88R13597 KKR-D
 
  By: Parker S.B. No. 2143
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility for and access to certain Medicaid
  waiver programs, including the medically dependent children (MDCP)
  and the Texas home living (TxHmL) waiver programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Sections 531.06012 and 531.06041 and amending
  Section 531.0604 to read as follows:
         Sec. 531.06012.  MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER
  PROGRAM DIVERSION SLOTS.  To the extent possible, the commission
  shall increase the number of medically dependent children (MDCP)
  waiver program diversion slots for children who are medically
  fragile and at high risk of being placed in an institutional
  setting.
         Sec. 531.0604.  MEDICALLY DEPENDENT CHILDREN PROGRAM
  ELIGIBILITY REQUIREMENTS; NURSING FACILITY LEVEL OF CARE.  To the
  extent allowed by federal law, the commission may not require that a
  child reside in a nursing facility for:
               (1)  an extended period of time to meet the nursing
  facility level of care required for the child to be determined
  eligible for the medically dependent children (MDCP) waiver
  program; or
               (2)  any period of time to meet the nursing facility
  level of care required for the child to be determined eligible for
  the medically dependent children (MDCP) waiver program if the child
  is:
                     (A)  medically fragile; and
                     (B)  accessing the program through a "Money
  Follows the Person" demonstration project.
         Sec. 531.06041.  TRANSITION OF CERTAIN CHILDREN TO MEDICALLY
  DEPENDENT CHILDREN (MDCP) WAIVER PROGRAM.  The commission shall
  transition a child from another Section 1915(c) waiver program to
  the medically dependent children (MDCP) waiver program if the
  child:
               (1)  receives Supplemental Security Income (SSI) (42
  U.S.C. Section 1381 et seq.); and
               (2)  meets the program's level of care criteria for
  medical necessity for nursing facility care.
         SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.0521 to read as follows:
         Sec. 32.0521.  ELIGIBILITY FOR TEXAS HOME LIVING (TxHmL)
  WAIVER PROGRAM. (a) In this section, "Section 1915(c) waiver
  program" has the meaning assigned by Section 531.001, Government
  Code.
         (b)  To the extent permitted by federal law, an individual is
  financially eligible to participate in the Texas home living
  (TxHmL) waiver program if the individual's family income is not
  more than the special income limit established by the commission
  for other Section 1915(c) waiver programs, including the home and
  community-based services (HCS) waiver program.
         (c)  The commission may not require that an individual who
  has an approved primary diagnosis of a related condition meet
  intelligence quotient criteria to be eligible for the Texas home
  living (TxHmL) waiver program.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.