HB4282 - Relating to the provision of residential services under the Medicaid home and community-based services (HCS) waiver program.

  89R11873 LRM-D     By: Y. Davis of Dallas H.B. No. 4282       A BILL TO BE ENTITLED   AN ACT   relating to the provision of residential services under the   Medicaid home and community-based services (HCS) waiver program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter G, Chapter 546, Government Code, as   effective April 1, 2025, is amended by adding Section 546.0303 to   read as follows:           Sec.   546.0303.     PROVISION OF RESIDENTIAL SERVICES UNDER HOME   AND COMMUNITY-BASED SERVICES (HCS) WAIVER PROGRAM. (a)   In this   section, "Medicaid residential facility" means a Medicaid provider   that is a group home, host home, or similar congregate care setting   operated under the commission's authority and that provides   residential services to recipients under the home and   community-based services (HCS) waiver program.           (b)     A Medicaid residential facility may refuse to accept a   recipient as a resident of the facility if:                 (1)     the facility has reached the facility's service   capacity as identified in the commission's data system;                 (2)     the recipient has a history of or propensity for   engaging in:                       (A)     severe emotional behavior that has resulted   or may result in violence; or                       (B)     actions that could severely affect the health   or safety of other facility residents; or                 (3)     the recipient is physically aggressive in a manner   that presents a danger to other facility residents or to facility   staff and has continuing episodes of that physical aggression that   are unresponsive to:                       (A)  medical or behavioral treatment; and                       (B)  redirection measures.           (c)     Before a recipient who is medically fragile or has   serious bodily injuries is placed in a Medicaid residential   facility, the commission shall determine whether the facility has   the capacity and capability to provide the necessary care and   services to the recipient.   In making the determination, the   commission shall consider the scope of services the facility may   provide in accordance with the facility's current license or other   authorization.   The commission may not require the facility to make   any modifications that would enable the facility to serve the   recipient.          SECTION 2.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for the 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 3.  This Act takes effect September 1, 2025.