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A BILL TO BE ENTITLED
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AN ACT
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relating to a supporting medically fragile children program for the |
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provision of certain necessary health care services to those |
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children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 32, Human Resources Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. SUPPORTING MEDICALLY FRAGILE CHILDREN PROGRAM |
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Sec. 32.301. DEFINITIONS. In this subchapter: |
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(1) "Program" means the supporting medically fragile |
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children program established under this subchapter. |
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(2) "Section 1915(c) waiver program" has the meaning |
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assigned by Section 531.001, Government Code. |
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(3) "STAR Kids managed care program" means the STAR |
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Kids managed care program operated under Section 533.00253, |
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Government Code. |
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Sec. 32.302. SUPPORTING MEDICALLY FRAGILE CHILDREN |
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PROGRAM. (a) The commission shall develop and implement a program |
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to provide financial assistance to eligible Medicaid recipients who |
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are in need of the assistance for purposes of receiving or |
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continuing necessary health care services that have been delayed or |
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denied under Medicaid, including care that has been denied pending |
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appeal. Financial assistance under the program must be provided in |
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the form of direct reimbursements to health care providers. |
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(b) In establishing the program, the commission shall: |
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(1) consult with appropriate stakeholders to |
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determine: |
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(A) application and eligibility requirements for |
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receiving financial assistance under the program; and |
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(B) how providers will be reimbursed with |
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financial assistance granted through the program; and |
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(2) designate a person within the commission to act as |
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an ombudsman for the program and as a point of contact for Medicaid |
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recipients, recipients' families, and health care providers. |
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Sec. 32.303. ELIGIBLE MEDICAID RECIPIENTS. To be eligible |
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for assistance under the program, a Medicaid recipient must be |
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receiving benefits under: |
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(1) a Section 1915(c) waiver program, including: |
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(A) the Medically Dependent Children Program |
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(MDCP); |
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(B) the Community Living Assistance and Support |
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Services (CLASS) waiver program; |
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(C) the Home and Community-based Services (HCS) |
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waiver program; and |
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(D) the Deaf-Blind with Multiple Disabilities |
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(DBMD) waiver program; or |
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(2) the STAR Kids managed care program. |
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Sec. 32.304. SUPPORTING MEDICALLY FRAGILE CHILDREN |
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ACCOUNT. (a) The supporting medically fragile children account is |
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an account in the general revenue fund. |
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(b) The account consists of: |
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(1) appropriations of money to the account by the |
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legislature; |
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(2) gifts, grants, including federal grants, and other |
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donations received under Section 32.305; and |
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(3) interest earned on the investment of money in the |
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account. |
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(c) Money in the account may be appropriated only to the |
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commission for purposes of the program. |
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(d) The account is exempt from the application of Section |
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404.071, Government Code. |
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Sec. 32.305. GIFTS, GRANTS, AND DONATIONS. The commission |
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may accept gifts, grants, and donations from any source that are |
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made for the purposes of the program. The commission shall deposit |
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money received under this section to the credit of the supporting |
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medically fragile children account. |
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Sec. 32.306. RULES. The executive commissioner shall adopt |
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rules necessary to implement this subchapter. |
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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, 2021. |