Bill > HB4282

This bill establishes new guidelines for Medicaid residential facilities (group homes or similar congregate care settings) under the Home and Community-Based Services (HCS) waiver program regarding their ability to refuse potential residents. Specifically, the bill allows these facilities to decline accepting a recipient if: they have reached their service capacity, the recipient has a history of severe emotional behavior that could lead to violence or harm other residents, or the recipient demonstrates ongoing physical aggression that cannot be managed through medical treatment or behavioral redirection. Additionally, the bill requires the commission to assess whether a facility can properly care for medically fragile recipients or those with serious bodily injuries before placement, while explicitly stating that the commission cannot mandate facilities to modify their operations to accommodate such recipients. The bill provides flexibility for state agencies to seek federal waivers if necessary for implementation and is set to take effect on September 1, 2025. The primary aim appears to be protecting the safety of residents and staff in Medicaid residential facilities by giving these facilities more discretion in admitting residents.

Health and Social Services

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB4282