Tex. Health & Safety Code § 533A.0335

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 533A.0335 - [Effective 4/1/2025] Comprehensive Assessment and Resource Allocation Process
(a) In this section:
(1) "Advisory committee" means the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 542.0052 , Government Code.
(2) "Functional need," "ICF-IID program," and "Medicaid waiver program" have the meanings assigned those terms by Section 542.0001 , Government Code.
(b) Subject to the availability of federal funding, the department shall develop and implement a comprehensive assessment instrument and a resource allocation process for individuals with intellectual and developmental disabilities as needed to ensure that each individual with an intellectual or developmental disability receives the type, intensity, and range of services that are both appropriate and available, based on the functional needs of that individual, if the individual receives services through one of the following:
(1) a Medicaid waiver program;
(2) the ICF-IID program; or
(3) an intermediate care facility operated by the state and providing services for individuals with intellectual and developmental disabilities.
(c) The department, in consultation with the advisory committee, shall establish a prior authorization process for requests for supervised living or residential support services available in the home and community-based services (HCS) Medicaid waiver program. The process must ensure that supervised living or residential support services available in the home and community-based services (HCS) Medicaid waiver program are available only to individuals for whom a more independent setting is not appropriate or available.
(d) The department shall cooperate with the advisory committee to establish the prior authorization process required by Subsection (c). This subsection expires January 1, 2024.

Tex. Health and Safety Code § 533A.0335

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 769,Sec. 2.61, eff. 4/1/2025.
Renumbered from Tex. Health and Safety Code § 533A.0325 and amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1335, eff. 4/2/2015.
Added by Acts 2013, 83rd Leg. - Regular Session, ch. 1310,Sec. 3.01, eff. 9/1/2013.
See Acts 2013, 83rd Leg. - Regular Session, ch. 1310, Sec. 7.01.
This section is set out more than once due to postponed, multiple, or conflicting amendments.