Bill Text: TX SB41 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the administration and provision of consumer-directed services under certain health and human services programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-28 - Referred to Health & Human Services [SB41 Detail]

Download: Texas-2013-SB41-Introduced.html
  83R1304 EES-D
 
  By: Zaffirini S.B. No. 41
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration and provision of consumer-directed
  services under certain health and human services programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 531.051, Government Code,
  is amended to read as follows:
         Sec. 531.051.  CONSUMER DIRECTION OF CERTAIN SERVICES FOR
  CERTAIN PERSONS [WITH DISABILITIES AND ELDERLY PERSONS].
         SECTION 2.  Section 531.051(a), Government Code, is amended
  by amending Subdivision (2) and adding Subdivisions (4-a) and (5-a)
  to read as follows:
               (2)  "Consumer direction" or "consumer direction
  model" means a service delivery model under which a consumer or the
  consumer's legally authorized representative exercises control
  over the development and implementation of the consumer's
  individual service plan or over the persons delivering the services
  directly to the consumer.  The term includes the consumer-directed
  service option, the service responsibility option, the
  individualized budget option, the purchasing option, and other
  types of service delivery models developed by the commission under
  this section.
               (4-a)  "Individualized budget option" means a type of
  consumer direction model in which:
                     (A)  a consumer-directed services agency
  assesses the needs of a consumer and assists the consumer in
  developing an individual budget expressed in dollars and based on
  the anticipated cost of services and supports appropriate for the
  consumer for the purchase of the goods and services necessary to
  meet the consumer's needs;
                     (B)  the consumer and, if appropriate, a person
  who provides support or counseling services to the consumer develop
  a spending plan for how and when the consumer will spend the money
  in accordance with the consumer's individual budget;
                     (C)  a consumer-directed services agency monitors
  the consumer's individual budget;
                     (D)  the consumer receives financial management
  services through the consumer-directed services agency that
  developed or monitors the consumer's individual budget; and
                     (E)  the consumer does not directly receive cash
  in relation to the consumer's individual budget but is instead
  provided with a variety of tracking methods to manage and monitor
  the consumer's individual budget.
               (5-a)  "Purchasing option" means a type of consumer
  direction model in which a consumer is allocated money to purchase
  goods and services that:
                     (A)  are permissible under applicable federal and
  state laws;
                     (B)  address the needs identified in the
  consumer's individual service plan;
                     (C)  the consumer can afford without compromising
  the consumer's health or safety; and
                     (D)  are directly for the consumer's benefit.
         SECTION 3.  Section 531.051, Government Code, is amended by
  amending Subsections (b) and (c) and adding Subsection (c-1) to
  read as follows:
         (b)  The commission shall develop and oversee the
  implementation of consumer direction models under which a person
  with a disability or an elderly person who is receiving certain
  state-funded or Medicaid-funded services, a person who is receiving
  public mental health services under a program administered by the
  Department of State Health Services, or the [person's] legally
  authorized representative of one of those persons [,] exercises
  control over the development and implementation of the person's
  individual service plan or over the persons who directly deliver
  the services.
         (c)  In adopting rules for the consumer direction models, the
  executive commissioner [commission] shall:
               (1)  with assistance from the work group established
  under Section 531.052 and subject to Subsection (c-1), determine
  which services are appropriate and suitable for delivery through
  consumer direction;
               (2)  ensure that each consumer direction model is
  designed to comply with applicable federal and state laws;
               (3)  maintain procedures to ensure that a potential
  consumer or the consumer's legally authorized representative has
  adequate and appropriate information, including the
  responsibilities of a consumer or representative under each service
  delivery option, to make an informed choice among the types of
  consumer direction models;
               (4)  require each consumer or the consumer's legally
  authorized representative to sign a statement acknowledging
  receipt of the information required by Subdivision (3);
               (5)  maintain procedures to monitor delivery of
  services through consumer direction to ensure:
                     (A)  adherence to existing applicable program
  standards;
                     (B)  appropriate use of funds; and
                     (C)  consumer satisfaction with the delivery of
  services;
               (6)  ensure that authorized program services that are
  not being delivered to a consumer through consumer direction are
  provided by a provider agency chosen by the consumer or the
  consumer's legally authorized representative; and
               (7)  work in conjunction with the work group
  established under Section 531.052 to set a timetable to complete
  the implementation of the consumer direction models.
         (c-1)  In adopting rules regarding what services are
  appropriate and suitable for delivery through consumer direction
  under Subsection (c)(1), the executive commissioner shall ensure
  that:
               (1)  included in the services eligible for
  consumer-directed delivery are all home and community-based
  services provided under the Medicaid state plan, including services
  provided under the STAR + PLUS Medicaid managed care program and
  Medicaid waiver programs, including waiver programs authorized
  under Sections 1915 and 1115 of the federal Social Security Act (42
  U.S.C. Sections 1396n and 1315); and
               (2)  consumers are provided case management and service
  coordination when available.
         SECTION 4.  Not later than December 1, 2013, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules necessary to develop and implement the consumer
  direction models described in Sections 531.051(a)(4-a) and (5-a),
  Government Code, as added by this Act, and the rules required by
  Section 531.051(c-1), Government Code, as added by this Act.
         SECTION 5.  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 6.  This Act takes effect September 1, 2013.
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