TX Govt Code § 533.00253 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 533 - Medicaid Managed Care Program|Subchapter A. General Provisions|Section 533.00253. Star Kids Medicaid Managed Care Program

Sec. 533.00253.  STAR KIDS MEDICAID MANAGED CARE PROGRAM.  (a)  In this section:(1)  "Advisory committee" means the STAR Kids Managed Care Advisory Committee described by Section 533.00254.(2)  "Health home" means a primary care provider practice, or, if appropriate, a specialty care provider practice, incorporating several features, including comprehensive care coordination, family-centered care, and data management, that are focused on improving outcome-based quality of care and increasing patient and provider satisfaction under Medicaid.(3)  "Potentially preventable event" has the meaning assigned by Section 536.001.(b)  Subject to Section 533.0025, the commission shall, in consultation with the Children's Policy Council established under Section 22.035, Human Resources Code, establish a mandatory STAR Kids capitated managed care program tailored to provide Medicaid benefits to children with disabilities.  The managed care program developed under this section must:(1)  provide Medicaid benefits that are customized to meet the health care needs of recipients under the program through a defined system of care;(2)  better coordinate care of recipients under the program;(3)  improve the health outcomes of recipients;(4)  improve recipients' access to health care services;(5)  achieve cost containment and cost efficiency;(6)  reduce the administrative complexity of delivering Medicaid benefits;(7)  reduce the incidence of unnecessary institutionalizations and potentially preventable events by ensuring the availability of appropriate services and care management;(8)  require a health home; and(9)  coordinate and collaborate with long-term care service providers and long-term care management providers, if recipients are receiving long-term services and supports outside of the managed care organization.(c)  The commission may require that care management services made available as provided by Subsection (b)(7):(1)  incorporate best practices, as determined by the commission;(2)  integrate with a nurse advice line to ensure appropriate redirection rates;(3)  use an identification and stratification methodology that identifies recipients who have the greatest need for services;(4)  provide a care needs assessment for a recipient;(5)  are delivered through multidisciplinary care teams located in different geographic areas of this state that use in-person contact with recipients and their caregivers;(6)  identify immediate interventions for transition of care;(7)  include monitoring and reporting outcomes that, at a minimum, include:(A)  recipient quality of life;(B)  recipient satisfaction; and(C)  other financial and clinical metrics determined appropriate by the commission; and(8)  use innovations in the provision of services.(c-1)  To improve the care needs assessment tool used for purposes of a care needs assessment provided as a component of care management services and to improve the initial assessment and reassessment processes, the commission in consultation and collaboration with the advisory committee shall consider changes that will:(1)  reduce the amount of time needed to complete the care needs assessment initially and at reassessment; and(2)  improve training and consistency in the completion of the care needs assessment using the tool and in the initial assessment and reassessment processes across different Medicaid managed care organizations and different service coordinators within the same Medicaid managed care organization.(c-2)  To the extent feasible and allowed by federal law, the commission shall streamline the STAR Kids managed care program annual care needs reassessment process for a child who has not had a significant change in function that may affect medical necessity.(d)  The commission shall provide Medicaid benefits through the STAR Kids managed care program established under this section to children who are receiving benefits under the medically dependent children (MDCP) waiver program.  The commission shall ensure that the STAR Kids managed care program provides all of the benefits provided under the medically dependent children (MDCP) waiver program to the extent necessary to implement this subsection.(e)  The commission shall ensure that there is a plan for transitioning the provision of Medicaid benefits to recipients 21 years of age or older from under the STAR Kids program to under the STAR + PLUS Medicaid managed care program that protects continuity of care.  The plan must ensure that coordination between the programs begins when a recipient reaches 18 years of age.(f)  The commission shall operate a Medicaid escalation help line through which Medicaid recipients receiving benefits under the medically dependent children (MDCP) waiver program or the deaf-blind with multiple disabilities (DBMD) waiver program and their legally authorized representatives, parents, guardians, or other representatives have access to assistance.  The escalation help line must be:(1)  dedicated to assisting families of Medicaid recipients receiving benefits under the medically dependent children (MDCP) waiver program or the deaf-blind with multiple disabilities (DBMD) waiver program in navigating and resolving issues related to the STAR Kids managed care program, including complying with requirements related to the continuation of benefits during an internal appeal, a Medicaid fair hearing, or a review conducted by an external medical reviewer; and(2)  operational at all times, including evenings, weekends, and holidays.(g)  The commission shall ensure staff operating the Medicaid escalation help line:(1)  return a telephone call not later than two hours after receiving the call during standard business hours; and(2)  return a telephone call not later than four hours after receiving the call during evenings, weekends, and holidays.(h)  The commission shall require a Medicaid managed care organization participating in the STAR Kids managed care program to:(1)  designate an individual as a single point of contact for the Medicaid escalation help line; and(2)  authorize that individual to take action to resolve escalated issues.(i)  To the extent feasible, a Medicaid managed care organization shall provide information that will enable staff operating the Medicaid escalation help line to assist recipients, such as information related to service coordination and prior authorization denials.(j)  Not later than September 1, 2020, the commission shall assess the utilization of the Medicaid escalation help line and determine the feasibility of expanding the help line to additional Medicaid programs that serve medically fragile children.(k)  Subsections (f), (g), (h), (i), and (j) and this subsection expire September 1, 2024.(l)  Using existing resources, the executive commissioner in consultation and collaboration with the advisory committee shall determine the feasibility of providing Medicaid benefits to children enrolled in the STAR Kids managed care program under:(1)  an accountable care organization model in accordance with guidelines established by the Centers for Medicare and Medicaid Services; or(2)  an alternative model developed by or in collaboration with the Centers for Medicare and Medicaid Services Innovation Center.(l-1)  Not later than December 1, 2022, the commission shall prepare and submit a written report to the legislature of the executive commissioner's determination under Subsection (l).(l-2)  Subsections (l) and (l-1) and this subsection expire September 1, 2023.(m)  The advisory committee or a successor committee shall explore the feasibility of adopting a private duty nursing assessment for use in the STAR Kids managed care program and provide recommendations to the commission on adopting a private duty nursing assessment tool that would streamline the documentation for prior authorization of private duty nursing.  This subsection expires September 1, 2021.(n)  The commission, at least once every two years, shall conduct a utilization review on a sample of cases for children enrolled in the STAR Kids managed care program to ensure that all imposed clinical prior authorizations are based on publicly available clinical criteria and are not being used to negatively impact a recipient's access to care.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1310 (S.B. 7), Sec. 2.02, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.216, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.217, eff. April 2, 2015.Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.14, eff. January 1, 2016.Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.14, eff. January 1, 2016.Acts 2019, 86th Leg., R.S., Ch. 619 (S.B. 1096), Sec. 1, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 623 (S.B. 1207), Sec. 4, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 623 (S.B. 1207), Sec. 5, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1330 (H.B. 4533), Sec. 3, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1330 (H.B. 4533), Sec. 4, eff. September 1, 2019.Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(33), eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.002(6), eff. September 1, 2021.|For expiration of this section, see Subsection (b).