88R8857 EAS-D

By: Howard H.B. No. 3515

A BILL TO BE ENTITLED

AN ACT

relating to the establishment and operation of an interdisciplinary group to review services provided by home and community support services agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 142, Health and Safety Code, is amended by adding Subchapter D to read as follows:

SUBCHAPTER D. INTERDISCIPLINARY GROUP MEETINGS

Sec. 142.101. DEFINITION. In this subchapter, "interdisciplinary group" and "group" mean a group that meets on the request of a home and community support services agency when that agency identifies a need to discuss service delivery issues or barriers to service delivery for a client served by the agency.

Sec. 142.102. MEMBERS OF INTERDISCIPLINARY GROUP. An interdisciplinary group must include the following members:

(1) the client who is the subject of the interdisciplinary group discussion, the client's representative, or both the client and the client's representative;

(2) a representative of the home and community support services agency that requested the interdisciplinary group meeting; and

(3) a commission representative, who must be:

(A) a case worker or the case worker's designee;

(B) the applicable contract manager or contract manager's designee; or

(C) the applicable regional nurse or nurse's designee.

Sec. 142.103. INTERDISCIPLINARY GROUP MEETING REQUEST AND SUSPENSION OF CLIENT SERVICES. (a) A home and community support services agency may submit a request to the commission, in the form and manner prescribed by the commission, for an interdisciplinary group meeting for a client served by the agency.

(b) The commission must respond to a home and community support services agency's request for an interdisciplinary group meeting not later than 48 hours after the request is received by the commission.

(c) Except as otherwise provided by this subsection, a home and community support services agency may suspend the provision of services to a client until a requested interdisciplinary group meeting for that client is conducted and the group makes a final determination regarding the provision of care to the client. This subsection does not apply to a client who has priority status, as determined by executive commissioner rule.

Sec. 142.104. METHOD OF MEETING. (a) Except as provided by Subsection (b), an interdisciplinary group shall hold all meetings in person.

(b) If holding an in-person interdisciplinary group meeting is not possible, the group may hold the meeting through videoconference. If neither an in-person meeting nor a meeting by videoconference is possible, the group may hold the meeting by telephone conference call.

Sec. 142.105. EFFECT OF MEETING. (a) Not later than the fifth business day after the date of an interdisciplinary group meeting, the commission shall:

(1) resolve any outstanding issues raised in the meeting; and

(2) send a written notice to the home and community support services agency that requested the meeting to notify the agency that:

(A) not earlier than the second business day after the date the agency receives the notice, the case created by the meeting request will be closed; and

(B) the agency may respond with a request for an additional meeting before the date the case is closed.

(b) The commission shall close a case not earlier than the second business day after the date an agency receives notice provided under Subsection (a)(2), if the agency did not request an additional meeting in accordance with Subsection (a)(2)(B).

Sec. 142.106. NOTICE OF CLIENT'S PREVIOUSLY SUSPENDED SERVICES. The commission shall notify a home and community support services agency if:

(1) the agency provides services to a new client; and

(2) the client described by Subdivision (1) was the subject of a previous interdisciplinary group meeting, and the interdisciplinary group determination resulted in the client's previous agency suspending services to the client.

SECTION 2. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt any rules necessary to implement Subchapter D, Chapter 142, Health and Safety Code, as added by this Act.

SECTION 3. This Act takes effect September 1, 2023.