Bill Text: TX HB3720 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to long-term care facilities for and Medicaid waiver programs available to certain individuals, including individuals with intellectual and developmental disabilities.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3720 Detail]
Download: Texas-2021-HB3720-Introduced.html
Bill Title: Relating to long-term care facilities for and Medicaid waiver programs available to certain individuals, including individuals with intellectual and developmental disabilities.
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [HB3720 Detail]
Download: Texas-2021-HB3720-Introduced.html
By: Frank | H.B. No. 3720 |
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relating to interest lists and eligibility criteria for certain | ||
Medicaid 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 531.0605 and 531.0606 to read as | ||
follows: | ||
Sec. 531.0605. INTEREST LISTS FOR CERTAIN MEDICAID WAIVER | ||
PROGRAMS. (a) This section applies to interest lists in the | ||
following Medicaid waiver programs: | ||
(1) the community living assistance and support | ||
services (CLASS) waiver program; | ||
(2) the home and community-based services (HCS) waiver | ||
program; | ||
(3) the deaf-blind with multiple disabilities (DBMD) | ||
waiver program; | ||
(4) the Texas home living (TxHmL) waiver program; | ||
(5) the medically dependent children (MDCP) waiver | ||
program; and | ||
(6) the STAR + PLUS home and community-based services | ||
and supports (STAR + PLUS HCBS) program. | ||
(b) The commission, in consultation with the Intellectual | ||
and Developmental Disability System Redesign Advisory Committee | ||
established under Section 534.053, the State Medicaid Managed Care | ||
Advisory Committee established under Section 531.012, and other | ||
interested stakeholders, shall develop a questionnaire for | ||
individuals who are on an interest list for any Medicaid waiver | ||
program. | ||
(c) The questionnaire described in Subsection (b) must | ||
capture, at a minimum, the following information: | ||
(1) general demographic and contact information; | ||
(2) the types of assistance the individual needs; | ||
(3) the individual's living arrangement; | ||
(4) caregiver supports and any risks to caregiver | ||
supports; and | ||
(5) when delivery of the services should begin to | ||
ensure the individual's health and welfare in the least restrictive | ||
setting possible. | ||
(d) Beginning no later than September 1, 2024, and subject | ||
to the availability of funds, the commission shall require all | ||
individuals on an interest list to complete or update the | ||
questionnaire described in Subsection (b) on an annual basis. | ||
(e) For an individual on an interest list who does not | ||
respond to written or verbal requests for annual or biennial | ||
updates to interest list information or otherwise fails to maintain | ||
contact with the commission: | ||
(1) the commission shall consider the individual | ||
inactive and determine which interest list(s) to which the inactive | ||
status will apply until the individual makes contact with the | ||
commission and indicates he or she is still interested in waiver | ||
program services; and | ||
(2) if the individual status remains inactive for four | ||
years or more, the commission shall not include the individual in | ||
reporting the number of individuals on any waiver program interest | ||
list to which the inactive status for the individual applies. | ||
(f) Individuals who are eligible to receive Supplemental | ||
Security Income (SSI) (42 U.S.C. Section 1381 et seq.) and are on | ||
the interest list for the MDCP waiver program as of September 1, | ||
2021, shall be assessed by the commission for waiver program | ||
eligibility as soon as possible. | ||
(g) After September 1, 2021, individuals who receive | ||
Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.) | ||
and express an interest in receiving MDCP waiver program services | ||
shall be assessed by the commission for waiver program eligibility | ||
without first being placed on the MDCP waiver program interest | ||
list. | ||
(h) The commission shall explore the feasibility of | ||
creating an online portal for individuals to request placement on | ||
an interest list and to complete and update the questionnaire | ||
described in Subsection (b). | ||
Sec. 531.0606. ELIGIBILITY FOR CERTAIN MEDICAID WAIVER | ||
PROGRAMS. (a) In determining eligibility criteria for the TxHmL | ||
waiver program, the commission shall: | ||
(1) establish income eligibility levels consistent | ||
with Title XIX of the Social Security Act and any other applicable | ||
law or regulations, so that an individual whose income is at or | ||
below 300 percent of the federal poverty level is eligible for the | ||
program; and | ||
(2) add level of care VIII, as defined by the | ||
commission, to the eligibility criteria for the program. | ||
SECTION 2. 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 3. This Act takes effect September 1, 2021. |