HBA-DMD C.S.H.B. 2148 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2148
By: Maxey
Human Services
4/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current federal law, states are allowed to apply for waivers of
certain Medicaid requirements. Legislation passed by the 75th Legislature
required the Health and Human Services Commission (commission) to study and
make recommendations regarding the feasibility and advisability of
consolidating the state's Medicaid long-term care 1915(c) waiver programs,
which allow states to provide home and community-based services to
individuals who qualify for care in an institution. Currently, Texas
operates eight 1915(c) waivers. 

C.S.H.B. 2148 requires the commission to make uniform the functions
relating to the administration and delivery of Section 1915(c) waiver
programs.  This bill requires the commission to ensure that information on
individuals seeking to obtain services from Section 1915(c) waiver programs
is maintained in a single computerized database that is accessible to staff
of each of the state agencies administering those programs. This bill also
requires the commission, by rule, to develop and implement a pilot program
to assess the advisability of consolidating the section waiver programs. It
also requires the commission to regularly consult with and obtain input
from certain persons, groups, or state agencies. C.S.H.B. 2148 requires the
commission to submit a report to the legislature on the effectiveness of
the pilot program and authorizes a state agency to obtain authorization
from a federal agency if the state agency determines that such
authorization is needed in order to implement any provision of this Act. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 2 (Section 531.0219, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 531.001, Government Code, by adding Subdivision
(6), to define "Section 1915(c) waiver program." 

SECTION 2.  Amends Subchapter B, Chapter 531, Government Code, by adding
Sections 531.0218, 531.0219, and 531.02191, as follows: 

Sec. 531.0218. LONG-TERM CARE MEDICAID PROGRAMS. (a) Requires the Health
and Human Services Commission (commission), to the extent authorized by
state and federal law, to make uniform the functions relating to the
administration and delivery of Section 1915(c) waiver programs, including
rate setting, the applicability and use of service definitions, quality
assurance, and intake data elements. 

(b) Sets forth that Subsection (a) does not apply to functions of a Section
1915(c) waiver program that is operated in conjunction with a federally
funded Medicaid program of the state authorized under Section 1915(b) of
the federal Social Security Act (42 U.S.C. Section 1396n(b)).  

(c) Requires the commission to ensure that information on individuals
seeking to obtain services from Section 1915(c) waiver programs is
maintained in a single computerized  database that is accessible to staff
of each of the state agencies administering those programs. 

Sec. 531.0219. PILOT PROGRAM RELATING TO SECTION 1915(C) WAIVER PROGRAMS.
Requires the commission, by rule, to develop and implement a pilot program
to assess the advisability of consolidating the section waiver programs.
Sets requirements for the pilot program. Requires the commission to submit
to the legislature a report evaluating the administrative efficiencies and
effectiveness of serving, in a single program, individuals eligible for a
Section 1915(c) waiver program. 

Sec. 531.02191. PUBLIC INPUT. Requires the commission, in complying with
the requirements of Sections 531.0218 and 531.0219, to regularly consult
with and obtain input from certain persons, groups, or state agencies. 

SECTION 3. Requires a state agency, if before implementing any provision of
this Act the state agency determines that a waiver or authorization from a
federal agency is necessary for implementation, to request the waiver or
authorization and authorizes the state agency to delay implementing that
provision until the waiver or authorization is granted. Provides that the
requirement of Section 531.0219 is contingent on the state receiving any
necessary approval from a federal agency.  

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B 2148 differs from the original bill in new SECTION 1 (Section
531.001, Government Code) by adding the definition of "Section 1915(c)
waiver program." 

C.S.H.B. 2148 differs from the original bill in SECTION 2 (Section
531.0218, Government Code) by redesignating SECTION 1 of the original bill
to SECTION 2 of the substitute and by modifying Section 531.0218,
Government Code to require the commission, to the extent authorized by
state and federal law, to make uniform the functions relating to the
administration and delivery of Section 1915(c) waiver programs, except as
to functions of a Section 1915(c) waiver program that is operated in
conjunction with a federally funded Medicaid program of the state
authorized under Section 1915(b) of the federal Social Security Act.  This
substitute also requires the commission to ensure that information on
individuals seeking to obtain services from Section 1915(c) waiver programs
is maintained in a single computerized database that is accessible to staff
of each of the state agencies administering those programs. Proposed
Sections 531.0219 and 531.02191, Government Code, relate to the requirement
of the commission to develop and implement a pilot program to assess the
advisability of consolidating the Section 1915(c) waiver programs and to
consult and obtain input from certain sources. 

This substitute deletes SECTION 2 of the original bill requiring the
commission, by rule, to develop a pilot program. 

This substitute also deletes SECTION 3 of the original bill, relating to
the requirement that the commission report to the legislature and replaces
it with a new SECTION 3 enabling a state agency to obtain a waiver from the
federal government.  

This substitute deletes SECTIONS 4 and 5 relating of the original bill to
the provision enabling a state agency to obtain a waiver from the federal
government and requiring the commission to develop the  plan making uniform
certain functions relating to Medicaid.  

This substitute deletes SECTION 6 of the original bill relating to the
expiration date of certain sections of this Act. 

This substitute redesignates the effective date and emergency clause from
SECTIONS 7 and 8 of the  original bill to SECTIONS 4 and 5 of the
substitute.