87R9793 JG-D
 
  By: Raymond H.B. No. 4194
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of home health care services under the
  Medicaid managed care program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 533, Government Code, is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C. HOME HEALTH CARE SERVICES
         Sec. 533.071.  HOME HEALTH CARE PROVIDER RATINGS AND
  STANDARDS. (a) The commission in collaboration with each managed
  care organization contracted under this chapter shall develop and
  implement a home health care provider rating system to rate
  providers and measure quality standards for the delivery of
  long-term services and supports.
         (b)  The commission shall require not less than 85 percent of
  home health care services to be processed using the electronic
  visit verification system.
         (c)  The commission shall audit home health care providers
  periodically using the rating system under Subsection (a) and to
  ensure compliance with Subsection (b).
         Sec. 533.072.  HOME HEALTH PATIENT TRANSFER AND
  SOLICITATION. (a) The commission shall require each managed care
  organization to implement a 15-day waiting period before a home
  health care attendant or employee or any recipient receiving
  services from the attendant or employee may transfer between home
  health care providers.
         (b)  A recipient may not transfer between home health care
  providers unless the recipient provides a legitimate reason for the
  transfer and the provider from which the recipient is requesting a
  transfer holds a poor rating as determined by the rating system
  under Section 533.071(a).
         (c)  The commission shall evaluate policies and rules in
  place to prevent the solicitation of home health care attendants or
  employees or recipients receiving services from those attendants or
  employees and shall seek to strengthen those policies and rules.
         Sec. 533.073.  PAYMENTS FOR HOME HEALTH CARE CLAIMS. The
  commission shall require each managed care organization contracted
  under this chapter to pay claims for home health care services not
  later than the 10th day after the date on which the organization
  receives the claim.
         Sec. 533.074.  HOME HEALTH CARE ATTENDANT REQUIREMENTS. (a)
  The commission shall develop minimum training requirements for home
  health care attendants providing services under Medicaid.
         (b)  The commission shall develop a statewide no-hire list
  for home health care attendants and include on the list the unique
  identifier of an attendant who fails to meet the minimum training
  requirements under Subsection (a). The no-hire list must be
  accessible to managed care organizations contracted under this
  chapter and home health care providers.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect September 1, 2021.