Bill Text: TX HB2983 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to a pilot project to provide medical nutrition assistance to certain Medicaid recipients in this state.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Engrossed - Dead) 2023-05-01 - Referred to Health & Human Services [HB2983 Detail]
Download: Texas-2023-HB2983-Engrossed.html
By: Oliverson, Rose, Raymond, Manuel, | H.B. No. 2983 | |
Thierry, et al. |
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relating to a pilot project to provide medical nutrition assistance | ||
to certain Medicaid recipients in this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.077 to read as follows: | ||
Sec. 32.077. HEALTHY FOOD IS GOOD MEDICINE PILOT PROJECT | ||
FOR PREGNANT AND POSTPARTUM MEDICAID RECIPIENTS. (a) In this | ||
section: | ||
(1) "Community-based organization" means an | ||
organization that: | ||
(A) is exempt from the payment of federal income | ||
taxes under Section 501(a), Internal Revenue Code of 1986, by being | ||
listed as an exempt entity under Section 501(c)(3) of that code; | ||
(B) provides medical nutrition assistance; | ||
(C) has an established agreement with a medical | ||
provider to implement medical nutrition assistance under this | ||
section; and | ||
(D) employs: | ||
(i) at least one registered dietitian | ||
nutritionist; | ||
(ii) culinary personnel; and | ||
(iii) support personnel capable of | ||
providing patient referrals to a medical provider, sourcing | ||
ingredients, and packaging and delivering meals to medical | ||
nutrition assistance recipients. | ||
(2) "Healthy food prescription program" means a | ||
program under which a medical provider prescribes healthy food to a | ||
high-risk patient to decrease the incidence of one or more | ||
diet-related chronic illnesses by increasing the patient's access | ||
to healthy food, including fresh fruits and vegetables, through the | ||
use of vouchers or by other means. | ||
(3) "Medical nutrition assistance" means: | ||
(A) the provision of medically tailored meals to | ||
individuals who have a chronic disease, including diabetes, | ||
congestive heart failure, chronic pulmonary disease, kidney | ||
disease, or other chronic disease, that is impacted by the | ||
individual's diet and limits at least one activity of the | ||
individual's daily living to support treatment and management of | ||
the disease; and | ||
(B) the provision of healthy food prescription | ||
programs to individuals who experience food insecurity and have at | ||
least one chronic health condition directly impacted by the | ||
nutritional quality of food to support treatment and management of | ||
the condition. | ||
(4) "Medical provider" means: | ||
(A) a federally qualified health center as | ||
defined by 42 U.S.C. Section 1396d(l)(2)(B); or | ||
(B) a participating provider, as defined by | ||
Section 32.101. | ||
(5) "Medically tailored meal" means food prepared as | ||
prescribed by a registered dietitian nutritionist or other | ||
qualified health care professional to address an individual's | ||
chronic disease or health condition and any associated symptoms. | ||
(6) "Pilot project" means the pilot project required | ||
under Subsection (b). | ||
(b) The executive commissioner shall seek a waiver under | ||
Section 1115 of the federal Social Security Act (42 U.S.C. 1315) to | ||
the state Medicaid plan to develop and implement a five-year pilot | ||
project to demonstrate the cost effectiveness and improved health | ||
care outcomes of Medicaid recipients in this state during pregnancy | ||
and the postpartum period who are provided medical nutrition | ||
assistance through medical providers and community-based | ||
organizations in not more than six Medicaid service delivery areas. | ||
(c) The pilot project must be established in service | ||
delivery areas located in: | ||
(1) a municipality with a population greater than | ||
670,000; or | ||
(2) a county: | ||
(A) with a population greater than 65,000; | ||
(B) that is located on an international border; | ||
and | ||
(C) in which at least one World Birding Center | ||
site is located. | ||
(d) The commission shall collaborate and contract with | ||
managed care organizations, the state Medicaid managed care | ||
advisory committee, community-based organizations, and medical | ||
providers in administering the pilot project. | ||
(e) In implementing the pilot project, the executive | ||
commissioner by rule shall establish eligibility criteria for | ||
Medicaid recipients to participate in the pilot project. The | ||
criteria must require that a recipient be pregnant or recently, as | ||
determined by commission rule, postpartum and: | ||
(1) have a diet-related or pregnancy-related health | ||
condition; or | ||
(2) be likely to experience improved maternal and | ||
infant health outcomes as a result of increased access to healthy | ||
foods. | ||
(f) The commission shall, to the extent allowed by a waiver | ||
obtained under Subsection (b), establish a payment methodology, | ||
including payment rates, for: | ||
(1) a medical provider who through medical personnel, | ||
including registered dietitian nutritionists, social workers, and | ||
community health workers, provides the following services: | ||
(A) assessments and screening of recipients to | ||
determine eligibility for participation in the pilot project; | ||
(B) development of individual care plans and | ||
health outcome tracking for pilot project participants; and | ||
(C) care management services, including | ||
nutrition and health education and assisting participants in | ||
adhering to individual case plans; and | ||
(2) community-based organizations that provide the | ||
following services: | ||
(A) referral of recipients to a medical provider | ||
for assessment and screening for eligibility for participation in | ||
the pilot project; | ||
(B) ingredient sourcing and meal preparation for | ||
pilot project participants; | ||
(C) meal delivery to pilot project participants; | ||
and | ||
(D) community outreach, including education on | ||
disease management, nutrition and health, and access to community | ||
nutrition services. | ||
(g) The commission shall submit reports to the legislature | ||
on the results of a pilot project implemented under this section as | ||
follows: | ||
(1) an initial report to be submitted not later than | ||
the first anniversary of the date the pilot project is implemented | ||
under this section; | ||
(2) a second report to be submitted not later than 30 | ||
months following the date the pilot project is implemented; and | ||
(3) a final report to be submitted not later than three | ||
months after the pilot project concludes. | ||
(h) A report submitted to the legislature under Subsection | ||
(g) must include: | ||
(1) the number of participants in the pilot project; | ||
(2) de-identified and aggregated data on any relevant | ||
medical outcomes for the participants and the infants born to | ||
participants during the time the participants participated in the | ||
pilot project, including: | ||
(A) the results of participants' hemoglobin A1c | ||
tests; | ||
(B) the incidence of pregnancy-related | ||
conditions, including gestational diabetes and preeclampsia; | ||
(C) changes in participants' body mass index; | ||
(D) changes in participants' blood pressure; | ||
(E) the birth weight of the infants; and | ||
(F) participant or infant hospital admissions | ||
and emergency room visits; | ||
(3) any cost savings or increased expenditures | ||
incurred as a result of the pilot project; and | ||
(4) a commission recommendation on whether to | ||
terminate, continue, or expand the pilot project. | ||
(i) This section expires September 1, 2029. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall apply for and actively pursue a waiver | ||
under Section 1115 of the federal Social Security Act (42 U.S.C. | ||
Section 1315) to the state Medicaid plan from the federal Centers | ||
for Medicare and Medicaid Services or any other federal agency to | ||
implement Section 32.077, Human Resources Code, as added by this | ||
Act. The commission may delay implementing Section 32.077, Human | ||
Resources Code, as added by this Act, until the waiver applied for | ||
under this section is granted. | ||
SECTION 3. This Act takes effect September 1, 2023. |