7), Acts of the 83rd |
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Legislature, Regular Session, 2013. |
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(c) The executive commissioner by rule shall adopt a |
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transition plan for purposes of implementing this section. |
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(d) Not later than November 1, 2020, the commission shall |
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submit a report to the governor, lieutenant governor, speaker of |
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the house of representatives, and the legislature regarding the |
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transition plan required by Subsection (c) and the implementation |
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of this section together with any recommendations regarding |
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required legislation. |
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(e) To the extent practicable considering the differences |
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between the fee-for-service and managed care delivery models for |
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delivering medical assistance, a provision of law requiring or |
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authorizing an action under the managed care delivery model shall |
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be construed as applying to the fee-for-service delivery model, and |
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the commission shall make or allow any modifications necessary for |
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that construction. |
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SECTION 2. Effective September 1, 2021, Chapters 533 and |
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534, Government Code, are repealed. |
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SECTION 3. 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 4. This Act takes effect September 1, 2019. |