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