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A BILL TO BE ENTITLED
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AN ACT
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relating to interest lists and eligibility criteria for certain |
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Medicaid waiver programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.0605 and 531.0606 to read as |
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follows: |
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Sec. 531.0605. INTEREST LISTS FOR CERTAIN MEDICAID WAIVER |
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PROGRAMS. (a) This section applies to interest lists in the |
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following Medicaid waiver programs: |
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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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and supports (STAR + PLUS HCBS) program. |
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(b) The commission, in consultation with the Intellectual |
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and Developmental Disability System Redesign Advisory Committee |
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established under Section 534.053, the State Medicaid Managed Care |
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Advisory Committee established under Section 531.012, and other |
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interested stakeholders, shall develop a questionnaire for |
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individuals who are on an interest list for any Medicaid waiver |
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program. |
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(c) The questionnaire described in Subsection (b) must |
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capture, at a minimum, the following information: |
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(1) general demographic and contact information; |
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(2) the types of assistance the individual needs; |
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(3) the individual's living arrangement; |
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(4) caregiver supports and any risks to caregiver |
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supports; and |
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(5) when delivery of the services should begin to |
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ensure the individual's health and welfare in the least restrictive |
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setting possible. |
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(d) Beginning no later than September 1, 2024, and subject |
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to the availability of funds, the commission shall require all |
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individuals on an interest list to complete or update the |
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questionnaire described in Subsection (b) on an annual basis. |
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(e) For an individual on an interest list who does not |
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respond to written or verbal requests for annual or biennial |
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updates to interest list information or otherwise fails to maintain |
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contact with the commission: |
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(1) the commission shall consider the individual |
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inactive and determine which interest list(s) to which the inactive |
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status will apply until the individual makes contact with the |
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commission and indicates he or she is still interested in waiver |
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program services; and |
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(2) if the individual status remains inactive for four |
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years or more, the commission shall not include the individual in |
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reporting the number of individuals on any waiver program interest |
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list to which the inactive status for the individual applies. |
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(f) Individuals who are eligible to receive Supplemental |
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Security Income (SSI) (42 U.S.C. Section 1381 et seq.) and are on |
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the interest list for the MDCP waiver program as of September 1, |
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2021, shall be assessed by the commission for waiver program |
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eligibility as soon as possible. |
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(g) After September 1, 2021, individuals who receive |
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Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.) |
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and express an interest in receiving MDCP waiver program services |
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shall be assessed by the commission for waiver program eligibility |
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without first being placed on the MDCP waiver program interest |
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list. |
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(h) The commission shall explore the feasibility of |
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creating an online portal for individuals to request placement on |
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an interest list and to complete and update the questionnaire |
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described in Subsection (b). |
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Sec. 531.0606. ELIGIBILITY FOR CERTAIN MEDICAID WAIVER |
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PROGRAMS. (a) In determining eligibility criteria for the TxHmL |
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waiver program, the commission shall: |
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(1) establish income eligibility levels consistent |
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with Title XIX of the Social Security Act and any other applicable |
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law or regulations, so that an individual whose income is at or |
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below 300 percent of the federal poverty level is eligible for the |
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program; and |
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(2) add level of care VIII, as defined by the |
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commission, to the eligibility criteria for the program. |
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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. |