bill letting HCS group homes turn away some new residents

The text as introduced · 395 words

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.