Bill Text: TX HB3720 | 2021-2022 | 87th Legislature | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
87R21436 KKR-F | |||
By: Frank, González of El Paso, Noble, | H.B. No. 3720 | ||
Capriglione | |||
Substitute the following for H.B. No. 3720: | |||
By: Noble | C.S.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 531.06011 and 531.06035 to read as | ||
follows: | ||
Sec. 531.06011. CERTAIN MEDICAID WAIVER PROGRAMS: INTEREST | ||
LIST MANAGEMENT. (a) This section applies only with respect to the | ||
following 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 | ||
(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, and interested stakeholders, shall develop a | ||
questionnaire to be completed by or on behalf of an individual who | ||
requests to be placed on or is currently on an interest list for a | ||
waiver program. | ||
(c) The questionnaire developed under Subsection (b) must, | ||
at a minimum, request the following information about an individual | ||
seeking or receiving services under a waiver program: | ||
(1) contact information for the individual or the | ||
individual's parent or other legally authorized representative; | ||
(2) the individual's general demographic information; | ||
(3) the individual's living arrangement; | ||
(4) the types of assistance the individual requires; | ||
(5) the individual's current caregiver supports and | ||
circumstances that may cause the individual to lose those supports; | ||
and | ||
(6) when the delivery of services under a waiver | ||
program should begin to ensure the individual's health and welfare | ||
and that the individual receives services and supports in the least | ||
restrictive setting possible. | ||
(d) Subject to the availability of funds, the commission | ||
shall require all individuals on an interest list to annually | ||
update the questionnaire developed under Subsection (b). | ||
(e) If the commission determines that it is feasible, the | ||
commission shall develop an online portal to allow an individual or | ||
an individual's parent or other legally authorized representative | ||
to: | ||
(1) request placement on a waiver program interest | ||
list; and | ||
(2) complete and update the questionnaire developed | ||
under Subsection (b). | ||
(f) If an individual is on a waiver program's interest list | ||
and the individual or the individual's parent or other legally | ||
authorized representative does not respond to a written or verbal | ||
request made by the commission to update information concerning the | ||
individual or otherwise fails to maintain contact with the | ||
commission, the commission: | ||
(1) shall designate the individual's status on the | ||
interest list as inactive until the individual or the individual's | ||
parent or other legally authorized representative notifies the | ||
commission that the individual is still interested in receiving | ||
services under the waiver program; and | ||
(2) at the time the individual or the individual's | ||
parent or other legally authorized representative provides notice | ||
to the commission under Subdivision (1), shall designate the | ||
individual's status on the interest list as active and restore the | ||
individual to the position on the list that corresponds with the | ||
date the individual was initially placed on the list. | ||
(g) The commission's designation of an individual's status | ||
on an interest list as inactive under Subsection (f) may not result | ||
in the removal of the individual from that list or any other waiver | ||
program interest list. | ||
(h) Not later than September 1 of each year, the commission | ||
shall provide to the Intellectual and Developmental Disability | ||
System Redesign Advisory Committee established under Section | ||
534.053, or, if that advisory committee is abolished, an | ||
appropriate stakeholder advisory committee, as determined by the | ||
executive commissioner, the number of individuals, including | ||
individuals whose status is designated as inactive by the | ||
commission, who are on an interest list to receive services under a | ||
waiver program. | ||
Sec. 531.06035. MEDICALLY DEPENDENT CHILDREN WAIVER | ||
PROGRAM (MDCP) INTEREST LIST; MEDICAL NECESSITY ASSESSMENT | ||
REQUIRED. (a) This section applies only to a child who receives | ||
Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et | ||
seq.). | ||
(b) If a child's parent or other legally authorized | ||
representative expresses interest in placing the child on the | ||
interest list for the medically dependent children (MDCP) waiver | ||
program, the commission shall conduct a medical necessity | ||
assessment of the child to ensure the child is eligible for services | ||
before placing the child on the program's interest list. | ||
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: | ||
(1) "Related condition" means, consistent with 42 | ||
C.F.R. Section 435.1010, a severe and chronic disability that: | ||
(A) is attributed to: | ||
(i) cerebral palsy or epilepsy; or | ||
(ii) any other condition, other than mental | ||
illness, found to be closely related to intellectual disability | ||
because the condition results in impairment of general intellectual | ||
functioning or adaptive behavior similar to that of individuals | ||
with intellectual disability, and requires treatment or services | ||
similar to those required for individuals with intellectual | ||
disability; | ||
(B) is manifested before the individual reaches | ||
22 years of age; | ||
(C) is likely to continue indefinitely; and | ||
(D) results in substantial functional limitation | ||
in at least three of the following areas of major life activity: | ||
(i) self-care; | ||
(ii) understanding and use of language; | ||
(iii) learning; | ||
(iv) mobility; | ||
(v) self-direction; and | ||
(vi) capacity for independent living. | ||
(2) "Section 1915(c) waiver program" has the meaning | ||
assigned by Section 531.001, Government Code. | ||
(b) To the extent allowed 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) To the extent permitted by federal law, the commission | ||
shall expand medical eligibility criteria under the Texas home | ||
living (TxHmL) waiver program to ensure that an individual is | ||
medically eligible to participate in the waiver program if the | ||
individual: | ||
(1) has a primary diagnosis by a licensed physician of | ||
a related condition that is included on the list of diagnostic codes | ||
for persons with related conditions that are approved by the | ||
commission; and | ||
(2) has moderate to extreme deficits in adaptive | ||
behavior, as determined by commission rule, obtained by | ||
administering a standardized assessment of adaptive behavior. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act, the Health and Human Services Commission shall: | ||
(1) develop the questionnaire required by Section | ||
531.06011(b), Government Code, as added by this Act, and, subject | ||
to the availability of funds, implement Subsection (c) of that | ||
section not later than September 1, 2024; | ||
(2) determine the feasibility of developing an online | ||
portal under Section 531.06011(e), Government Code, as added by | ||
this Act, and if feasible, develop and implement the online portal; | ||
and | ||
(3) as appropriate, conduct a medical necessity | ||
assessment of each child who is on the interest list for the | ||
medically dependent children (MDCP) waiver program on the effective | ||
date of this Act to ensure the child's eligibility for program | ||
services. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2021. |