Bill Text: TX HB5078 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the eligibility for and access to certain Medicaid waiver programs, including the medically dependent children (MDCP) and the Texas home living (TxHmL) waiver programs.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Human Services [HB5078 Detail]
Download: Texas-2023-HB5078-Introduced.html
| 88R13597 KKR-D | ||
| By: Oliverson | H.B. No. 5078 | |
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| relating to the eligibility for and access to certain Medicaid | ||
| waiver programs, including the medically dependent children (MDCP) | ||
| and the Texas home living (TxHmL) 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 531.06012 and 531.06041 and amending | ||
| Section 531.0604 to read as follows: | ||
| Sec. 531.06012. MEDICALLY DEPENDENT CHILDREN (MDCP) WAIVER | ||
| PROGRAM DIVERSION SLOTS. To the extent possible, the commission | ||
| shall increase the number of medically dependent children (MDCP) | ||
| waiver program diversion slots for children who are medically | ||
| fragile and at high risk of being placed in an institutional | ||
| setting. | ||
| Sec. 531.0604. MEDICALLY DEPENDENT CHILDREN PROGRAM | ||
| ELIGIBILITY REQUIREMENTS; NURSING FACILITY LEVEL OF CARE. To the | ||
| extent allowed by federal law, the commission may not require that a | ||
| child reside in a nursing facility for: | ||
| (1) an extended period of time to meet the nursing | ||
| facility level of care required for the child to be determined | ||
| eligible for the medically dependent children (MDCP) waiver | ||
| program; or | ||
| (2) any period of time to meet the nursing facility | ||
| level of care required for the child to be determined eligible for | ||
| the medically dependent children (MDCP) waiver program if the child | ||
| is: | ||
| (A) medically fragile; and | ||
| (B) accessing the program through a "Money | ||
| Follows the Person" demonstration project. | ||
| Sec. 531.06041. TRANSITION OF CERTAIN CHILDREN TO MEDICALLY | ||
| DEPENDENT CHILDREN (MDCP) WAIVER PROGRAM. The commission shall | ||
| transition a child from another Section 1915(c) waiver program to | ||
| the medically dependent children (MDCP) waiver program if the | ||
| child: | ||
| (1) receives Supplemental Security Income (SSI) (42 | ||
| U.S.C. Section 1381 et seq.); and | ||
| (2) meets the program's level of care criteria for | ||
| medical necessity for nursing facility care. | ||
| 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, "Section 1915(c) waiver | ||
| program" has the meaning assigned by Section 531.001, Government | ||
| Code. | ||
| (b) To the extent permitted 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) The commission may not require that an individual who | ||
| has an approved primary diagnosis of a related condition meet | ||
| intelligence quotient criteria to be eligible for the Texas home | ||
| living (TxHmL) waiver program. | ||
| SECTION 3. 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 4. This Act takes effect September 1, 2023. | ||
