Bill Text: TX HB2903 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the program of all-inclusive care for the elderly.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB2903 Detail]
Download: Texas-2011-HB2903-Enrolled.html
H.B. No. 2903 |
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relating to the program of all-inclusive care for the elderly. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.053, Human Resources Code, is amended | ||
by amending Subsections (a), (b), and (e) and adding Subsections | ||
(f), (g), and (h) to read as follows: | ||
(a) The department, as an integral [ |
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assistance program, shall develop and implement a program of | ||
all-inclusive care for the elderly (PACE) in accordance with | ||
Section 4802 of the Balanced Budget Act of 1997 (Pub. L. No. | ||
105-33), as amended. The department shall provide medical | ||
assistance to a participant in the PACE program in the manner and to | ||
the extent authorized by federal law. | ||
(b) The executive commissioner of the Health and Human | ||
Services Commission [ |
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implement this section. In adopting rules, the executive | ||
commissioner [ |
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(1) use the Bienvivir Senior Health Services of El | ||
Paso initiative as a model for the program; [ |
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(2) ensure that a person is not required to hold a | ||
certificate of authority as a health maintenance organization under | ||
Chapter 843, Insurance Code, [ |
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provide services under the PACE program; | ||
(3) ensure that participation in the PACE program is | ||
available as an alternative to enrollment in a Medicaid managed | ||
care plan under Chapter 533, Government Code, for eligible | ||
recipients, including recipients eligible for assistance under | ||
both the medical assistance and Medicare programs; | ||
(4) ensure that managed care organizations that | ||
contract under Chapter 533, Government Code, consider the | ||
availability of the PACE program when considering whether to refer | ||
a recipient to a nursing home or other long-term care facility; and | ||
(5) establish protocols for the referral of eligible | ||
persons to the PACE program. | ||
(e) The [ |
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Department of [ |
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on aging[ |
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promote PACE program sites operating under this section. The | ||
department shall adopt policies and procedures, including | ||
operating guidelines, to ensure that caseworkers and any other | ||
appropriate department staff discuss the benefits of participating | ||
in the PACE program with long-term care clients. | ||
(f) The department shall consider the PACE program as a | ||
community-based service option under any "Money Follows the Person" | ||
demonstration project or other initiative that is designed to | ||
eliminate barriers or mechanisms that prevent or restrict the | ||
flexible use of funds under the medical assistance program to | ||
enable a recipient to receive long-term services or supports in a | ||
setting of the recipient's choice. | ||
(g) A PACE program site may coordinate with entities that | ||
are eligible to obtain discount prescription drug prices under | ||
Section 340B, Public Health Service Act (42 U.S.C. Section 256b), | ||
as necessary to enable the PACE program site to obtain those | ||
discounts. | ||
(h) The commission shall adopt a standard reimbursement | ||
methodology for the payment of all PACE organizations for purposes | ||
of encouraging a natural increase in the number of PACE program | ||
sites throughout the state. | ||
SECTION 2. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.0531 to read as follows: | ||
Sec. 32.0531. PACE PROGRAM TEAM. (a) The Department of | ||
Aging and Disability Services shall establish a PACE program team | ||
composed of experienced personnel. The team is responsible for: | ||
(1) increasing public attention and awareness of the | ||
availability of PACE program sites; | ||
(2) increasing the number of PACE program sites | ||
operating in this state; and | ||
(3) serving as a liaison with the state and federal | ||
agencies responsible for administering the PACE program, | ||
participants in the program, and PACE program sites. | ||
(b) The PACE program team shall conduct a study to evaluate | ||
the feasibility of implementing a statewide standard reimbursement | ||
rate for all PACE organizations. Not later than September 1, 2012, | ||
the PACE program team shall submit to the Health and Human Services | ||
Commission a written report containing the findings of the study | ||
conducted under this subsection and the team's recommendations. | ||
This subsection expires September 2, 2012. | ||
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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2903 was passed by the House on May 5, | ||
2011, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2903 on May 25, 2011, by the following vote: Yeas 145, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2903 was passed by the Senate, with | ||
amendments, on May 24, 2011, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |