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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Autism Medicaid Services |
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Program Advisory Committee to evaluate the provision of applied |
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behavior analysis services under Medicaid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 531, Government Code, is |
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amended by adding Section 531.0122 to read as follows: |
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Sec. 531.0122. AUTISM MEDICAID SERVICES PROGRAM ADVISORY |
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COMMITTEE. (a) In this section: |
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(1) "Advisory committee" means the Autism Medicaid |
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Services Program Advisory Committee established under this |
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section. |
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(2) "Program" means the autism Medicaid services |
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program administered by the commission under Medicaid to provide |
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applied behavior analysis services to recipients with autism |
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spectrum disorder. |
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(b) In accordance with Section 531.012, the executive |
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commissioner by rule shall establish the Autism Medicaid Services |
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Program Advisory Committee to evaluate and advise the commission on |
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issues and concerns relating to the provision of applied behavior |
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analysis services under the program. |
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(c) The executive commissioner shall appoint to the |
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advisory committee members with expertise in the provision of |
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applied behavior analysis services, including: |
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(1) commission staff; |
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(2) commission contractors; |
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(3) Medicaid managed care organization |
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representatives; |
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(4) applied behavioral analysis providers |
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participating in the program that represent: |
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(A) various geographic areas of this state; and |
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(B) a variety of operational sizes; |
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(5) relevant advocates and stakeholders; |
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(6) recipients of applied behavior analysis services |
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or the parents or legal guardians of those recipients; and |
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(7) any other persons the executive commissioner |
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determines appropriate. |
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(d) The executive commissioner shall select from among the |
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advisory committee members a presiding officer. |
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(e) Not later than November 1 of each year, the advisory |
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committee shall prepare and submit to the executive commissioner, |
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the commission's executive council established under Section |
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531.0051, the governor, and the legislature an electronic written |
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report that includes: |
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(1) the total program budget for the preceding fiscal |
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year; |
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(2) the total amount of money spent to provide |
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reimbursements under the program for the provision of applied |
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behavior analysis services during: |
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(A) the preceding fiscal year under the program |
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to provide reimbursements for the provision of applied behavior |
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analysis services; and |
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(B) the period beginning on the date the program |
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was established to the 30th day preceding the date the report is |
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prepared; |
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(3) the total number of recipients who received |
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applied behavior analysis services under the program during: |
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(A) the preceding fiscal year; and |
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(B) the period beginning on the date the program |
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was established to the 30th day preceding the date the report is |
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prepared; |
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(4) the total number of projected recipients who will |
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receive applied behavior analysis services under the program for |
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the current fiscal year; |
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(5) the minutes of each advisory committee meeting |
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conducted during the preceding fiscal year, including any written |
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public comments and transcribed oral public comments; and |
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(6) an analysis of barriers to: |
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(A) the program's efficiency; |
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(B) access to applied behavior analysis services |
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under the program; and |
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(C) program network adequacy, including |
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recommendations for improving program efficiency. |
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(f) Beginning December 1, 2028, the commission shall: |
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(1) annually evaluate whether there is a continuing |
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need for the advisory committee; and |
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(2) make a recommendation regarding the committee's |
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continuation to the legislature and provide the recommendation with |
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the next annual report required under Subsection (e). |
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SECTION 2. (a) Not later than March 1, 2024, the executive |
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commissioner of the Health and Human Services Commission shall |
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appoint members to the Autism Medicaid Services Program Advisory |
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Committee as required by Section 531.0122, Government Code, as |
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added by this Act. |
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(b) Notwithstanding Section 531.0122, Government Code, as |
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added by this Act, the Autism Medicaid Services Program Advisory |
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Committee established under that section is not required to submit |
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the first report under that section until November 1, 2024. |
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SECTION 3. This Act takes effect September 1, 2023. |