April 17th, 2021

Status of IDD-Related Bills That Are of Relevance To Certain IDD Providers 

HB 149 (Reynolds & Shaheen) related to a study to evaluate state and local regulation of certain facilities and group homes:  The bill is anticipated to pass in the House today after which it will go to the Senate.
HB 326 (Howard) related to workplace violence prevention in certain facilities:  As amended on the House Floor, the bill passed the House last night.  The amendment removed HCS and TxHmL from the definition of facility.  The bill as amended and passed by the House is not posted yet.  The bill as filed can be viewed at:  https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB00326H.pdf#navpanes=0
HB 1592/SB 589 (Leach/West) related to the establishment of an interim registry for certain persons accused of employee misconduct and employed in a facility which provides care to persons with IDD:   Though both bills have been referred to committees (HB 1529 referred to House Human Services; SB 589 to Senate Health and Human Services), neither have received a hearing.  Efforts to secure amendments to the bills are in progress. As HB 1592 and SB 589 are companion bills, the link below is only to HB 1592:    https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB01592I.pdf#navpanes=0
HB 2658 (Frank) relating to the operation and administration of certain health insurance programs and medical assistance programs:  The bill is set for a vote in the House on April 20, 2021.  Due to concerns raised by a group of IDD stakeholders (which included PPAT), Representative Frank amended the bill to remove the following requirements:

~   a requirement for HHSC to honor a contract requirement to enable a Medicaid MCO to make the initial and subsequent primary care provider (PCP) assignments and changes as required by law;

~  authorization for an MCO to assign Medicaid members to a PCP based on published criteria that seeks to preserve existing provider-member relationships and considers a member’s proximity to PCPs and other criteria as established by the MCO; and

~  a provision revising limitations on a Medicaid recipient’s authority to disenroll from a managed care plan and switch to a new plan.

HB 3240 (Klick) relating to composition of the LTC Facility Council and imposition of administrative penalties in the ICF/IID and HCS/TxHmL programs.  The bill was heard in House Human Services Committee last week.  Due to Legislative Council drafting errors and a change HHSC wanted, changes to the bill were needed. PPAT received an advance copy of the substitute Wednesday night.  The substitute is attached for your review.  The bill will be voted out of committee next Tuesday.
HB 3720 (Frank) related to interest lists and eligibility criteria in certain Medicaid waiver programs:  The bill was heard in the House Human Services Committee last week.  Due to IDD stakeholder concerns (which included PPAT), Representative Frank agreed to make changes. Those changes are not available for review at this time.  As the bill has a fiscal note and as Senator Kolkhorst’s SB 2028 includes some of the provisions included in HB 3720, it is anticipated (but not confirmed) that Representative Frank will not vote his bill out of committee, rather carry SB 2028 in the House for Senator Kolkhorst.
HB 4571 (Rose) relating to statewide intellectual and developmental disabilities council:  Heard in House Human Services Committee Tuesday and left pending.
SB 25 (Kolkhorst) related to the rights of certain residents to designate an essential caregiver for in-person visitation during a public health emergency:  The bill passed the Senate and has been referred to the House Human Services Committee.  A hearing has not been set.
SB 50 (Zaffirini) related to competitive and integrated employment for certain Medicaid recipients:  The bill was heard in the Senate Health and Human Services Committee Tuesday. During the hearing Senator Zaffirini offered a substitute to remove the performance requirements as requested by the Arc, Texas Council of Community Centers and PPAT.  Yesterday the committee passed the bill.  It will now go to the Senate for a vote.  The substitute is not available yet, but the bill as filed can be viewed at:    https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB00050I.pdf#navpanes=0
SB 809 (Kolkhorst) relating to health care provider reporting of federal money received for the COVID PHE:  The bill passed the Senate and has been referred to the House Public Health Committee.  A hearing has yet to be set.
SB 1808 (Kolkhorst) relating to home and community support services licensing, allowing HCS and TxHmL providers to be a provider of intellectual and developmental disabilities habilitative specialized services (IHSS) programs.without a HCSSA license (related to PASRR):  The bill was heard in the Senate Health and Human Services Committee on Wednesday and voted out yesterday as substituted.  The substitute is attached.
SB 2028 (Kolkhorst) relating to the operation of the Medicaid program including the administration of the Medicaid managed care program:  The bill, as substituted, was heard in the Senate Health and Human Services Committee Wednesday and left pending.  It is fully anticipated the bill will be voted out of committee and sent to the Senate Floor for a vote.  Attached is a copy of the substitute.