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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of residential services under the |
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Medicaid home and community-based services (HCS) waiver program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 546, Government Code, as |
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effective April 1, 2025, is amended by adding Section 546.0303 to |
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read as follows: |
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Sec. 546.0303. PROVISION OF RESIDENTIAL SERVICES UNDER HOME |
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AND COMMUNITY-BASED SERVICES (HCS) WAIVER PROGRAM. (a) In this |
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section, "Medicaid residential facility" means a Medicaid provider |
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that is a group home, host home, or similar congregate care setting |
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operated under the commission's authority and that provides |
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residential services to recipients under the home and |
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community-based services (HCS) waiver program. |
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(b) A Medicaid residential facility may refuse to accept a |
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recipient as a resident of the facility if: |
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(1) the facility has reached the facility's service |
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capacity as identified in the commission's data system; |
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(2) the recipient has a history of or propensity for |
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engaging in: |
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(A) severe emotional behavior that has resulted |
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or may result in violence; or |
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(B) actions that could severely affect the health |
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or safety of other facility residents; or |
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(3) the recipient is physically aggressive in a manner |
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that presents a danger to other facility residents or to facility |
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staff and has continuing episodes of that physical aggression that |
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are unresponsive to: |
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(A) medical or behavioral treatment; and |
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(B) redirection measures. |
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(c) Before a recipient who is medically fragile or has |
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serious bodily injuries is placed in a Medicaid residential |
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facility, the commission shall determine whether the facility has |
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the capacity and capability to provide the necessary care and |
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services to the recipient. In making the determination, the |
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commission shall consider the scope of services the facility may |
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provide in accordance with the facility's current license or other |
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authorization. The commission may not require the facility to make |
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any modifications that would enable the facility to serve the |
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recipient. |
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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 the implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2025. |