By: Frank H.B. No. 3720       A BILL TO BE ENTITLED   AN ACT   relating to interest lists and eligibility criteria for certain   Medicaid 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 531.0605 and 531.0606 to read as   follows:          Sec. 531.0605.  INTEREST LISTS FOR CERTAIN MEDICAID WAIVER   PROGRAMS. (a) This section applies to interest lists in the   following Medicaid waiver programs:                (1)  the community living assistance and support   services (CLASS) waiver program;                (2)  the home and community-based services (HCS) waiver   program;                (3)  the deaf-blind with multiple disabilities (DBMD)   waiver program;                (4)  the Texas home living (TxHmL) waiver program;                (5)  the medically dependent children (MDCP) waiver   program; and                (6)  the STAR + PLUS home and community-based services   and supports (STAR + PLUS HCBS) program.          (b)  The commission, in consultation with the Intellectual   and Developmental Disability System Redesign Advisory Committee   established under Section 534.053, the State Medicaid Managed Care   Advisory Committee established under Section 531.012, and other   interested stakeholders, shall develop a questionnaire for   individuals who are on an interest list for any Medicaid waiver   program.          (c)  The questionnaire described in Subsection (b) must   capture, at a minimum, the following information:                (1)  general demographic and contact information;                (2)  the types of assistance the individual needs;                (3)  the individual's living arrangement;                (4)  caregiver supports and any risks to caregiver   supports; and                (5)  when delivery of the services should begin to   ensure the individual's health and welfare in the least restrictive   setting possible.          (d)  Beginning no later than September 1, 2024, and subject   to the availability of funds, the commission shall require all   individuals on an interest list to complete or update the   questionnaire described in Subsection (b) on an annual basis.          (e)  For an individual on an interest list who does not   respond to written or verbal requests for annual or biennial   updates to interest list information or otherwise fails to maintain   contact with the commission:                (1)  the commission shall consider the individual   inactive and determine which interest list(s) to which the inactive   status will apply until the individual makes contact with the   commission and indicates he or she is still interested in waiver   program services; and                (2)  if the individual status remains inactive for four   years or more, the commission shall not include the individual in   reporting the number of individuals on any waiver program interest   list to which the inactive status for the individual applies.          (f)  Individuals who are eligible to receive Supplemental   Security Income (SSI) (42 U.S.C. Section 1381 et seq.) and are on   the interest list for the MDCP waiver program as of September 1,   2021, shall be assessed by the commission for waiver program   eligibility as soon as possible.          (g)  After September 1, 2021, individuals who receive   Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.)   and express an interest in receiving MDCP waiver program services   shall be assessed by the commission for waiver program eligibility   without first being placed on the MDCP waiver program interest   list.          (h)  The commission shall explore the feasibility of   creating an online portal for individuals to request placement on   an interest list and to complete and update the questionnaire   described in Subsection (b).          Sec. 531.0606.  ELIGIBILITY FOR CERTAIN MEDICAID WAIVER   PROGRAMS. (a) In determining eligibility criteria for the TxHmL   waiver program, the commission shall:                (1)  establish income eligibility levels consistent   with Title XIX of the Social Security Act and any other applicable   law or regulations, so that an individual whose income is at or   below 300 percent of the federal poverty level is eligible for the   program; and                (2)  add level of care VIII, as defined by the   commission, to the eligibility criteria for the program.          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 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, 2021.