88R8798 JG-D
 
  By: LaMantia S.B. No. 2178
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of the Autism Medicaid Services
  Program Advisory Council to evaluate the provision of applied
  behavior analysis services under Medicaid.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 2, Health and Safety Code, is
  amended by adding Chapter 111 to read as follows:
  CHAPTER 111. AUTISM MEDICAID SERVICES PROGRAM ADVISORY COUNCIL
         Sec. 111.001.  DEFINITIONS. In this chapter:
               (1)  "Advisory council" means the Autism Medicaid
  Services Program Advisory Council established under this chapter.
               (2)  "Medicaid managed care organization" has the
  meaning assigned by Section 531.001, Government Code.
               (3)  "Program" means the autism Medicaid services
  program administered by the commission under Medicaid to provide
  applied behavior analysis services to recipients with autism
  spectrum disorder.
               (4)  "Recipient" has the meaning assigned by Section
  533.001, Government Code.
         Sec. 111.002.  PURPOSE. The purpose of the Autism Medicaid
  Services Program Advisory Council is to:
               (1)  create a structured forum by convening relevant
  stakeholders to evaluate and advise the commission on issues and
  concerns relating to the provision of applied behavior analysis
  services under the program;
               (2)  provide a structured forum through which
  recipients receiving services under the program and the public are
  able to provide input on the provision of applied behavior analysis
  services under the program; and
               (3)  assess and provide reports on the program in
  accordance with this chapter.
         Sec. 111.003.  ESTABLISHMENT OF ADVISORY COUNCIL. The
  advisory council is established to advise the commission and
  legislature on the provision of applied behavior analysis services
  to recipients under the program, including the implementation and
  efficacy of the program.
         Sec. 111.004.  MEMBERSHIP. (a) The advisory council is
  composed of the following members appointed by the executive
  commissioner:
               (1)  at least one commission employee who provides
  technical support for the program;
               (2)  at least one Texas Medicaid and Healthcare
  Partnership employee who provides technical support for the
  program;
               (3)  at least three representatives of Medicaid managed
  care organizations participating in the program;
               (4)  at least four representatives of licensed behavior
  analysts participating in the program that represent a variety of
  operational sizes;
               (5)  at least one representative of a licensed
  diagnosing provider of applied behavior analysis participating in
  the program;
               (6)  at least one representative of an advocacy and
  support group for individuals that represents persons with autism
  spectrum disorder in this state;
               (7)  at least one member who is a parent of a child who
  has been diagnosed with autism spectrum disorder and qualifies for
  participation in or receives services under the program; and
               (8)  any other person the executive commissioner
  determines appropriate who has appropriate subject matter
  expertise in autism, the program, or another relevant area.
         (b)  Each advisory council member must be a resident of this
  state.
         (c)  The executive commissioner shall select from among the
  advisory council members a presiding officer. In the event of a tie
  on a matter voted on by the advisory council, the presiding officer
  shall cast the deciding vote.
         (d)  An advisory council member is not entitled to
  compensation or reimbursement for expenses incurred in performing
  advisory council duties.
         Sec. 111.005.  TERMS AND VACANCY. (a) Advisory council
  members serve two-year terms.
         (b)  The executive commissioner shall fill a vacancy on the
  advisory council in the same manner as the original appointment for
  the remainder of the unexpired term.
         (c)  An advisory council member may be reappointed to serve
  on the advisory council.
         Sec. 111.006.  MEETINGS. (a)  The advisory council shall
  meet at times and locations as determined by the presiding officer
  or a majority of the advisory council members.
         (b)  Notwithstanding Chapter 551, Government Code, or any
  other law, the advisory council may meet by telephone conference
  call, videoconference, or another similar telecommunication
  method. A meeting held by telephone conference call,
  videoconference, or another similar telecommunication method is
  subject to the requirements of Sections 551.125(c)-(f), Government
  Code.
         (c)  A majority of the advisory council members constitutes a
  quorum.
         Sec. 111.007.  ANNUAL REPORT. (a) Not later than November 1
  of each year, the advisory council shall prepare and submit to the
  executive commissioner, the commission's executive council
  established under Section 531.0051, Government Code, the governor,
  and the legislature an electronic written report that includes:
               (1)  the total program budget for the preceding fiscal
  year;
               (2)  the total amount of money spent to provide
  reimbursements under the program for the provision of applied
  behavior analysis services during:
                     (A)  the preceding fiscal year under the program
  to provide reimbursements for the provision of applied behavior
  analysis services; and
                     (B)  the period beginning on the date the program
  was established to the 30th day preceding the date the report is
  prepared;
               (3)  the total number of recipients who received
  applied behavior analysis services under the program during:
                     (A)  the preceding fiscal year; and
                     (B)  the period beginning on the date the program
  was established to the 30th day preceding the date the report is
  prepared;
               (4)  the total number of projected recipients who will
  receive applied behavior analysis services under the program for
  the current fiscal year;
               (5)  the minutes of each advisory council meeting
  conducted during the preceding fiscal year, including any written
  public comments and transcribed oral public comments; and
               (6)  an analysis of barriers to:
                     (A)  the program's efficiency;
                     (B)  access to applied behavior analysis services
  under the program; and 
                     (C)  program network adequacy, including
  recommendations for improving program efficiency.
         (b)  Notwithstanding any other law, this section, including
  any action taken under this section to develop or disseminate
  information or materials, does not create a civil or administrative
  cause of action or a civil or criminal liability and does not create
  a standard of care, obligation, or duty that provides the basis for
  a cause of action.
         Sec. 111.008.  APPLICABILITY OF OTHER LAW. Chapter 2110,
  Government Code, does not apply to the advisory council.
         Sec. 111.009.  SUNSET PROVISION. The advisory council is
  subject to Chapter 325, Government Code (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the advisory
  council is abolished and this chapter expires September 1, 2029.
         SECTION 2.  (a) Not later than March 1, 2024, the executive
  commissioner of the Health and Human Services Commission shall
  appoint members to the Autism Medicaid Services Program Advisory
  Council as required by Chapter 111, Health and Safety Code, as added
  by this Act.
         (b)  Notwithstanding Chapter 111, Health and Safety Code, as
  added by this Act, the Autism Medicaid Services Program Advisory
  Council established under that chapter is not required to submit
  the first report under that chapter until November 1, 2024.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.