(compiled)(current-state-plan)Texas CHIP compiled state plan: Current State Plan (approved August 1, 2003, effective June 1, 2003)#
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 1
OMB #: 0938-0707 Exp. Date: MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
Preamble
Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (SCHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment.
This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements, as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI.
The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments.
Form CMS-R-211
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 2
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory:
Texas
(Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR, 457.40(b))
Albert Hawkins
(Signature of Governor, or designee, of State/Territory, Date Signed)
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)): Name: Chris Traylor
Position/Title: State Medicaid and CHIP Director Name: Tom Suehs
Position/Title: Deputy Executive Commissioner of Financial Services Name:
Position/Title:
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14-26, Baltimore, Maryland 21244.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 3 Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101)
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70):
1.1.1
Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR
1.1.2
Providing expanded benefits under the state’s Medicaid plan (Title XIX); OR
1.1.3
A combination of both of the above.*
* Phase I children (Medicaid “Phase-In” children) covered under the original Texas SCHIP state plan have been completely phased into Medicaid as an eligibility group. However, the state would reserve the right to continue to claim FMAP for any outstanding and unpaid Medicaid claims for that group for dates of service prior to their conversion to a regular Medicaid FMAP group.
1.2
Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3
Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130)
1.4
Please provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this plan or plan amendment (42 CFR 457.65):
Effective dates: See below.*
Implementation date: May 1, 2000 (CHIP Phase II)
* The Compliance SPA amendment, approved May 5, 2003, reformatted Texas’ previous CHIP state plan covering Phase I and Phase II children. In general, the effective date(s) are the same as the original CMS- approved effective dates for Phase I (Medicaid coverage for phase-in children) and Phase II (separate, state-designed CHIP coverage up to 200% FPL).
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 4
Subsequent amendments to the original CHIP state plan (related to the Phase II program) were incorporated into the new state plan template, and are effective per their CMS-approved effective dates. The amendments to date are listed below:
-CHIP Method of Finance Change – Approved 12/13/01, Effective 9/1/2001 -CHIP Cost Sharing Changes- Approved 5/1/02, Effective 3/1/02 -CHIP Car Seat Initiative- Approved 11/25/02, Effective 6/15/02 -CHIP Community Health Worker Initiative – Approved May 5, 2003, Effective May 5, 2003. -CHIP Program Changes related to actions of the 78th Texas Legislature – Approved July 25, 2003, Effective September 1, 2003. -CHIP Program Changes related to Community Health Worker Initiative – Approved November 18, 2004, Effective August 1, 2004. -CHIP Restoration of Medical Benefits – Approved May 26, 2006, Effective September 1, 2005. -CHIP Cost Sharing Changes – Approved May 10, 2006, Effective January 1, 2006. -CHIP Restoration of Dental Benefits – Approved December 23, 2005, Effective April 1, 2006. -CHIP Program changes related to the time period for payment of cost sharing obligations – Pending, Effective August 1, 2006. -CHIP Program changes related to the CHIP Perinatal Program – Approved June 2, 2006, Effective September 1, 2006. -CHIP Program changes related to Applicant and Enrollee Protections – Pending, Effective May 1, 2007. -CHIP Program changes related to HB 109, 80th Legislature, Regular Session, 2007 – Pending, Effective September 1, 2007. -CHIP Program changes related to dental benefits – Effective September 1, 2007.
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 5 Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)-(B))
2.1. Describe the extent to which, and manner in which, children in the state including targeted low-income children and other classes of children, by income level and other relevant factors, such as race and ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, make a distinction between creditable coverage under public health insurance programs and public- private partnerships (See Section 10 for annual report requirements). (42 CFR 457.80(a))
The Texas State Data Center projects that in 2005 the population of children under age 19 in Texas will reach 6,625,000. The projected race/ethnic distribution is as follows: 2,657,000 (40%) Anglo; 830,000 (13%) African American; 2,910,000 (44%) Hispanic; and 228,000 (3%) for all other groups.
The March 2004 Current Population Survey (CPS) is the source for the most recent official estimates for poverty and health insurance coverage in Texas. The estimates are for calendar year 2003. The survey indicates that in 2003 about 3.7 million (17%) of Texans had incomes below the federal poverty level (FPL). That total includes approximately 1.7 million children under age 19. The survey also indicates that in 2003 nearly 3.5 million (53%) of the 6.6 million children under age 19 were in families with incomes at or below 200% of FPL. For 2003, the health insurance coverage status of Texas children under age 19 is estimated as follows*: Health Insurance Coverage in 2003 Texas Children Under Age 19
Insurance Type Number Percent Medicaid/CHIP/Medicare 2,006,000 30% Private 3,278,000 50% Uninsured 1,327,000 20% Total 6,611,000 100%
Medicaid is the public health insurance program generally available in Texas. There are several public-private partnerships in the state (see 2.2.2 below).
For 2003, the estimated number of uninsured Texas children under age 19 according to age group is as follows*:
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Model Application Template for the State Children’s Health Insurance Program
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Texas Uninsured Children in 2003 By Age Group
Age Group Number of Children Uninsured Children Percent of Children Uninsured 0 – 5 2,249,000 391,000 17% 6 – 14 3,006,000 634,000 21% 15 – 18 1,356,000 302,000 22% 0 – 18 6,611,000 1,327,000 20%
For 2003, the estimated distribution of uninsured children under age 19 according to percent of poverty income category is as follows*:
Texas Uninsured Children Under 19 in 2003 By Percent of Poverty Income Category
Percent of Poverty Category Uninsured Children Percent of Uninsured Children 0 – 100% 460,000 35% 101 – 150% 270,000 20% 151 – 200% 243,000 18% Above 200% 354,000 27% Total 1,327,000 100%
For 2003, the estimated distribution of uninsured children according to age group and percent of poverty income category is as follows*: Texas Uninsured Children in 2003 by AgeAnd Percent of Poverty Income Category Age Category 0 – 100% 101 – 150% 151 – 200% Above 200% 0 – 5 131,000 82,000 75,000 103,000 6 – 14 222,000 127,000 115,000 170,000 15 – 18 106,000 61,000 54,000 81,000 0 – 18 459,000 270,000 244,000 354,000
* The sums across some categories may not add up exactly to the total due to rounding. The poverty and health insurance estimates apply to the segment of the population for whom poverty income status was determined. Poverty income status was determined based on the reported annual household/family
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 7 income.
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
Children are identified and enrolled in Medicaid or SCHIP through a variety of mechanisms.
Medicaid applications are processed in local eligibility offices, hospitals, clinics throughout the state, and by the administrative services contractor. Applicants may apply in person, by phone, or by mail. The Texas Health and Human Services Commission (HHSC) processes all applications when families apply for children’s Medicaid and other related programs (such as Medicaid for adults, TANF, etc.). The administrative services contractor processes all children’s Medicaid applications when the application is only for children’s Medicaid and/or SCHIP. The administrative services contractor collects all required verification and then transmits the application, along with the required verification, electronically, to a centralized State office where a Medicaid worker makes the final eligibility determination for children’s Medicaid. HHSC is responsible for the administration of certain health and human services programs including the Texas Medicaid Program, SCHIP, and Medicaid waste, fraud, and abuse investigations. The agency also has oversight responsibilities for the four state Health and Human Services departments.
Out-stationed Eligibility Staff - HHSC outstations eligibility workers in clinics and hospitals. This staffs perform eligibility functions as well as screening functions for potential Medicaid and SCHIP eligibles. There is approximately 300 staff out-stationed in 190 facilities. The number of out-stationed eligibility staff in a facility is a function of the volume of eligibility determinations made at the facility. In some cases, disproportionate share hospitals (DSH) and Federally Qualified Health Centers (FQHCs) fund the state share of salary and benefits costs associated with staff above and beyond those required by federal law. Facilities that are not DSH hospitals or FQHCs can contract with HHSC for eligibility specialists and appropriate support staff to be placed in the facility. Under these contracts, the facilities also reimburse HHSC for the state share of the employee's salary and benefits.
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 8 HHSC Office of the Ombudsman Texas Works Hotline (1-800-252- 9330) - The Hotline primarily handles complaints concerning Food Stamps, Medicaid or temporary cash assistance (TANF). However, when a client calls and relays information about potential eligibility, or inquires about programs for which they may be eligible, the client is referred to the correct local office or, if appropriate, to a designated regional contact.
HHSC Office of the Ombudsman (1-877-787-8999) - Clients and potential clients who call HHSC State Office are referred to the Office of the Ombudsman. Some of these calls may be from potential clients asking for instructions/assistance in applying for benefits. Callers are referred to local HHSC offices as appropriate.
Texas Medicaid Healthcare Partnership (TMHP) Client Hotline (1-800- 335-8957 and 1-800-252-8263) - The hotline handles Medicaid client issues pertaining to the status of Medically Needy cases, billing questions, and Medicaid program benefits, as well as contact information for the Medical Transportation Program, Texas Health Steps (Texas’ EPSDT program) services, and for HIPAA privacy violations.
Blue Pages Listings - Current information for local HHSC offices is contained in local telephone directories in the government blue pages section. This information is broken down by programs and is updated as needed.
Worldwide Web Sites - HHSC maintains an agency home page that contains information about what types of benefits are available throughout the agency and also contains links to home pages for each of the HHSC regions. The regional home pages contain listings of local offices, and the services available at each of the local offices.
Food Stamps – Individuals applying for food stamps are tested for eligibility for Medicaid during the same interview.
Temporary Assistance to Needy Families (TANF) - Individuals eligible for TANF are made Medicaid eligible by virtue of their certification for TANF. Those who apply and are determined ineligible for TANF are tested to determine their eligibility for Medicaid under other eligibility categories. Former TANF recipients receiving transitional Medicaid are sent an automated notice telling them to contact their local HHSC office if they wish to reapply for Medicaid when the transitional Medicaid ends.
Newborns of Medicaid Eligible Mothers - Enrollment in Medicaid is automatic for the majority of newborns of Medicaid-eligible mothers. When the medical facility notifies an HHSC centralized unit about the
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 9 birth of the child to a Medicaid-eligible mother, the HHSC unit establishes eligibility for the child. An automated system then notifies the child’s mother, designated providers, and the child mother’s caseworker about the child’s eligibility. These newborn children are also included in the Texas Health Steps outreach (see below).
Title V - In the Texas Title V Children with Special Health Care Needs (CSHCN) program, most clients are required to apply to Medicaid or SCHIP before they receive full CSHCN eligibility. Some are enrolled in Medicaid as a result. Those who reach a certain expenditure level for CSHCN services are required to apply again to Medicaid, with the emphasis on eligibility for the Medicaid Medically Needy Program, the spend down program under Title XIX.
The regional Title V CSHCN social work and eligibility staff and the CSHCN case management contractors help families with CSHCN to obtain Medicaid eligibility when appropriate.
In Title V Maternal/Child Health (MCH) contracts across the state, children who, after eligibility screening, appear to be eligible for Medicaid, are required to apply for Medicaid in order to continue to receive MCH services in the contractors’ clinics. The contractors include many local health departments as well as hospital districts and other providers. An automated screening tool, the State of Texas Assistance and Referral System (STARS), is used by many of these providers to screen for possible eligibility for Medicaid, CSHCN, and other programs. The client must then go on to actual Medicaid eligibility determination, if the STARS screen indicates they may be Medicaid eligible.
Supplemental Security Income - SSI eligible persons are automatically enrolled in Medicaid in Texas. The Texas Rehabilitation Commission Disability Determination Divisions make disability determinations for SSI.
Foster Care - For children who are removed from their households by court order through the Texas Department of Family and Protective Services (DFPS), Medicaid is provided through foster care if the child was eligible for Medicaid prior to being removed from the household or if the child is determined to be Medicaid eligible by DFPS standards. Medicaid is also provided, under Medically Needy and TANF limits, to children under 18 placed by a district court in the managing conservatorship of DFPS as a result of findings of abuse or neglect by DFPS.
Child Support - The Child Support Enforcement Office of the Attorney General seeks out the non-custodial parent for financial and/or medical support to supplement and/or replace state liability. This office
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 10 also processes through the Third Party Reimbursement (TPR) system to seek premium reimbursement for cases where medical coverage is provided.
Local Mental Health Authorities (LMHAs) - Under the authority of the Department of State Health Services (DSHS), LMHAs are required to do outreach to identify clients with serious mental illness and mental retardation. The LMHAs vary in the amount and types of outreach conducted. Outreach activities may include: public announcements; distribution of brochures in targeted areas, such as doctors' offices, schools, and juvenile courts; public forums; or public festivals.
At intake, information, which may indicate Medicaid eligibility, is gathered by the LMHA. Individuals who appear to be Medicaid eligible are then referred for Medicaid eligibility determination. If the individual needs assistance with this referral, the LMHA will assist.
LMHAs may have out-stationed HHSC Medicaid eligibility workers on staff that do the Medicaid eligibility determinations on site.
Texas Health Steps - Texas Health Steps outreach efforts are aimed at encouraging the use of services (program participation) by enrolled THSteps clients. Texas Health Steps communicates with Medicaid eligible families on the state level as well as on the regional and local level through a statewide system of DSHS staff and contractors using the following tools:
• over 435,000 informing letters per month;
• a variety of brochures and other handouts in English and Spanish for recipient and provider use;
• home visits, telephone calls outreach at places where clients may be found, and efforts targeting specific groups such as migrant workers and newly enrolled Medicaid recipients;
• a single statewide toll-free number (1-877-THSTEPS) that is routed to the appropriate regional outreach location.
• regional provider newsletters which help to keep Health Steps providers informed of developments in the program;
• regional provider relations staff who help recruit and maintain Health Steps and Medicaid providers, supplementing the provider relations activities for which DSHS contracts with the Texas Medicaid and Healthcare Partnership (TMHP);
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 11 • the Medicaid Bulletin, which provides information to all Medicaid providers; and
• the Medicaid managed care enrollment broker, whose staff helps educate clients as they are enrolled in health plans.
In the course of promoting use of EPSDT service, THSteps staff and contractors inform interested families of the way to apply for Medicaid for other children.
Family Health Services Information & Referral Line - Toll-free hotline, funded by Title V, provides information and referrals for families who call in, including referrals to Medicaid and Title V MCH and CSHCN services.
Texas Information and Referral Network – The Texas Information and Referral Network (TIRN) at HHSC, coordinates a statewide network of state and local contact points to provide information regarding health and human services in Texas, including Medicaid.
Pursuant to SB 445, 76th Texas Legislature, Texas extends general revenue-funded SCHIP coverage to non-citizen children who would be SCHIP eligible but for their immigration status. In addition, state employee children who otherwise meet SCHIP eligibility criteria are eligible for enhanced state-funded subsidy of their coverage through the Uniform Group Insurance Program offered to state employees.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public-private partnership:
Texas has a variety of established programs and programs under development which involve private-public partnerships in providing health insurance coverage to uninsured children.
The Texas Health Insurance Risk Pool was funded by the Texas legislature in 1997 to provide the administrative structure for ensuring that health coverage is available to persons unable to otherwise obtain coverage because of their medical history or because they lose employer coverage. Coverage is automatic for uninsurable persons with certain diagnoses, such as metastatic cancer, leukemia, diabetes, epilepsy, and sickle cell anemia. The first Health Pool policies were effective February 1, 1998.
An extensive preferred provider network is utilized by the Pool. In addition, a prescription drug benefit is included with the policy. Participants can select a $500 deductible package, a $1,000 deductible package, a $2,500 deductible package or a $5,000
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 12 deductible package. Premium rates are based on deductible plan, age, sex, area of the state, and smoking status. Effective January 1, 2004 the Pool’s rates were set at two times the Standard Rate. At present, premiums for children to age 18 range from $121 per month to $549 per month. Benefits include inpatient and outpatient care and are limited to $1.5 million over a lifetime. Children are eligible for Pool coverage, either as eligible Pool applicants or as dependents of eligible Pool applicants.
The Community Access To Child Health (CATCH) Program is a program of the American Academy of Pediatrics (AAP) designed to improve access to health care by supporting pediatricians and communities that are involved in community-based efforts for children. The CATCH program provides pediatricians with training; technical assistance and resources; peer support and networking opportunities; and funding opportunities. A variety of funding opportunities are available, including implementation funds, planning funds, and resident funds. The Implementation Funds program supports pediatricians in the initial and/or pilot stage of developing and implementing a community-based child health initiative. Implementation funds are supported by Hasbro Children’s Foundation, Ronald McDonald House of Charities, CVS Pharmacy, and AAP. The Planning Funds program offers grants to pediatricians to develop community-based initiatives that increase children’s access to medical homes or to specific health services not otherwise available. The program is supported by a grant from Wyeth, with additional support provided by the AAP Friends of Children Fund, and the American Academy of Pediatric Dentistry Foundation. Resident funds are available for pediatric residents planning community-based child health initiatives, and are supported by grants from the Irving Harris Foundation and the AAP Friends of Children Fund, with additional support provided by the American Academy of Pediatric Dentistry Foundation. Projects have included providing health care services for children living in the colonias (rural developments along the Texas- Mexico border which frequently may not have basic amenities such as running water) and case management for very low birth weight babies.
The Healthy Tomorrows Partnership for Children Program is a collaborative grant of the federal Maternal and Child Health Bureau and the American Academy of Pediatrics for local entities, such as local health departments, county hospital districts, and community health centers that are supported in part with state funds to increase access of mothers and children to health services. Projects include providing direct health care, prevention of sexually transmitted disease among minority youth, and improving the health status of medically indigent, low birth weight infants.
Two public programs identify children who could benefit from a
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 13 private-public partnership. The Texas Medicaid program, through the Health Insurance Premium Payment (HIPP) Program, pays health insurance premiums for Medicaid eligible children. HIPP works with other state agencies, private employers, and private health coverage providers to ensure that Medicaid eligible children are able to take advantage of health coverage to which they have access. Given the broader scope of Medicaid benefits relative to the typical defined benefits package, children are able to take advantage of both public and private resources in receiving the services they need.
The Texas Title V program for children with special health care needs (CSHCN), has a similar program that pays private health coverage premiums, when doing so is cost effective for CSHCN and when the family is unable to afford the premiums. This program serves children with family incomes up to 200% of the federal poverty level.
2.3. Describe the procedures the state uses to accomplish coordination of SCHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
Linkages established with other public/private health insurance partnerships provide opportunities for collaboration and mutually supportive operations.
Coordination with Medicaid is achieved through coordinated outreach efforts and a joint children’s application. Outreach efforts are coordinated with organizations such as insure-a-kid as well as contracts with 34 local, community-based organizations (CBOs). The CBOs were selected based on their local expertise and experience with low-income populations. SCHIP enrollment information is routinely shared with Texas’ Title V agency in order to coordinate program benefits. Texas’ SCHIP coordination efforts are ongoing, but appear successful, as Texas’ SCHIP enrollment growth rate was at one time among the fastest in the nation.
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 14 Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue on to Section 4.
3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
Child health benefits are delivered through managed care models, including an HMO model and an exclusive provider organization (EPO) model primarily in rural areas of the state. In the HMO & EPO models, the state contracts to deliver health care services, relying on managed care principles that will include a “manager of care” or “medical home” and utilization controls on inpatient hospital and certain other services in the case of the HMOs model and the latter only in the case of the EPO. The same requirements are applied to both HMOs and the EPO.
The SCHIP procurement of health plan services is aligned as closely as possible with other plans, such as Medicaid and the Title V CSHCN program to improve continuity of care. Enrollees are given a choice of at least two plans whenever possible and Medicaid plans are given extra consideration in the procurement of SCHIP health plans.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
Under the HMO/EPO model, plans are required to provide the range of children’s health services for a contracted per member/per month cost determined through actuarial analysis. The state monitors utilization of HMO/EPO services as part of its overall monitoring program. Please see section 7 for more information on the state’s monitoring efforts.
The HMO model includes a number of utilization management controls. Inpatient hospital stays and other services determined by the Medical Director are subject to prospective review for medical necessity and appropriateness of proposed care before services can be rendered. Clients are required to obtain authorized referrals from their primary care providers to other professional providers. The state or its designee also conduct retrospective utilization review activities to examine services to clients
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 15 directly provided by the network’s primary care provider specialty, services performed with authorization, and other services such as emergency room services. The same controls are used in the EPO model, except that the EPO operates without a gatekeeper function being performed by the HMO model’s PCP.
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 16 Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the states Medicaid plan, and continue on to Section 5.
4.1. The following standards may be used to determine eligibility of targeted low- income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a)) These standards are be used for Texas SCHIP: 4.1.1.
Geographic area served by the Plan: Eligible children throughout the state will receive services. 4.1.2.
Age: Children through the age of 18 years will be eligible.
4.1.2.1
Age: For unborn children, coverage can begin from the confirmation of pregnancy and enrollment in CHIP Perinatal Program.
4.1.3.
Income: Children whose gross family income is at or below 200% of the federal poverty level (FPL) will be eligible. 4.1.4.
Resources (including any standards relating to spend downs and disposition of resources): Family resources are not taken into account in the determination of eligibility for children at or below 150% of the federal poverty level.
For children with gross family income above 150% of the federal poverty level, a family resource test is applied. For these families, the resource limit will be $5,000 or less in countable liquid resources, combined with excess vehicle value. Up to $15,000 of the fair market value of the family’s highest valued vehicle will be exempted. For other countable vehicles, fair market value in excess of $4,650 will be counted. Certain types of vehicles, such as income producing vehicles will be exempted.
Additionally, family resources are evaluated as part of the screening and enrollment process for Medicaid eligibility.
Unborn children to be delivered to families with income at or below 200% of the federal poverty level are exempt from family resource test requirements for eligibility determination.
4.1.5.
Residency (so long as residency requirement is not based on length of time in state): Children must be residents of Texas to be eligible for services.
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 17 4.1.6.
Disability Status (so long as any standard relating to disability status does not restrict eligibility): Not applicable. 4.1.7.
Access to or coverage under other health coverage: The application form asks for information on the insurance status of children making application. Children with existing health insurance are denied eligibility for Texas SCHIP. Unborn children with existing health insurance are denied eligibility for Texas SCHIP. 4.1.8.
Duration of eligibility: Eligible children receive coverage for 6 continuous months. Eligible unborn children receive coverage for 12 continuous months. 4.1.9.
Other standards (identify and describe): Immigration status: children who are legal residents but have not passed the five year bar are enrolled at the cost of the state.
As referenced in Section 4.3, the state does require the child’s social security number or proof of application for a social security number at the time of application.
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR 457.320(b))
4.2.1.
These standards do not discriminate on the basis of diagnosis. 4.2.2.
Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. 4.2.3.
These standards do not deny eligibility based on a child having a pre-existing medical condition.
4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
The eligibility process for the Children’s Health Insurance Program is easy to access, convenient for families and is identical to the Children’s Medicaid eligibility process. A single application form is used for Medicaid & SCHIP. Families apply for children’s health insurance by mail, by phone, through a web-assisted application or in person.
The application asks for the following information: • Family’s gross income and the names of employers • Age, names, social security numbers, and insurance status of children • Composition of the family • Resource information • Immigration/Citizenship Status
Information from the application is entered into the SCHIP eligibility system. This entry may occur through several means: data entry by a telephone
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 18 operator who receives the information through a phone call; data entry by a clerk at a central processing unit who reads the information from the application; or direct data entry via the internet to the extent feasible.
All applicants are screened for Medicaid eligibility before being deemed eligible for SCHIP. Any application in which the family income and resources fall within Medicaid eligibility is routed to a Medicaid worker. Data on that applicant is transferred, electronically and in hard copy, to the Medicaid system. Data on those applicants who are denied Medicaid by Medicaid eligibility staff are transmitted to the SCHIP system and those applicants are notified of their SCHIP eligibility and enrolled in SCHIP health plans.
Applicants applying via the Internet currently print out and sign applications, and mail them with necessary verifications to the central processing unit. Mail-in applications need to include the necessary verifications. In the case of phone applications, the data are printed out and sent to the family with a self-addressed envelope. The family returns the signed application with necessary verifications after reviewing the application for accuracy.
Based on the eligibility information and the receipt of necessary verifications, the system makes a determination of eligibility and sends written notification to the family.
If a child is determined SCHIP eligible, the administrative services contractor sends the family an enrollment packet, which provides information about their health plan choices and any applicable enrollment fee. The family returns to the administrative services contractor the completed enrollment forms and any applicable enrollment fee owed, and the administrative services contractor processes the forms and enrolls the child in a health plan.
For a child’s initial enrollment in SCHIP, a three-month waiting period applies, unless the child qualifies for an exception to the waiting period. Following the waiting period (if applicable), a six month term of coverage begins on the first day of the following month or, if the waiting period does not apply, on the first day of the month following the month in which the enrollment process was completed (by the enrollment processing cut-off date).
Waiting period:
- If the child is found eligible for SCHIP on or before the 15th day of a month, then the waiting period begins on the first day of that same month. - If the child is found eligible on or after the 16th day of a month, then the waiting period begins on the first day of the next month.
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 19
Exceptions to the waiting period:
A child is not subject to the waiting period if the family lost coverage for the child as a result of:
(A) termination of employment because of a layoff or business closing; (B) termination of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. No. 99-272); (C) change in marital status of a parent of the child; (D) termination of the child's Medicaid eligibility because the family's earnings or resources increased or the child reached an age at which Medicaid coverage is not available; (E) a similar circumstance resulting in the involuntary loss of coverage; (F) the family terminated health benefits plan coverage for the child because the cost to the child's family for the coverage exceeded 10 percent of the family's income; (G) the child has access to group-based health benefits plan coverage and will participate in a federally-approved SCHIP premium assistance program administered by HHSC; or (H) HHSC has determined that other grounds exist for a good cause exception.
Unborn children are exempt from the waiting period.
The enrollment fee amount, if applicable (See Section 8.2.3), must be paid and the health plan selection, if applicable, must be made in advance of the enrollment cutoff date. Two months before the end of the six-month term of coverage, families are sent a renewal notice informing them that they must renew the SCHIP coverage. For the CHIP Perinatal Program, two months before the end of the twelve-month term of coverage, families are sent a renewal notice informing them that they must renew the SCHIP coverage.
Upon implementation of the dental benefit, current enrollees will be placed in one of the following tiers based on the criteria below:
• Tier I: All new enrollees, with the exception of those listed in Tier II; • Tier II: Children exempt from cost sharing (less than 133% FPL, Alaskan Natives and American Indians) and children deemed from Medicaid to SCHIP without a gap in coverage; and • Tier III: No child would be placed in Tier III upon implementation.
As children are enrolled, they will be placed in the appropriate tier as follows: • Tier I: All new enrollees, with the exception of those listed in Tier II; • Tier II: Children exempt from cost sharing (less than 133% FPL, Alaskan Natives and American Indians), and children deemed from Medicaid to SCHIP without a gap in coverage; and
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 20 • Tier III: No child would be placed in Tier III at initial enrollment.
Members may move up a tier every other consecutive six-month enrollment coverage unless they are already at Tier III.
If there is more than a six-month gap in coverage, their Tier will be based on the criteria for initial enrollment. For the purpose of this policy, Medicaid coverage is not considered a gap in coverage.
Families currently enrolled in SCHIP will receive a packet from the dental contractor at least 30 days prior to implementation. The enrollment packet will contain a Member ID Card, a Provider Directory, a Member Handbook and a Certificate of Coverage. The Certificate of Coverage describes the covered benefits, the cap on preventive coverage, the cap on therapeutic coverage and the complaint and appeal process. The dental contractor will issue a new Certificate of Coverage any time there is a change to benefits.
The dental contractor will be responsible for providing the enrollment broker with a description of the dental benefit for the broker to use in explaining the benefit to enrollees. For specific questions regarding the benefit, the member will need to contact the dental contractor.
4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b))
Check here if this section does not apply to your state.
4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
The SCHIP application asks whether applicant children are covered through existing health insurance. Children with health coverage are ineligible for SCHIP.
As described in Section 4.1 above, the application for Texas SCHIP and Medicaid screens for Medicaid eligibility. Applications for children eligible for Medicaid are processed by Medicaid workers and eligible children are enrolled in Medicaid. Data matches with Medicaid are also carried out to minimize the chances that children found eligible for Texas SCHIP are not already receiving health insurance.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 21 Texas has two “state health benefits” plans: state employee health coverage under the state Employee Retirement System (ERS) and health coverage for active school district employees available through the Teachers Retirement System (TRS “Active Care”). State law treats these two groups differently, but children with access to either benefits plan are not eligible for SCHIP federal funding.
Children with access to TRS Active Care may be enrolled in Texas SCHIP program, but are identified and paid as state-funded members. Information about the availability of employer-based insurance and the employer name is obtained during the application process. Additionally, electronic data matching is performed with both the ERS and TRS systems to identify children with access to those benefits.
4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2))
As described in Section 4.4.2 above, Medicaid workers complete the enrollment of these children into the program. The state tracks applications of children who are deemed Medicaid eligible to determine whether eligible applicants choose to enroll.
4.4.3. The State is taking steps to assist in the enrollment in SCHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR 431.636(b)(4))
Children determined ineligible for Medicaid are automatically enrolled in SCHIP based on electronic data sharing between the Medicaid eligibility agency and the SCHIP administrative services contractor.
4.4.4 The insurance provided under the state child health plan does not substitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c))
4.4.4.1. Coverage provided to children in families at or below 200% FPL: describe the methods of monitoring substitution. Labor analyses show that Texas has a low percentage of jobs in the manufacturing industries where dependent insurance coverage is highest. Employment in Texas is concentrated in retail, services and small business, all of which have low rates of employee health benefits, particularly for lower-paying positions. Also, program design for Texas SCHIP, with such features as a commercially-based benefits package and cost- sharing provisions, are similar to private insurance and will thereby diminish the differences in consumers’ minds
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 22 between group health plans and SCHIP. Up to 150% FPL, crowd out is not anticipated to be a significant issue. The data are less clear at incomes between 150% and 200% FPL. Consequently, the program requires that applicants be uninsured for 90 days as a condition of eligibility. Provision is made to exempt families whose coverage has been discontinued through no fault of their own or who have discontinued coverage because the cost exceeded 10% of family income.
The application screens for whether the child has current insurance. If that is the case, eligibility for SCHIP is denied. If the application indicates that other insurance coverage was in effect during the previous 90 days, the applicant must indicate the date coverage ended, the reason, and the cost of the coverage. This information is used to determine if the children meet a good cause exception to the 90-day waiting period.
The State also monitors for substitution of coverage through SCHIP consumer surveys conducted by the External Quality Review Organization, evaluation of trends indicated by administrative data (e.g.: rates of “good cause” exceptions granted), and evaluation of statewide trends in insured/uninsured rates as indicated by the Current Population Survey (CPS) data.
4.4.4.2. Coverage provided to children in families over 200% and up to 250% FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become unacceptable.
4.4.4.3. Coverage provided to children in families above 250% FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution.
4.4.4.4. If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution.
The cost-effectiveness determination.
4.4.5 Child health assistance is provided to targeted low-income children in
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 23 the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
Texas has three Native American tribes: • The Alabama Coushatta, located in Livingston, has 800 members; • The Ysleta Del Sur, located in El Paso, has 1500 members; • The Kickapoo, located in Eagle Pass, has 750 members.
Before the implementation of Texas SCHIP in these areas, the state contacted the tribes to determine how best to ensure the continued participation of tribal health clinics in the care of tribal members. Health plans are required to contract with or enter into special arrangement with tribal providers. These arrangements help ensure continuity of care for clients that choose to enroll in SCHIP.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 24 Section 5. Outreach (Section 2102(c))
Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Outreach in the first two years of TexCare, which is the state’s generic outreach campaign for Children’s Medicaid and SCHIP, focused on a statewide media/marketing campaign focused on a call-to-action to families to call the TexCare hotline or send in a written application; direct application assistance by TexCare’s contracted community-based organizations’ (CBO) outreach staff; and mass dissemination of information about the program. These strategies were appropriate for the "start-up" phase, as the challenge was to reach hundreds of thousands of unidentified families eligible for children's health insurance.
TexCare has always been designed to outreach on behalf of both Children’s Medicaid and SCHIP. However, because SCHIP was a new and separately financed program that offered the first-ever opportunity of coverage to hundreds of thousands of families, much of the focus of state and local stakeholders has been on assuring the achievement of the ambitious SCHIP "start-up" goal. Now that SCHIP has been successfully launched, Texas is entering a new outreach phase that is dominated by the need to promote renewal and appropriate utilization of services. The Medicaid focus of the outreach effort has been sharpened with the implementation of SB 43, 77th Legislature, Regular Session, 2001, which is state legislation simplifying Children’s Medicaid. This legislation benefits many families because it mandates an application and enrollment process for Children’s Medicaid- eligible families as seamless, simple and transparent as that enjoyed by SCHIP-eligible families.
Texas’ call-to-action outreach efforts that have been so effective in the first two years of the program have not stopped. But, these activities needed to be diversified and made more strategic as Texas’ focus shifted to include the permanent incorporation of TexCare information in systems (e.g., schools) in the community and the perpetuation and appropriate utilization of existing coverage.
In all aspects of implementing TexCare, Texas has learned from the experience of other states. A review of that experience suggests that a broadening of Texas’ strategy was appropriate. By diversifying beyond mass information dissemination and direct application assistance, the program will benefit from: • increasing the efficiency of efforts to identify and target under-served populations;
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Approval Date: 25 • broadening and incorporating automatic information dissemination systems within organizations that have frequent contact with families; • increasing the emphasis on all aspects of disease and disability prevention; • communicating the fact that, through TexCare, families can afford to keep their children healthy and protected in the event of illness; and • emphasizing family maintenance of health care coverage and appropriate utilization of services. Other states' experience also shows that the program and the enrolled children benefit when efforts are made to keep enrolled children in health care coverage when their first period of eligibility expires. Based on this experience, the state adopted the following goals for the next phase of outreach for TexCare: • a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals and mass communications to reach eligible families; • mass media messages and activities by TexCare contracted CBOs and health plans shifting primary emphasis from a call-to-action to the idea that through TexCare, families can afford to keep their children healthy and protected in the event of illness; • increased emphasis on activities by TexCare CBOs and stakeholders to place TexCare information in the hands of families at times and places in which they are likely to be motivated by and interested in the information; • activities by TexCare CBOs and stakeholders to work within organizations that have regular contact with families, i.e., emergency rooms, provider offices, pharmacies, schools, to set in place automatic and recurring "systems" to inform families and help them apply for health care coverage through TexCare; and • continued activities to support enrollee families in successfully completing their annual renewal process, involving health plans, the administrative services contractor, and TexCare CBOs.
The CHIP Car Safety Seat Pilot was a collaborative effort between HHSC and the Texas Injury Prevention (TIP) Network. The pilot was conducted in Hidalgo and Starr counties. The purpose of the pilot was to encourage families to complete their CHIP renewal and increase the appropriate use of child safety seats through the distribution of and training in the proper use of safety seats. Families in the pilot area entering the renewal process were informed they could qualify to receive an age and weight appropriate car seat and safety training. Qualified families made an appointment to attend safety training and receive a car seat when they completed the CHIP renewal process. The TIP Center utilized the broadest possible community participation, including health plans, contracted CHIP community-based organizations, and local health departments. This event-based plan involved
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 26 going directly into the communities to distribute the car seats as well as informing and assisting with renewal of children in CHIP. The pilot ran for 12 months.
As the TexCare campaign to insure Texas children prepares to enter its fifth year, the continued success of the campaign will require the commitment of entire communities across the state of Texas.
Outreach has become more strategic in nature as Texas has sought to work with entities in all sectors of the community to broaden and institutionalize the message to include the value of insurance, the importance of renewal and education on appropriate utilization of services.
Outreach strategies will result in the identification of non-Medicaid eligible pregnant women whose unborn children may be eligible for this program.
Based on previous experience, the state will develop:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals; • increased emphasis on activities by community-based organizations and stakeholders to place information in the hands of women at times and places in which they are likely to be motivated by and interested in the information; and • activities by community-based organizations and stakeholders to work within organizations that have regular contact with pregnant women such as provider offices.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 27 Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a))
6.1.1.
Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420)
6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2
Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3.
Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If an existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for an existing comprehensive state-based coverage.
6.1.4.
Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450)
6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration project 6.1.4.3. Coverage that either includes the full EPSDT benefit or that the state has extended to the entire Medicaid population
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Model Application Template for the State Children’s Health Insurance Program
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Approval Date: 28 6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. Other (Describe) The state elects to provide a basic set of health care benefits that are focused on primary health care needs and that contain the cost of the benefit package. Specific covered services are described in Section 6.2 below.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
6.2.1.
Inpatient services (Section 2110(a)(1)) Covered, medically necessary inpatient services are unlimited and include, but are not limited to: Semi-private room and board (or private if medically necessary as certified by attending); general nursing care; ICU and services; patient meals and special diets; operating, recovery and other treatment rooms; anesthesia and administration (facility technical component); surgical dressings, trays, casts, splints, drugs, medications and biologicals; X-rays, imaging and other radiological tests (facility technical component); laboratory and pathology services (facility technical component); machine diagnostic tests (EEGs, EKGs, etc); oxygen services and inhalation therapy; radiation and chemotherapy; access to DSHS-designated Level III perinatal centers or hospitals meeting equivalent levels of care; hospital-provided physician services (facility technical component); and, in-network or out- of-network facility and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section.
Exclusions and Limitations include: Infertility treatments or reproductive services other than prenatal care, labor and delivery, and care related to disease, illnesses, or abnormalities related to the reproductive system; personal comfort items including but not limited to personal care kits provided on inpatient admission, telephone, television, newborn infant photographs, meals for guests of patient, and other articles
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 29 which are not required for the specific treatment of sickness or injury; experimental and/or investigational medical, surgical or other health care procedures or services which are not generally employed or recognized within the medical community; treatment or evaluations required by third parties including, but not limited to, those for schools, employment, flight clearance, camps, insurance or court; custodial care; mechanical organ replacement devices, including, but not limited to artificial heart; private duty nursing services when performed on an inpatient basis; and, hospital services and supplies when confinement is solely for diagnostic testing purposes, unless otherwise pre-authorized by the Health Plan.
The Health Plan may require prior authorization for: non- emergency care and following stabilization of an emergency condition; and, for in-network or out-of-network facility and physician services for a mother and her newborn(s) after 48 hours following an uncomplicated vaginal delivery and after 96 hours following an uncomplicated delivery by caesarian section.
CHIP Perinatal Program: • Inpatient services are not a covered benefit for unborn children between 0 and 185 percent of the Federal Poverty Level (FPL). Once the child is born, they will receive full CHIP benefits. • Covered medically necessary inpatient services are limited to labor and delivery until birth for unborn children above 185 percent up to and including 200 percent of the FPL. Once the child is born, they will receive full CHIP benefits.
6.2.2.
Outpatient services (Section 2110(a)(2)) Covered, medically necessary outpatient services are unlimited and include, but are not limited to, the following services provided in a hospital clinic, a clinic or health center, hospital- based emergency department or an ambulatory health care setting: X-ray, imaging, and radiological tests (technical component); laboratory and pathology services (technical component); machine diagnostic tests; ambulatory surgical facility services; drugs, medications and biologicals; casts, splints, dressings; preventive health services; physical occupational and speech therapy; renal dialysis; respiratory services; radiation and chemotherapy; and blood or blood products (if not provided free-of-charge to the patient) and the administration of these products.
Exclusions and Limitations include: The Health Plan may
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 30 require prior authorization and physician prescription for outpatient services.
CHIP Perinatal Program: • Covered, medically necessary outpatient services are limited to those outpatient services that directly relate to prenatal or postpartum care and/or the delivery of the covered unborn child until birth. • Outpatient observation is a covered benefit under the CHIP Perinatal Program. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.3.
Physician services (Section 2110(a)(3)) Covered, medically necessary physician and physician extender services are unlimited and include, but are not limited to, the following: American Academy of Pediatrics recommended well-child exams and preventive health services (including but not limited to vision and hearing screening and immunizations); physician office visits; inpatient and outpatient services; laboratory, x-rays, imaging and pathology services and professional interpretation; medications, biologicals and materials administered in the physician’s office; allergy testing, serum and injections; (in/outpatient) surgical services, including surgeons for surgical procedures including appropriate follow- up care, administration of anesthesia by physician (other than surgeon) or CRNA, second surgical opinions, same-day surgery performed in a hospital without an over-night stay; invasive diagnostic procedures such as endoscopic examination; hospital-based physician services (including physician-performed technical and interpretative components); and, in-network and out-of-network physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section.
Exclusions to physician services include: infertility treatments, prostate and mammography screening; reproductive services
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 31 other than prenatal care, labor and delivery, and care related to diseases, illnesses, or abnormalities related to the reproductive system; elective surgery to correct vision; gastric procedures for weight loss; cosmetic surgery/services solely for cosmetic purposes; cut-of-network services not authorized by the Health Plan except for emergency care and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section; services, supplies, meal replacements or supplements provided for weight control or the treatment of obesity, except for the services associated with the treatment for morbid obesity as part of a treatment plan approved by the Health Plan; acupuncture services, naturopathy and hypnotherapy; immunizations solely for foreign travel; routine foot care such as hygienic care; and diagnosis and treatment of weak, strained, or flat feet and the cutting or removal of corns, calluses and toenails (this does not apply to the removal of nail roots or surgical treatment of conditions underlying corns, calluses or ingrown toenails)
The Health Plan may require prior authorization for specialty physician services.
CHIP Perinatal Program: • Covered, medically necessary physician services are limited to prenatal and postpartum care and/or the delivery of the covered unborn child until birth. Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis.
6.2.4.
Surgical services (Section 2110(a)(4)). Covered, unlimited medically necessary surgical services, and limitations and exclusions to surgical services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program:
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 32 • Covered, medically necessary surgical services are limited to services that directly relate to the delivery of the unborn child enrolled in the program until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.5.
Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5)) Covered, unlimited medically necessary clinic services (including health center services) and other ambulatory health care services, and limitations and exclusions to these services are described under outpatient services.
CHIP Perinatal Program: • Covered, medically necessary clinic services are limited to prenatal and postpartum care and/or the delivery of the covered unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.6.
Prescription drugs (Section 2110(a)(6)) Open formulary based on the Texas Medicaid Program open formulary. Covered, unlimited medically necessary prescription drugs include non-experimental, FDA-approved physician- prescribed drugs that are prescribed for the medical treatment of illness or injuries.
Exclusions include: contraceptive medications prescribed only for the purpose of primary and preventive reproductive health care; and, medications for weight loss or gain.
The state will require prior authorization for selected drugs. The state will also implement a preferred drug list (with provisions for medically necessary exceptions) and may establish a four- prescription limit on brand name drugs and a thirty-four day supply limit, if determined to be cost effective. Medically necessary exceptions will also apply to both of these limits.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 33 CHIP Perinatal Program: • Covered medically necessary prescription and injection drugs are a covered benefit for the unborn child.
6.2.7.
Over-the-counter medications (Section 2110(a)(7))
6.2.8.
Laboratory and radiological services (Section 2110(a)(8)) Covered, unlimited, medically necessary laboratory and radiological services, and limitations and exclusions to laboratory and radiological services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary laboratory and radiological services are limited to services that directly relate to antepartum care and/or the delivery of the covered unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Cordocentesis, FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Laboratory tests for the CHIP Perinatal Program are limited to: nonstress testing, contraction stress testing, hemoglobin or hematocrit, or complete blood count (CBC), urinanalysis, blood type and Rh antibody screen, rubella antibody titer, serology for syphilis, hepatitis B surface antigen, cervical cytology, pregnancy test, gonorrhea test, urine culture, sickle cell test, tuberculosis (TB) test, human immunodeficiency virus (HIV) antibody screen, Chlamydia test, other laboratory tests not specified but deemed medically necessary, and multiple marker screens for neural tube defects (if the client initiates care between 16 and 20 weeks). • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients. 6.2.9.
Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) Covered, unlimited prenatal care and medically necessary care related to diseases, illnesses, or abnormalities related to the reproductive system, and limitations and exclusions to these services are described under inpatient, outpatient, and physician services.
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Effective Date:
Approval Date: 34
Primary and preventive health benefits do not include pre- pregnancy family reproductive services and supplies, or prescription medications prescribed only for the purpose of primary and preventive reproductive health care.
CHIP Perinatal Program: • Prenatal care and prepregnancy family services and supplies are limited to an initial visit and subsequent prenatal (antepartum) care visits that include: one visit every four weeks for the first 28 weeks of pregnancy; one visit every two to three weeks from 28 to 36 weeks of pregnancy; and one visit per week from 36 weeks to delivery. More frequent visits are allowed as medically necessary. • Limit of 20 prenatal visits and 2 postpartum visits (maximum within 60 days) without documentation of a complication of pregnancy. More frequent visits may be necessary for high-risk pregnancies. High-risk obstetrical visits are not limited to 20 visits per pregnancy. Documentation supporting medical necessity must be maintained in the physician’s files and is subject to retrospective review. • Subsequent visits must include: interim history (problems, marital status, fetal status), physical examination (weight, blood pressure, fundal height, fetal position and size, fetal heart rate, extremities) and laboratory tests (urinanalysis for protein and glucose every visit; hematocrit or hemoglobin repeated once a trimester and at 32-36 weeks of pregnancy; multiple marker screen for fetal abnormalities offered at 16 to 20 weeks of pregnancy; repeat antibody screen for Rh negative women at 28 weeks followed by Rho immune globulin administration if indicated; screen for gestational diabetes at 24 to 28 weeks of pregnancy; and other lab tests as indicated by medical condition of client).
6.2.10.
Inpatient mental health services, other than services described in 6.2.18, but including services furnished in a state-operated facility and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10)) Covered, medically necessary inpatient mental health services include, but are not limited to, mental health services furnished in a free-standing psychiatric hospital, psychiatric units of general acute care hospitals and state-operated facilities, as well as neuropsychological and psychological testing.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 35 Inpatient psychiatric services are included, up to a 12-month period limit, ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities. The court order serves as binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
Inpatient mental health services are for a 12-month benefit period, and are limited to a 45-day inpatient limit per 12-month period. Twenty-five (25) days of the inpatient benefit can be converted to residential treatment, therapeutic foster care or other 24-hour therapeutically planned and structured services or sub-acute outpatient (partial hospitalization or rehabilitative day treatment) mental health services on the basis of financial equivalence against the inpatient per diem cost. Twenty (20) of the inpatient days must be held in reserve for inpatient use only. Prior authorization may be required for non-emergency services; however, PCP referral is not required.
CHIP Perinatal Program: • Inpatient mental health services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.11.
Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state- operated facility and including community-based services. (Section 2110(a)(11) Covered, medically necessary outpatient mental health services include, but are not limited to, mental health services provided on an outpatient basis and neuropsychological and psychological testing.
Includes outpatient psychiatric services, up to an annual limit, ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities. The court order serves as binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
Outpatient mental health services are for a 12-month benefit period and are limited to up to 60 outpatient visits per 12-month period. The visits can be furnished in a variety of community-
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 36 based settings (including school and home-based settings) or in a state-operated facility. Medication management visits do not count against the outpatient visit limit. Outpatient rehabilitative day treatments are limited to up to 60 days per 12-month period.
Sixty (60) outpatient visits can be converted to skills training (psycho-educational skills development) or rehabilitative day treatment on the basis of financial equivalence against the outpatient visit cost. Sixty (60) rehabilitative day treatment days can be converted to outpatient visits on the basis of financial equivalence against the day treatment per diem cost. Inpatient days converted to sub-acute outpatient services are in addition to the outpatient limits and do not count towards those limits.
Partial hospitalization benefits are paid as described in the inpatient mental health benefits section. Prior authorization may be required; however, outpatient mental health services do not require PCP referral.
CHIP Perinatal Program: • Outpatient mental health benefits are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.12.
Durable medical equipment and other medically related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Covered services includes durable medical equipment (equipment which can withstand repeated use, and is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness, injury or disability, and is appropriate for use in the home), and other medically-related or remedial devices that are medically necessary and necessary for one or more activities of daily living, and appropriate to assist in the treatment of a medical condition. These devises include, but are not limited to: orthotic braces and orthotics; prosthetic devices such as artificial eyes, limbs and braces; prosthetic eyeglasses and contact lenses for the management of severe opthomological disease; hearing aids; other artificial aides including surgical implants.
Durable medical equipment and other medically related or remedial devices are for a 12-month benefit period. Limitations include: $20,000 per 12-month period limit for DME,
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 37 prosthetics, devices, and disposable medical supplies (implantable devices and diabetic supplies and equipment are not counted against this cap).
Exclusions include: Replacement or repair of prosthetic devices and durable medical equipment due to misuse, abuse or loss when confirmed by the Member or the vendor; corrective orthopedic shoes; convenience items; diagnosis and treatment of flat feet; routine refractory services and glasses/contacts; and orthotics primarily used for athletic or recreational purposes.
The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Durable medical equipment or other medically related remedial devices are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.13.
Disposable medical supplies (Section 2110(a)(13)) Covered benefits include diagnosis-specific disposable medical supplies, including diagnosis-specific prescribed specialty formulas and dietary supplements. However, coverage is limited to formulas prescribed for chronic hereditary metabolic disorders, a non-function or disease of the structures that normally permit food to reach the small bowel; or malabsorption due to disease (expected to last longer than 60 days when prescribed by the physician and authorized by the Health Plan) are covered.
Limitations and exclusions: Disposable medical supplies are included under the $10,000 limit per term of coverage Durable Medical Equipment cap; however, diabetic supplies and equipment are exempted from this cap.
CHIP Perinatal Program • Disposable medical supplies are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.14.
Home and community-based health care services (See instructions) (Section 2110(a)(14))
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 38 Covered, medically necessary home and community-based health care services include, but are not limited to: Speech, physical, and occupational therapy; home infusion; respiratory therapy; skilled nursing visits as defined for home health purposes (may include R.N. or L.V.N.); home health aide services, when provided under the supervision of a R.N. and included as part of a plan of care during a period that skilled visits have been approved.
Limitations and exclusions to home and community-based health care services are: Excludes custodial care that assists a child with the activities of daily living and does not require the continuing attention of trained medical or paramedical personnel; excludes services intended to replace the child's caretaker or to provide relief for the caretaker; skilled nursing visits are provided on an intermittent level and are not intended to provide 24-hour skilled nursing services; services are for blocks of time and are not intended to replace 24-hour inpatient or skilled nursing facility services; excludes housekeeping services; excludes public facility services and care for conditions that federal, state, or local law requires be provided in a public facility or care provided while in the custody of legal authorities; excludes services or supplies received from a nurse, which do not require the skill and training of a nurse.
The Health Plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Home and community-based health care services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.15.
Nursing care services (See instructions) (Section 2110(a)(15)) Covered, unlimited medically necessary nursing care services include home visits for private duty nursing (R.N., L.V.N., block of time)
The Health Plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Nursing care services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 39 6.2.16.
Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16)
6.2.17.
Dental services (Section 2110(a)(17))
The dental benefit consists of three tiers that cover the following services per 12-month coverage period:
Tier I covers preventive services up to $250, and therapeutic services up to $280; Tier II covers preventive services up to $250, and therapeutic services up to $425; and Tier III covers preventive services up to $250, and therapeutic services up to $565.
Preventive services include routine check-ups, x-rays, cleaning and sealants. Therapeutic services include such things as fillings, crowns, root canals and extractions.
A 12-month coverage period is defined as one 12-month enrollment period.
Limitations to dental services are that if services are all used within one 6-month enrollment period, these services are not available during the second 6-month enrollment period.
CHIP Perinatal Program: • Dental services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.18.
Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Covered, medically necessary services include, but are not limited to, inpatient and residential substance abuse treatment services including detoxification and crisis stabilization, and 24- hour residential rehabilitation programs.
Inpatient substance abuse treatment services and residential substance abuse treatment services are for a 12-month benefit period. Limitations to inpatient and residential substance abuse treatment services are 14 days per 12-month period for detox/crisis stabilization services; 60 days per 12-month period for 24-hour residential rehabilitation programs, or equivalent (30 days must be held in reserve; however, 30 days may be converted to partial hospitalization or intensive outpatient
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 40 rehabilitation on the basis of financial equivalence against the inpatient per diem cost).
Prior authorization may be required for nonemergency services; however, PCP referral is not required.
CHIP Perinatal Program: • Inpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.19.
Outpatient substance abuse treatment services (Section 2110(a)(19)) Medically necessary outpatient substance abuse treatment services include, but are not limited to, prevention and intervention services that are provided by physician and non- physician providers, such as screening, assessment and referral for chemical dependency disorders.
Outpatient substance abuse treatment services are for a 12- month benefit period. Limitations to outpatient substance abuse treatment services are: up to 12 weeks per 12-month period for the intensive outpatient program; and up to six months per 12-month period for outpatient services. Intensive outpatient services is defined as an organized non-residential service providing structured group and individual therapy, educational services, and life skills training which consists of at least 10 hours per week for four to 12 weeks, but less than 24 hours per day. Outpatient treatment services is defined as consisting of at least one to two hours per week providing structured group and individual therapy, educational services, and life skills training.
These services do not require a primary care provider referral, but prior authorization may be required.
CHIP Perinatal Program: • Outpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.20.
Case management services (Section 2110(a)(20)) Medically necessary case management services above and beyond those normally provided to all members are covered for
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 41 Children with Complex Special Health Care Needs. These covered services include outreach, informing, intensive case management, care coordination and community referral.
State-certified Community Health Workers, also known as promotora(s), are utilized in target areas to focus education to under-served populations. The program aims to bridge social, economic and cultural gaps to provide information about effective utilization of CHIP and preventive care to enrolled families. Delivery of Community Health Worker training and services are designed to improve preventive care on the CHIP program.
CHIP Perinatal Program: • Case management services are a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.21.
Care coordination services (Section 2110(a)(21))
CHIP Perinatal Program: • Care coordination services are a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatale newborn is the same as coverage for CHIP clients.
6.2.22.
Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22)) Covered, medically necessary habilitation (the process of supplying a child with the means to reach age-appropriate developmental milestones through therapy or treatment) and rehabilitation services include, but are not limited to physical, occupational and speech therapy and developmental assessment.
Reimbursement for school-based services is not covered, except for therapy services ordered by the PCP.
The Health Plan may require authorization and physician prescription.
CHIP Perinatal Program: • Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders are not a covered benefit for the unborn child.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 42 • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.23.
Hospice Care (Section 2110 (a) (23)) Covered, medically necessary hospice services include, but are not limited to, palliative care, including medical and support services, for those children who have six months or less to live, to keep patients comfortable during the last weeks and months before death. Treatment for unrelated conditions is unaffected.
Hospice care services are for a 6-month benefit period. Limitations include: Services apply only to the hospice diagnosis; limited to a maximum of 120 days with a six-month life expectancy; and, patients electing hospice services must waive their rights to treatment related to their terminal illnesses; however, they may cancel this election at any time.
The Health Plan may require authorization and physician prescription.
CHIP Perinatal Program: • Hospice care is not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.24.
Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Skilled Nursing Facility (including Rehabilitation Hospital) Services Covered, medically necessary skilled nursing facility and rehabilitation hospital services include, but are not limited to, semi-private room and board; regular nursing services; rehabilitation services; and medical supplies and use of appliances and equipment furnished by the facility. Skilled nursing facility services are for a12-month period. Coverage is limited to 60 days per 12-month period. Private duty nurses, television and custodial care are excluded. The Health Plan may require authorization and physician prescription.
CHIP Perinatal Program: • Skilled nursing facility and rehabilitation hospital services are not covered a benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 43 is the same as coverage for CHIP clients.
Emergency Services including Emergency Hospitals and Physician Covered, medically necessary covered services include: emergency services based on prudent lay person definition of emergency health condition; hospital emergency department room and ancillary services and physician services 24 hours a day, 7 days a week, both by in-network and out-of-network providers; medical screening examination; stabilization services; access to designated Level I and Level II trauma centers or hospitals meeting equivalent levels of care for emergency services. The Health plan cannot require authorization as a condition for payment for emergency conditions or labor and delivery; however, the health plan may require authorization for post-stabilization services.
CHIP Perinatal Program: • Covered, medically necessary emergency services are limited to those emergency services that directly relate to the delivery of the covered unborn child until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for CHIP Clients. • Post-delivery services or complications resulting in the need for emergency services for the mother of the CHIP Perinatal newborn are not a covered benefit.
Vision Services Covered, medically necessary services include: one examination of the eyes to determine the need for, and prescription for, corrective lenses per 12-month period, without Health Plan authorization; and one pair of non-prosthetic eyewear per 12-month period. Vision services are for a 12- month benefit period. The Health Plan may reasonably limit the cost of frames/lenses. The Health Plan may require authorization for protective and polycarbonate lenses when medically necessary as part of a treatment plan for covered diseases of the eye. Vision training and vision therapy are excluded.
CHIP Perinatal Program: • Vision services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
Transplant Services
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 44 Using up-to-date FDA guidelines, all non-experimental human organ and tissue transplants and all forms of non-experimental corneal, bone marrow and peripheral stem cell transplants, including donor medical expenses are covered, if medically necessary. Donor non-medical expenses are not covered. The Health Plan may require prior authorization.
CHIP Perinatal Program: • Transplant services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
Tobacco Cessation Programs A Health Plan approved tobacco cessation program is covered up to a $100 limit per 12-month period. Tobacco cessation program services are for a 12-month benefit period. The Health Plan may require prior authorization and use of a formulary.
CHIP Perinatal Program: • Tobacco Cessation programs are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
Chiropractic Services Medically necessary services are limited to spinal sublaxation. Chiropractic services do not require physician prescription and are for a 12-month benefit period. These services are limited to 12 visits per 12-month period (regardless of number of services or modalities provided in one visit). The Health Plan may require authorization for additional visits.
CHIP Perinatal Program: • Chiropractic services are not a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinatal newborn is the same as coverage for CHIP clients.
6.2.25.
Premiums for private health care insurance coverage (Section 2110(a)(25)) (Note: HHSC is developing a premium assistance program through a HIFA wavier request.)
6.2.26.
Medical transportation (Section 2110(a)(26)) Emergency ground, air or water transportation is a covered service.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 45
CHIP Perinatal Program: • Medical transportation is not a covered benefit for the unborn child. • Ambulance services for labor and threatened labor are a covered benefit for the unborn child. • Upon delivery, coverage for the CHIP Perinate newborn is the same as coverage for CHIP clients.
6.2.27.
Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.28.
Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1.
The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2.
The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre-existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Please describe: Previously 8.6
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and (3)) (42 CFR 457.1005 and 457.1010)
6.4.1.
Cost Effective Coverage. Payment may be made to a state in excess of the 10% limitation on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above; Describe the coverage provided
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 46 by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security Act. Describe the community-based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2.
Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low- income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
6.4.2.1. Purchase of family coverage is cost-effective relative to the amounts that the state would have paid to obtain comparable coverage only of the targeted low-income children involved; and (Describe the associated costs for purchasing the family coverage relative to the coverage for the low income children.) (Section 2105(c)(3)(A)) (42CFR 457.1010(a))
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 47 Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well-child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The state has used numerous methods to assure that SCHIP beneficiaries receive quality services that are appropriate to their needs. These methods include the following:
• Requirement that health plans submit patient-level encounter data to the SCHIP External Quality Review Organization (EQRO). The data is analyzed using HEDIS and other benchmarks to assess the provision of well-baby, well-child and immunization services.
• Assess health plan delivery of child health services through comprehensive surveys of the enrolled SCHIP population.
• Requirement that HMOs and EPOs develop and maintain quality assurance and quality improvement programs.
• Verification that the HMOs and EPO have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services; telephone appointments; and advice and member service lines.
• Restrictions on physician incentive plans.
• Requirement that HMOs and EPOs provide training to providers on a number of topics including the special needs of SCHIP Phase II clients.
• Requirement that HMOs and EPOs have health education and wellness promotion programs.
• Requirement that HMOs and EPOs maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
• Requirement that HMOs and EPOs develop, implement and maintain a member complaint system.
• Requirement that HMOs and EPOs send notice to SCHIP beneficiaries
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 48 on the HMO’s appeals process for services that are denied, delayed, reduced or terminated.
• Access to a grievance process to appeal an HMO or EPO action.
In addition to internal monitoring processes, an external quality monitor is used to evaluate quality assurance activities described above for the HMO and EPO models.
To ensure children receive proper well-baby and well-child care and immunizations, HMO and any EPO providers are required to do the following:
• Provide children with well-baby and well-child care and immunizations according to the American Academy of Pediatrics or DSHS periodicity schedule for children. Provide well-child care and immunizations to all children except when the family refuses services after being provided accurate and complete information about services.
• Ensure that families are provided information and education materials about well-child care and immunizations, especially the importance of well-child checkups, and about how and when to obtain the services.
• Provide training to network providers and provider staff about well-child care and immunizations.
Will the state utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1.
Quality standards Health Plans are encouraged to follow QISMC guidelines and other standards established by the state in the development and maintenance of their Quality Improvement Programs.
7.1.2.
Performance measurement Texas is using a variety of performance measures to assess program quality, including pediatric HEDIS measures, ambulatory care sensitive conditions, case-mix adjusted actual versus expected experience rankings, and consumer survey results (including results from the Consumer Assessment of Health Plans Study (CAHPS)).
7.1.3.
Information strategies The EQRO produces reports for analysis which focus on the review and assessment of quality of care given by SCHIP health plans, detection of over and under-utilization, and other user-defined reporting criteria and standards.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 49 7.1.4.
Quality improvement strategies The state requires all SCHIP Health Plans to develop and maintain a Quality Improvement Program (QIP) system that complies with federal regulations relating to Quality Assurance systems, and state insurance department regulations. Each Health Plan QIP must be approved by the state. Health Plans must conduct focused health studies in areas established by the state. All aspects of the health plans QIP will be monitored by the state. The state will also perform ongoing medical record reviews, and retrospective medical record reviews for health plans.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495) As a means of measuring accessibility, the state has established standard ratios of full-time equivalent PCPs to SCHIP beneficiaries and full-time board certified/board eligible pediatricians to SCHIP beneficiaries.
Network managers are required to ensure that primary care providers (PCP) are located no more than 30 miles from any member, unless approved by the state. No member is required to travel in excess of 75 miles to secure initial contact with referral specialists; special hospitals, psychiatric hospitals; diagnostic and therapeutic services; and single service health care physicians or providers except when approved by the state. Networks must include pediatricians and physicians with pediatric experience that is adequate to provide eligible children and adolescents with the full scope of benefits.
Network managers are required to demonstrate their ability to monitor network capacity and member access to needed services throughout the geographic service area in order to maintain the adequacy of the network. Managers need to maintain systems for monitoring patient load so that they can effectively plan for future needs and recruit providers as necessary to assure adequate access to primary care and specialty care. Health plan are also required to routinely monitor and ensure the after-hours availability and accessibility of PCPs.
The state requires that networks provide access to urgent care within 24 hours of request and routine care within 2 weeks of request. The state also requires that networks provide medically necessary emergency services 24 hours a day, seven days a week, either by access to the PCP or after-hours coverage through the Health Plan’s network facilities, or through reimbursement of out of network providers.
Networks are required to maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
The state tracks network utilization controls and will monitor inpatient
(compiled)(current-state-plan)(page-50)Page 50#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 50 admissions, emergency room use, ancillary, and out-of area services for SCHIP network clients.
7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a)) SEE 7.1
7.2.2 Access to covered services, including emergency services as defined in 42 CFR §457.10. (Section 2102(a)(7)) 42CFR 457.495(b)) SEE 7.2
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The state monitors the status of children with special health care needs through quarterly reviews of encounter data and periodic surveys of the SCHIP families. When deficiencies are identified, among particular plans, corrective action plans are implemented.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
The state assures decisions related to the prior authorization of health services are completed in accordance with state law by reviewing quarterly member and provider complaint reports, conducting spot audits and completing, with the state's EQRO, a periodic Quality of Care Survey of members.
SCHIP health plans are subject to state commercial insurance statutes and regulations regarding utilization review, which contain requirements as stringent as federal provisions.
(compiled)(current-state-plan)(page-51)Page 51#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 51 Section 8. Cost Sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42CFR 457.505)
8.1.1.
YES
8.1.2.
NO, skip to question 8.8.
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
8.2.1. Premiums: See costing sharing table. Unborn children are exempt from cost-sharing through the duration of their 12-month eligibility.
8.2.2. Deductibles: None.
8.2.3. Coinsurance or co-payments: See costing sharing table. Unborn children are exempt from cost-sharing through the duration of their 12- month eligibility.
Cost Sharing Enrollment Fees (for 6-month enrollment period): Charge At or below133% of FPL, American Indians and Alaska Natives $0 Above 133% up to and including 150% of FPL 0 Above 150% up to and including 185% of FPL $35 Above 185% up to and including 200% of FPL $50 Co-Pays (per visit):
At or below 100% of FPL Charge Office Visit $3 Non-Emergency ER $3 Generic Drug $0 Brand Drug $3 Cost Sharing Cap 1.25% (of family’s income)* Facility Co-pay, Inpatient $10 Above 100% up to and including 150% of FPL Charge Office Visit $5 Non-Emergency ER $5 Generic Drug $0 Brand Drug $5
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 52 Cost Sharing Cap 1.25% (of family’s income)* Facility Co-pay, Inpatient (per admission) $25 Above 150% up to and including 185% of FPL Charge Office Visit $7 Non-Emergency ER $50 Generic Drug $5 Brand Drug $20 Cost Sharing Cap 2.5% (of family’s income)* Facility Co-pay, Inpatient (per admission) $50 Above 185% up to and including 200% of FPL Charge Office Visit $10 Non-Emergency ER $50 Generic Drug $5 Brand Drug $20 Cost Sharing Cap 2.5% (of family’s income)* Facility Co-pay, Inpatient (per admission) $100 *Per 6-month term of coverage
8.2.4. Other: None.
8.3. Describe how the public will be notified, including the public schedule, of this cost-sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(B)) (42CFR 457.505(b))
Outreach materials reference cost sharing requirements. The administrative services contractor provides information to SCHIP families about the required enrollment fee and co-payments for services. Health plans also include information on co-payments in member handbooks sent to SCHIP beneficiaries once enrolled.
8.4. The state assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1.
Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42CFR 457.530)
8.4.2.
No cost-sharing applies to well-baby and well-child care, including age-appropriate immunizations. (Section 2103(e)(2)) (42CFR 457.520)
8.4.3
No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42CFR 457.515(f))
8.5. Describe how the state will ensure that the annual aggregate cost-sharing for
(compiled)(current-state-plan)(page-53)Page 53#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 53 a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Families receive information during the enrollment process on how to track and report their cost sharing expenditures. Texas uses a 1.25% aggregate cap per 6-month term of coverage for families at or below 150% of the FPL. For families at 151% to 200% of the FPL, a 2.5% aggregate cap applies per 6-month term of coverage (see section 8.2.3).
When a family is near their cap on out of pocket cost sharing, they submit a form to the SCHIP administrative services contractor, which in turn, notifies the member’s HMO. The HMO sends the member a new membership card that indicates no cost sharing is required through the end of that member’s enrollment period.
In addition to seeing the member’s card (which would indicate no cost sharing required if cap has been reached), providers can also access a toll-free line operated by the SCHIP administrative services contractor that provides eligibility information.
8.6 Describe the procedures the state will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost sharing. (Section 2103(b)(3)(D)) (42CFR 457.535)
American Indian and Alaska Native applicants identify themselves on the application. The administrative services contractor uses special identifying codes for American Indians and Alaska Natives. This code ensures that American Indians and Alaska Natives are not charged an enrollment fee. The American Indian and Alaska Native identifiers are transmitted electronically to the health plans. Under the state’s contract, the health plans are prohibited from assessing co-payments for American Indians and Alaska Natives. Heath plan Member ID cards for American Indians and Alaska Natives must show that they owe no co-payments for services. The health plan also is contractually required to educate providers about the cost- sharing waiver for American Indians and Alaska Natives.
8.7 Please provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42CFR 457.570 and 457.505(c))
New enrollees must pay the enrollment fee prior to enrollment in the program. Families renewing coverage have until cut-off of the first month of the new six-month coverage period to pay the enrollment fee. Cut-off is usually 10-15 days prior to the end of the month. As long as payment is received by the cut-off date, no lapse in coverage is experienced. If the family fails to pay the enrollment fee by cut-off of the first month of the new
(compiled)(current-state-plan)(page-54)Page 54#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 54 six-month coverage period, the family will be sent a disenrollment letter.
If the family wishes to request a review, the family must send a written request within 30 days from the date of denial. The review is processed within 10 business days. If the family is dissatisfied with the outcome of the review, the family may request an administrative review. The administrative review is performed by the state within 15 business days. The results of the administrative review are final.
Enrollees are not disenrolled for nonpayment of co-pays (payments that clients pay directly to providers).
8.7.1 Please provide an assurance that the following disenrollment protections are being applied:
State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, co-payments, coinsurance, deductibles or similar fees prior to disenrollment. (42CFR 457.570(a))
The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non-payment of cost-sharing charges. (42CFR 457.570(b))
In the instance mentioned above, the state will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42CFR 457.570(b))
The state provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42CFR 457.570(c))
8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e))
8.8.1.
No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2.
No cost sharing (including premiums, deductibles, co-pays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3.
No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under the this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
(compiled)(current-state-plan)(page-55)Page 55#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 55 8.8.4.
Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5.
No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475) NOT COVERED.
8.8.6.
No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475) NOT COVERED.
(compiled)(current-state-plan)(page-56)Page 56#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 56 Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New SCHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new SCHIP-Enrolled Texas Children.
Strategic Objective 3: Provide Improved Health Outcomes for New SCHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New SCHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Performance Goal A: Compare annual data of the number and percent of children enrolled in SCHIP to the estimated number of potentially SCHIP eligible children in the state.
Performance Goal B: Track participation by county, age, and racial/ethnic groups.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new SCHIP-Enrolled Texas Children.
Performance Goal A: Track number and percentage of SCHIP- coverage children with completed immunizations at end of middle school (approximately 12-14 years of age).
Performance Goal B: Track number and percentage of SCHIP- coverage children receiving well child checkups by county, age, and racial/ethnic groups.
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 57
Strategic Objective 3: Provide Improved Health Outcomes for New SCHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
Performance Goal A: Track number and percentage of SCHIP- coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Performance Goal B: Track number and percentage of SCHIP- coverage children receiving emergency services by county and age.
Performance Goal C: Track number and percentage of SCHIP- coverage children having hospital discharges by county and age.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A), (B)) (42CFR 457.710(d))
The strategic objectives and performance goals of the Title XXI SCHIP program have been initiated for the first biennium based on the principal desire of the state to plan and implement a successful SCHIP program in Texas. In order to be successful, the program design includes significant attention to outreach, eligibility determination, enrollment, and the participation of providers and children.
The state developed four strategic objectives to measure access, service provision, quality of care and health resources utilization as a means of evaluating the health status of children in the SCHIP program. Data have been obtained from managed care plans, medical records and surveys. Health plan patient-level encounter data have been analyzed using case-mix adjustment process, including the Chronic Illness and Disability Payment System (CDPS) and Ambulatory Care Groups (ACGs) frameworks. In addition, the state has used encounter data to assess health plan performance on child and adolescent HEDIS measures. The state has also completed three enrollee surveys, including a survey of New Enrollees, Disenrollees, Established Enrollees Consumer Assessment of Health Plans Survey (CAHPS) of each health plan by service area.
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1.
The increase in the percentage of Medicaid-eligible children
(compiled)(current-state-plan)(page-58)Page 58#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 58 enrolled in Medicaid.
9.3.2.
The reduction in the percentage of uninsured children.
9.3.3.
The increase in the percentage of children with a usual source of care.
9.3.4.
The extent to which outcome measures show progress on one or more of the health problems identified by the state.
9.3.5.
HEDIS Measurement Set relevant to children and adolescents younger than 19.
9.3.6.
Other child appropriate measurement set. List or describe the set used.
9.3.7.
If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as:
9.3.7.1. Immunizations
9.3.7.2. Well-child care
9.3.7.3. Adolescent well visits
9.3.7.4. Satisfaction with care (Surveys)
9.3.7.5. Mental health
9.3.7.6. Dental care
9.3.7.7. Other, please list:
9.3.8.
Performance measures for special targeted populations. [Children with Special Health Care Needs (CSHCN) Screener questions included in Surveys]
9.4.
The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5.
The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750) Texas will develop the necessary data sources and baselines with which to assess and evaluate program performance consistent with
(compiled)(current-state-plan)(page-59)Page 59#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 59 Title XXI requirements and the requirements of day-to-day program management. HHSC will dedicate staff or contracted resources to review program performance and develop strategies for improvement
9.6.
The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7.
The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.135)
9.8.1.
Section 1902(a)(4)(C) (relating to conflict of interest standards)
9.8.2.
Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3.
Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4.
Section 1132 (relating to periods within which claims must be filed)
9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The state has actively sought the involvement of the public in the development of the Texas SCHIP Phase II program through numerous avenues. The Lieutenant Governor established the Senate Interim Committee on Children’s Health Insurance in March 1998, which heard extensive testimony during the summer from the public on the policy options and recommendations for SCHIP. The Texas House Committee on Appropriations and the Texas House Committee on Public Health also participated in joint public hearings on SCHIP with the Senate Interim Committee. Hearings were widely publicized through the Texas Register, media advisories, Internet web sites, and targeted mailings to advocacy groups. State agency representatives have met on a regular basis with legislative staff to gain legislative input on the development of draft proposals.
In addition to legislative public hearings, the Health and Human Services Commission, in collaboration with the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental
(compiled)(current-state-plan)(page-60)Page 60#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 60 Health and Mental Retardation held 10 public hearings around the state throughout the fall of 1998 and early in 1999. The state made a concerted effort to attract families, providers, health officials, advocates, community- based organizations, and other community representatives to these hearings, specifically by working with state and local SCHIP Coalitions representing a broad range of consumer and provider interests. Public hearings were held in late afternoon – early evening to better allow family members to attend. The state also hosted local discussions at each of the public hearing sites to establish community linkages and gain community input on local outreach strategies and other topics in a more informal setting. Local advisory groups are used to provide ongoing direction and input on outreach strategies for Texas SCHIP.
A number of advocacy groups in Texas formed the SCHIP Coalition in Spring 1998. State representatives meet regularly with the SCHIP Coalition, making presentations on various aspects of the program design and seeking feedback throughout the development process. The state used the SCHIP Coalition to provide input and guidance on program components as Texas SCHIP was implemented. The state also meets with the Disability Policy Consortium, which represents statewide disability advocacy groups, to discuss developments in Texas SCHIP.
State representatives meet with state provider organizations, such as the Texas Medical Association and the Texas Hospital Association. State staff present at numerous provider conferences and meetings. Continued involvement of these organizations is essential in the operation of Texas SCHIP.
Public involvement in implementation of Texas SCHIP was ensured through state agencies’ rule-making processes and through public participation in outreach efforts. In addition, regional advisory committees with broad representation across provider and consumer groups and including parents of SCHIP enrollees were formed to provide advice on program policy, management, and outreach.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR §457.125. (Section 2107(c)) (42CFR 457.120(c))
HHSC requires health plans to seek participation in its provider network from the tribal health clinics.
American Indian and Alaska Native children are exempt from cost sharing.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when
(compiled)(current-state-plan)(page-61)Page 61#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 61 prior public notice was provided as required in §457.65 (b) through (d).
CHIP Program changes related to the time period for payment of cost sharing obligations – This amendment increases the amount of time that enrollees have to pay the enrollment fee upon renewal of their coverage. Prior public notice was provided through: - Posting of a notice in the Texas Register regarding the submission of the SCHIP state plan amendment, including contact information to obtain a copy of the amendment.
CHIP Program Changes related to extension of coverage for Prenatal Care and Associated Health Care Services:
- Public input was sought through meetings with interested stakeholders such as the Texas Hospital Association, the Texas CHIP Coalition, and the Texas Association of Health Plans. - Eligibility and cost sharing rules were presented to members of the Medical Care Advisory Committee and the Texas Health and Human Services Commission Agency Council. - hearing was held on November 1, 2005. - Public notice was also submitted to the Texas Register.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
- Planned use of funds, including -- - Projected amount to be spent on health services; - Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and - Assumptions on which the budget is based, including cost per child and expected enrollment. - Projected sources of non-Federal plan expenditures, including any requirements for cost sharing by enrollees.
SCHIP Budget Plan
Federal Fiscal Year 2008 Costs Enhanced FMAP rate (state share) 0.2761 Benefit Costs
Managed Care Premiums
Per member/per month rate times the number of eligibles 935,187,374 Fee for Service:
Prescription Drugs 135,642,986 Total Benefit Costs 1,070,830,359 (Offsetting beneficiary cost sharing payments) (10,936,980) Net Benefit Costs 1,059,893,379
Administration Costs
(compiled)(current-state-plan)(page-62)Page 62#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 62 Eligibility Enrollment and Outreach 20,883,925 Other Administration 5,624,944 Subtotal 26,508,869
Total Administration Costs 26,508,869 10% Administrative Cost Ceiling (benefits-cost share)/9) 117,765,931 Federal Share (multiplied by EFMAP rate) 786,446,587 State Share 299,955,661 TOTAL PROGRAM COSTS 1,086,402,248
Notes: The Federal Fiscal Year (FFY) runs from October 1st through September 30th. Members per Month and PMPM assumptions are derived from the June Update 2007 forecast which includes HB 109. Client Service cost include Perinates, Vaccines, and Dental.
Average Federally funded SCHIP Members per Month: FY 2008 - 335,969 (excludes Perinates). The PMPM assumptions are $103.06 for premiums, and $0.49 for vaccines and $25.36 for Prescription Drugs
Average Federally-funded SCHIP Perinate Members per Month: FY 2008 - 95,480 The PMPM assumptions are $451.85 for premiums, and $29.17 for Prescription Drugs
The State's funding sources include State Tobacco Funds, General Revenues, rebates, and cost sharing.
Assumptions:
Benefit costs represent payments to health providers for providing health care services to CHIP enrollees. These cost estimates are based upon the yearly mean average of enrollees and the average cost per enrollee per month. Administration costs represent the cost of eligibility determination and enrollment services, outreach, quality assurance efforts by the agency, audits, and actuarial work.
Funding Sources The funding source for the state share for state fiscal years 2002 and beyond includes appropriated state funds and may include other public funds certified or transferred from public agencies consistent with applicable federal law and regulations.
Sources of state share for state fiscal year 2002 and beyond also include bona-fide donations consistent with Section 2107(e)(1)(C) of the Social Security Act, Section 1903(w) of the Act, and other applicable federal law and regulations. The following provides background on the donors, donor sources of revenue and donor funding flow for the one project that involves bona-fide donations: the Community Health Workers Project (approved in correlation with the compliance SPA amendment). Documentation for additional donors will be submitted to CMS for approval. The State assures compliance with the definition of bona-fide donations described in 42CFR
(compiled)(current-state-plan)(page-63)Page 63#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 63 Section 433.54 for all donations.
Donor(s)
Community Health Workers Project The donor(s) for the community health worker project are as follows:
Houston Endowment, Inc. – Jesse and Mary Gibbs Jones established the Houston Endowment, Inc. in 1937 to provide financial support for charitable and educational projects in the Houston community. The total award is $173,000 over a three-year period.
Donor Sources of Revenue
Community Health Workers Project
According to Financial Statements for the Year ended December 31, 2002, it is assured that the Houston Endowment, Inc. receives no more than 25 percent of its annual revenues from health care related providers and does not provide medical or administrative related services under SCHIP.
Funding Flow
Community Health Workers Project Donations will flow from the donor entity (the Houston Endowment, Inc.) to HHSC, which in turn will reflect the amount of those donations in its federal funds claims.
(compiled)(current-state-plan)(page-64)Page 64#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 64 Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1), (2)) (42CFR 457.750)
10.1.1.
The progress made in reducing the number of uncovered low-income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2.
The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3.
The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
(compiled)(current-state-plan)(page-65)Page 65#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 65 Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue to Section 12.
11.1
The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1.
42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents)
11.2.2.
Section 1124 (relating to disclosure of ownership and related information)
11.2.3.
Section 1126 (relating to disclosure of information about certain convicted individuals)
11.2.4.
Section 1128A (relating to civil monetary penalties)
11.2.5.
Section 1128B (relating to criminal penalties for certain additional charges)
11.2.6.
Section 1128E (relating to the National health care fraud and abuse data collection program)
(compiled)(current-state-plan)(page-66)Page 66#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 66 Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR §457.1120.
Both the TexCare review and the HHSC review processes described below are impartial reviews. The TexCare review is impartial because it is performed by a TexCare unit that is separate from the unit that originally made the determination. The HHSC review is impartial since HHSC does not do any direct determinations.
Eligibility and Enrollment Matters Review and Reconsideration Process 1) Matters Subject to Review. An applicant or member may request a review of an initial adverse determination made by the administrative contractor concerning the following: a) denial of eligibility; b) failure to make a timely determination of eligibility; c) enrollment or disenrollment (disenrollment for failing to meet cost sharing obligations is not applicable); 2) Matters Not Subject to Review. The state is not required to provide an opportunity for review and reconsideration if the sole purpose for the decision is a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment, or a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances. 3) Reconsideration by the Health and Human Services Commission. If TexCare’s decision following its review is adverse to the applicant or member, he or she may request reconsideration by the Health and Human Services Commission. Notice of Adverse Determinations TexCare must provide the applicant or member written notice of any adverse eligibility or enrollment determination. The notice must include: 1) the action or determination and the reasons supporting it;
(compiled)(current-state-plan)(page-67)Page 67#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 67 2) the individual’s right to request review and reconsideration of the action or determination; 3) the process for initiating a review or reconsideration; 4) the time frame that applies to the review or reconsideration; and 5) the circumstances under which enrollment, if applicable, may continue pending review and reconsideration. Notification of Eligibility Denials Within 5 business days of determining an eligibility denial, TexCare sends the applicant an eligibility denial notification letter explaining:
1) the reason for the denial;
2) the member’s right to request review by TexCare of the decision and the time frames for the review process;
3) the member’s right to request impartial reconsideration by HHSC, if he or she disagrees with TexCare’s review decision, and the time frames for the reconsideration process; and how to request review and reconsideration
Notification of Disenrollment Within ten calendar days of determining a member should be disenrolled, TexCare sends the applicant a disenrollment notification letter explaining:
1) the reason for disenrollment;
2) the effective date of the disenrollment;
3) the member’s right to request review by the TexCare of the decision and the time frames for the review process;
4) the member’s right to request impartial reconsideration by HHSC, if he or she disagrees with TexCare’s review decision, and the time frames for the reconsideration process; and
5) how to request review and reconsideration.
Requesting a Review
The applicant or member must submit a written request for review.
(compiled)(current-state-plan)(page-68)Page 68#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 68 Conduct of the Review Applicants and members have a right to: 1) represent themselves or have representatives of their choosing participate in the review; 2) timely review their files and other applicable information relevant to the review; and 3) participate fully in the review, whether the appeal is conducted in person, in writing, or by telephone. Disposition of the Review Timely Review. TexCare must complete its decision on the review in a timely manner and furnish a copy of the decision to the applicant or member. The review decision must: 1) state whether the initial adverse action or determination was upheld or reversed and the reasons why; and 2) explain the individual’s right to request a second reconsideration by the Health and Human Services Commission or its designee, of the initial adverse action or determination, and include instructions on requesting reconsideration. Expedited Review. If TexCare and/or HHSC becomes aware that an enrollee’s medical condition necessitates an expedited review, in accordance with 42 CFR 457.1160(b)(2), TexCare will grant a continuation of the enrollee’s current enrollment pending the expedited review. Reconsideration by the Health and Human Services Commission 1) An applicant or member must request reconsideration by HHSC in writing. 2) HHSC must complete its reconsideration of its final decision in a timely manner based upon receipt of the written request for reconsideration by HHSC. 3) The reconsideration decision must include the reasons for the decision.
(compiled)(current-state-plan)(page-69)Page 69#
Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 69 Continuation of Enrollment Pending Disposition of Review and Reconsideration TexCare will grant continuation of enrollment pending review and reconsideration of a disenrollment determination, including disenrollment for failure to pay cost sharing.
Timelines for Reviews
(1) Families have 30 working days from date of notification letter to submit an appeal concerning TexCare’s decision to deny eligibility or disenroll. (2) TexCare has 10 working days after receiving appeal (in writing) to respond with a notice that the decision has been upheld or has been reversed. (3) Families have 15 working from date of response letter to submit written request for additional HHSC review. (4) Within 5 working days of date of receipt, TexCare notifies HHSC of request for additional HHSC review. (5) HHSC has 15 working days to respond to family and notify TexCare of HHSC decision
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR §457.1120.
HHSC requires health insurers to comply with State-specific grievance and appeal requirements currently in effect in the State. State regulations concerning adverse determination are found in the Texas Insurance Code, Section 843.261, Atr.21.58A. Health Services Matters are: 1) delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and 2) failure to approve, furnish or provide payment for health services in a timely manner. Complaints Concerning Health Services Matters Pursuant to Insurance Code A member, or a person acting on the member’s behalf, or the member’s physician or health care provider may file a complaint about an adverse determination made by a health plan provider pursuant to the provisions of Chapter 20A and article 21.58A, Insurance Code. Such a complaint may
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Model Application Template for the State Children’s Health Insurance Program
Effective Date:
Approval Date: 70 lead to review by an independent review organization formed pursuant to article 21.58C, Insurance Code. Expedited Process for Complaints Concerning Health Services Matters Investigation and resolution of complaints concerning health services matters must be concluded in accordance with the medical needs of the patient. Premium Assistance Programs
12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR §457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
(compiled)(factsheet)Texas CHIP compiled state plan: Factsheet (approved August 1, 2003, effective June 1, 2003)#
(compiled)(factsheet)(page-1)Page 1#
TEXAS TITLE XXI PROGRAM FACT SHEET
Name of Plan: TexCare Partnership
Date Phase I Expansion Plan Submitted: April 1, 1998 Date Plan Approved:
June 15, 1998 Effective Date:
July 1, 1998
Date Amendment #1 - Phase II Submitted: June 25, 1999 Date Amendment #1 Approved:
November 5, 1999 Date Amendment #1 Effective:
May 1, 2000
Date Amendment #2 Submitted:
June 21, 2001 Date Amendment #2 Approved:
December 13, 2001 Date Amendment #2 Effective:
September 1, 2001
Date Amendment #3 Submitted: June 21, 2001 Date Amendment #3 Approved: November 25, 2002 Date Amendment #3 Effective: June 1, 2002
Date Amendment #4 Submitted:
January 24, 2002 Date Amendment #4 Withdrawn:
August 21, 2002
Date Amendment #5 Submitted:
February 11, 2002 Date Amendment #5 Approved:
May 1, 2002 Date Amendment #5 Effective:
March 1, 2002
Date Amendment #6 Submitted:
July 8, 2002 Date Amendment #6 Approved:
May 5, 2003
Date Amendment #7 Submitted:
July 28, 2003 Date Amendment #7 Approved:
December 22, 2003 Date Amendment #7 Effective:
September 1, 2003
Date Amendment #8 Submitted:
March 8, 2004 Date Amendment #8 Approved:
November 18, 2004 Date Amendment #8 Effective:
August 1, 2004
Date Amendment #9 Submitted:
March 8, 2004 Date Amendment #9 Disapproved:
December 15, 2004
(compiled)(factsheet)(page-2)Page 2#
Date Amendment #10 Submitted:
August 26, 2004 Date Amendment #10 Withdrawn:
September 28, 2004
Date Amendment #11 Submitted:
September 2, 2005 Status Amendment #11 Approved:
May 26, 2006 Date Amendment #11 Effective:
September 1, 2005
Date Amendment #12 Submitted:
September 28, 2005 Status Amendment #12 Approved:
December 23, 2005 Status Amendment #12 Effective:
April 1, 2006
Date Amendment #13 Submitted:
September 28, 2005 Date Amendment #13 Disapproved:
December 23, 2005
Date Amendment #14 Submitted:
November 30, 2005 Date Amendment #14 Approved:
June 2, 2006 Date Amendment #14 Effective:
September 1, 2006
Date Amendment #15 Submitted:
December 30, 2005 Date Amendment #15 Approved:
May 10, 2006 Date Amendment #15 Effective:
January 1, 2006
Date Amendment #16 Submitted:
August 1, 2006 Date Amendment #16 Approved:
January 18, 2007 Date Amendment #16 Effective:
August 1, 2006
Date Amendment #17 Submitted:
April 30, 2007 Date Amendment #17 Approved:
September 24, 2007 Date Amendment #17 Effective:
May 1, 2007
Date Amendment #18 Submitted:
June 7, 2007 Date Amendment #18 Approved:
December 28, 2007 Date Amendment #18 Effective:
September 1, 2007
Date Amendment #19 Submitted:
August 13, 2007 Date Amendment #19 Approved:
November 8, 2007 Date Amendment #19 Effective:
September 1, 2007
Date Amendment #20 Submitted:
September 22, 2008 Date Amendment #20 Approved:
October 30, 2008 Date Amendment #20 Effective:
October 1, 2008
Date Amendment #21 Submitted:
October 1, 2008 Date Amendment #21 Approved:
October 30, 2008 Date Amendment #21 Effective:
September 7, 2008
2
(compiled)(factsheet)(page-3)Page 3#
Background • On April 1, 1998, Texas submitted its title XXI Plan (Phase I) that expanded Medicaid eligibility to children between the ages of 15 and 18 in families with incomes below 100 percent of the Federal poverty level (FPL). These children were phased into Medicaid.
• Under that original proposal, Texas provided Medicaid coverage to children up to age 1 in families with incomes up to 185 percent of the FPL, to children ages 1 to 5 in families with incomes up to 133 percent of the FPL, and to children ages 6 to 19 in families with incomes up to 100 percent of the FPL.
• Texas amended its title XXI plan (as discussed below) so that Texas currently operates a separate child health program only. The separate program provides coverage to children from birth through age 18 with incomes up to 200 percent of the FPL.
Amendments
• On June 25, 1999, Texas submitted an amendment to expand health insurance coverage to children through age 18 in families with incomes up to 200 percent of the FPL, who are not eligible for Medicaid, through a separate child health program. This amendment is referred to as Phase II.
• On June 21, 2001, Texas submitted a second amendment to acknowledge that the funding source for the State SCHIP share for State Fiscal Year 2002 and beyond will include appropriated State funds and other public funds certified or transferred from public agencies, consistent with applicable Federal laws and regulations.
• On June 21, 2001, Texas submitted a third amendment to implement an outreach pilot program that furnishes child car safety seats to families when their children re- enroll in SCHIP. The pilot program is limited to the number of families that could be served using a budget of $2,000,000. The bona-fide donations are received from the Rio Grande Valley Safe Communities Coalition and include amounts received from other approved entities. The donations are consistent with sections 1903(w) and 2107(e)(1)(C) of the Social Security Act (the Act).
• On January 24, 2002, Texas submitted a fourth amendment to change the current prescription drug benefit from a limited HMO or modified PPO formulary that is based on the TX Medicaid Program open formulary. (Note: The amendment was withdrawn by the State on August 21, 2002.)
• On February 11, 2002, Texas submitted a fifth amendment to change copayments charged to families at all income levels.
• On July l8, 2002, Texas submitted a sixth amendment to indicate the State’s
3
(compiled)(factsheet)(page-4)Page 4#
• On July 28, 2003, Texas submitted a seventh amendment to revise the form of coverage from benchmark to Secretary-approved coverage as a result of the elimination and reduction of certain benefits. The amendment specifically: reduces mental health and substance abuse benefits; eliminates dental, vision, and hospice benefits; eliminates income disregards so that SCHIP eligibility is based on gross income, implements an assets test for families at or above 150 percent of the FPL, increases co-payment and monthly premiums, reduces the term of coverage from 12 months to 6 months, and establishes a 3-month waiting period between eligibility determination and when the child can begin to receive care.
• On March 8, 2004, Texas submitted an eighth amendment to use a private donation (Houston Endowment) as a source of funding consistent with Sections 1903(w) and 2107(e)(1)(C) of the Social Security Act. The Houston Endowment qualifies as an acceptable source of funding because it does not violate Federal provider-related donation rules. The State will use the private donation from the Houston Endowment to add State-certified Community Health Workers (CHW), also known as Promotoras, to enhance case-management services to hard-to-reach populations.
• On March 8, 2004, Texas submitted a ninth amendment to transition the coverage of car seats from an outreach program under its administrative cap to a Secretary- approved child health assistance benefit. CMS disapproved the amendment; CMS believes that car seats would be more appropriately characterized as a health services initiative funded under the administrative cap rather than as a Secretary- approved benefit.
• On August 26, 2004, Texas submitted a tenth amendment to implement a Primary Care Provider (PCP) model in its CHIP Exclusive Provider Organization delivery system.
• On September 2, 2005, Texas submitted an eleventh amendment to expand the services provided to enrolled families in CHIP including hospice care, skilled nursing facilities, vision, tobacco cessation, and chiropractic services. It also increases behavioral health benefits.
• On September 28, 2005 Texas submitted its twelfth amendment to provide a tiered dental benefit to enrollees. The benefit provides therapeutic and preventative services.
• On September 28, 2005 Texas submitted its thirteenth amendment proposing to
4
(compiled)(factsheet)(page-5)Page 5#
• On November 30, 2005 Texas submitted its fourteenth amendment proposing to expand health care coverage to unborn children with family income at or below 200 percent of Federal poverty level (FPL). Benefits will include prenatal care and associated health care services.
• On December 30, 2005, the State submitted its fifteenth amendment which modifies the cost-sharing requirement for families with incomes above 150 through 200 percent of the FPL. The amendment replaces the monthly premiums with either a $35 or $50 enrollment fee (depending on family income) every 6 months upon initial enrollment and re-enrollment.
• On August 1, 2006, the State submitted its sixteenth amendment which modifies the date upon which enrollees renewing SCHIP coverage would have to pay the enrollment fee. Prior to this amendment, families who were renewing coverage had until the cut-off date of the last month of coverage in the current 6-month coverage period to pay an enrollment fee. Through this amendment, families renewing coverage have until the cut-off date of the first month of the new 6-month coverage period to pay the enrollment fee; essentially giving enrollees an additional month to pay the enrollment fee.
• On April 30, 2007, the State submitted its seventeenth amendment to transition the responsibility for processing State Children’s Health Insurance Program (SCHIP) requests for review from the administrative services contractor to Health and Human Services Commission (HHSC) staff.
• On June 7, 2007, the State submitted its eighteenth amendment to:
• change the income test from gross income to net income (gross income minus child care deductions), • increase the amount of resources a family can own, • increase the duration of eligibility from six to 12 months, • require those in families above 185 percent to verify income eligibility at six months, and • apply the waiting period to those only with other insurance in the past three months.
• On August 13, 2007, the State submitted its nineteenth amendment to amend the dollar amount of dental services enrollees are eligible to receive in a year in the State Children’s Health Insurance Program (SCHIP).
• On September 22, 2008, the State submitted its twentieth amendment to exempt
5
(compiled)(factsheet)(page-6)Page 6#
temporary income from the decennial Census from the eligibility and cost sharing calculations for State Children’s Health Insurance Program (SCHIP) applicants and enrollees.
• On October 1, 2008, the State submitted its twenty-first amendment to allow persons, who were determined eligible for State Children’s Health Insurance Program (SCHIP) renewal in August and had to pay an enrollment fee by the September cut off date, to have until the cut off date in November to pay the fee. As a result of Hurricane Ike, the mail delivery system was disrupted and may have affected either payments that may have been sent or had prevented families from mailing their enrollment fee timely.
Children Covered Under Program
• The State reported that 585,461 children were ever enrolled in SCHIP in FFY 2006.
Administration
• The Texas Health and Human Services Commission is the entity that administers SCHIP.
Health Care Delivery System
• Services for the child health program are delivered through a managed care model and an exclusive provider organization (EPO) model. Under the HMO/EPO model, plans are required to provide the range of children’s health services for a contracted per member per month cost. The areas serviced are organized into CHIP Service Areas (CSAs). The EPO service area includes 170 primarily rural Texas counties.
Benefit Package
• The benefits package is approved as Secretary-approved coverage. The benefit package includes well-baby and well-child services, immunizations, emergency services, inpatient and outpatient care, prescription drugs, diagnostic services, durable medical equipment, and inpatient and outpatient mental health and substance abuse treatment and services.
• The State offers a three-tiered dental benefit. Each tier of benefits includes preventive services up to $250. The limit on the amount of therapeutic services available varies (ranging from $280 to $565) depending upon when an individual re- enrolls in the program at the end of a 12-month enrollment period.
Cost Sharing Monthly premiums and copayments are described below.
6
(compiled)(factsheet)(page-7)Page 7#
Charges Type of Cost Sharing At or below 100% FPL 101- 150% FPL 151- 185% FPL 186 - 200% FPL Monthly Premium (per family per month) $0 $0 $0 $0 Enrollment Fee N/A N/A $35 every 12- month period of eligibility $50 every 12- month period of eligibility Office Visit $3 $5 $7 $10 ER $3 $5 $50 $50 Generic Drug $0 $0 $5 $5 Brand Drug $3 $5 $20 $20 Inpatient Copayment $10 $25 $50 $100 *There may be children with incomes less than 100 percent FPL because of the State's Medicaid assets test.
Crowd-Out Strategy
• Children must be uninsured for at least three months to enroll in the separate child health program unless the child qualifies for an exception to the waiting period. Exceptions include: termination of employment because of a layoff or business closing; change in marital status of a parent of the child; and the family terminated health benefits plan coverage for the child because the cost to the child's family for the coverage exceeded 10 percent of the family's income.
• The 3-month crowd-out period will not apply to eligible unborn children.
Coordination Between SCHIP and Medicaid
• Coordination with Medicaid is achieved through coordinated outreach efforts and a joint children’s application. Applications are sent to a Medicaid eligibility worker for a Medicaid determination and a Medicaid database is also checked to ensure that the child is not already enrolled in Medicaid.
State Outreach Activities
• TexCare Partnership applications are available on-line and in community centers across the State. Texas provides referral services to potentially eligible individuals who make benefit inquiries when telephoning the State's TexCare Partnership
7
(compiled)(factsheet)(page-8)Page 8#
8 Hotline.
• Texas’ outreach strategies have shifted from mass information dissemination to more strategic in nature as the State works with entities in all sectors of the community to broaden and institutionalize the message to include the value of insurance and the importance of renewal and education on appropriate utilization of services.
Financial Information
Total FFY ’09 SCHIP Allotment -- $ 549,619,657 FFY ’09 Enhanced Federal Matching Rate – 71.61%
Date Last Updated: CMS, CMSO, FCHPG, DSCHI, October 03, 2008
(spa)(tx-14-0033-mc2)(approval-package)Texas CHIP SPA TX-14-0033-MC2: Approval Package (approved November 5, 2014, effective January 1, 2014)#
(spa)(tx-14-0033-mc2)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Texas State Plan Amendment (SPA) #: TX-14-0033 This file contains the following documents in the order listed: 1) Approval Letter 3) Approved SPA Pages 4) SPA Summary Form The complete title XXI state plan for Texas consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: XXI state plans and amendments: http://medicaid.gov/chip/state-program-information/chipstate- program-information.html
(spa)(tx-14-0033-mc2)(approval-package)(page-2)Page 2#
DEPARTMENT OF HEALTH & HUMAN SERVICES
Centers for Medicare & Medicaid Services (CMS
7500 Security Boulevard, Mail Stop: $2-01-16 CM 4 Baltimore, Maryland 21244-1850 CENTER FOw MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
4
NOV 05 2014
Ms. Kay Ghahremani
Texas State Medicaid and CHIP Director 11209 Metric Blvd
P.O. Box 85200 H-100
Austin, Texas 78708-5200
Dear Ms. Ghahremani:
1am pleased to inform you that your Children’s Health Insurance Program (CHIP) state plan amendment (SPA) number TX-14-0033, submitted on March 31, 2014, and related to Modified Adjusted Gross Income (MAGI) Eligibility, and has been approved with an effective date of January 1, 2014.
The SPA number TX-14-0033 converts the state’s existing income eligibility standards to MAGI-equivalent standards, by age group, for children covered in its title XXI-funded Medicaid program. A copy of the approved state plan page (CS3) is attached, and should be incorporated into the state’s approved CHIP state plan. This page supersedes the Medicaid expansion Section (4.0) of the current CHIP state plan.
Your title XXI project officer is Ms. Victoria Collins. She is available to answer questions concerning this amendment and other CHIP-related issues. Ms. Collins’ contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: S2-01-16
7500 Security Blvd.
Baltimore, MD 21244-1850
Telephone: (410) 786-2176
Facsimile: (410) 786-5882
E-mail: Victoria.Collins@cms.hhs.gov
(spa)(tx-14-0033-mc2)(approval-package)(page-3)Page 3#
Page 2 — Ms. Kay Ghahremani
Official communications regarding program matters should be sent simultaneously to Ms. Collins and to Mr. Bill Brooks, Associate Regional Administrator (ARA), in our Dallas Office. Mr. Brooks address is:
Mr. Bill Brooks
Centers for Medicare & Medicaid Services
Dallas Regional Office
1301 Young Street Room #714
Dallas, TX 75202
If you have additional questions, please contact Ms. Kelly Whitener, Director, Division of State Coverage Programs at (410) 786-0719. We look forward to continuing to work with you and your staff toward the approval of your remaining MAGI Eligibility SPAs.
Sincerely,
Eliot Fishman Director Enclosures ce:
Mr. Bill Brooks, ARA, CMS Dallas Region
(spa)(tx-14-0033-mc2)(approval-package)(page-4)Page 4#
CHIP Eligibility
OMB Control Number: 0938-1148
State Name: [Texas mm 1/2014
Expiration date: 10/3
Transmittal Numb
42 CFR 457.320(a)(2) and (3)
Income eligibility for children under the Medicaid Expansion is determined in accordance with the following income standards:
There should be no overlaps or gaps for the ages entered.
Age and Household Incomne Ranges
From Age To Age Above (% FPL) Up to & including (% FPL)
19 109 133
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response. including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance
Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850. V.20140415
NOV 05 2014 Effective Date:
CHIP SPA# TX-14-0033 Approval Date: - Page | of |
(spa)(tx-14-0033-mc2)(approval-package)(page-5)Page 5#
logged in as TONIABROWN(CMS CO Staff) read only mode application rev p01 Children's Health Insurance Program Eligibility TX.0888.R00.00 - Jan 01, 2014 Home Logout Finder Save Validate Print Help Control Panel General Information File Management Tribal Input Summary State/Territory name: Texas State Funds: $ Federal Funds: $ Children's Health Insurance Program Eligibility: Summary Page Transmittal Number: Please enter the Transmittal Number (TN) in the format ST- YY-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and 0000 = a four digit number with leading zeros. The dashes must also be entered. TX-14-0033 Type of SPA: MAGI Eligibility & Methods XXI Medicaid Expansion Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility Proposed Effective Date 01/01/2014 (mm/dd/yyyy) Federal Statute/Regulation Citation 42 CFR 457.320(a)(2) and (3) Federal Budget Impact This SPA has a budget impact. Total budget impact: Please attach a revised CHIP budget. Document Please provide a short description of this support document: Page 1 of 2 Children's Health Insurance Program Eligibility: Summary Page 09/16/2016 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01...
(spa)(tx-14-0033-mc2)(approval-package)(page-6)Page 6#
Submitted By: Meghan Young Last Revision Date: Apr 9, 2015 Submit Date: Mar 31, 2014 Document Character Count:0 out of 2000 Uploaded Document Name: Date Uploaded: Subject of Amendment Please provide a brief summary of SPA changes. Character Count:463 out of 2000 Federal law requires that children ages 6 through 18 with household income at or below 133 percent of the Federal Poverty Level (FPL) are eligible for Medicaid. The proposed amendments provide that children whose household income is above 100 percent, up to and including 133 percent of the FPL, will be d t i d li ibl f M di id th th th Child â Signature of State Agency Official FAQs | Site Map | Contact | Medicaid.gov | CMS.gov Page 2 of 2 Children's Health Insurance Program Eligibility: Summary Page 09/16/2016 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01...
(spa)(tx-14-0034-mc3)(approval-package)Texas CHIP SPA TX-14-0034-MC3: Approval Package (approved January 8, 2015, effective January 1, 2014)#
(spa)(tx-14-0034-mc3)(approval-package)(page-1)Page 1#
_____________________________________________________________________________ Table of Contents State/Territory Name: Texas State Plan Amendment (SPA) #: TX-14-0034 This file contains the following documents in the order listed: 1) Approval Letter 3) Approved SPA Pages 4) SPA Summary Form The complete title XXI state plan for Texas consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: XXI state plans and amendments: http://medicaid.gov/chip/state-program-information/chipstate- program-information.html
(spa)(tx-14-0034-mc3)(approval-package)(page-2)Page 2#
DEPARTMENT OF HEALTH & HUMAN SERVICES ee Centers for Medicare & Medicaid Services am
7500 Security Boulevard, Mail Stop S2-26-12 ( c_ RA — Baltimore, Maryland 21244-1850
CENTERS FOR MEDICARE & MEDICAID SERVICES CENTER FOR MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
JAN 0 8 2015
Ms. Kay Ghahremani
State Medicaid/CHIP Director
Health and Human Services Commission Post Office Box 13247
Mail Code H100
Austin, Texas 78711
Dear Ms. Ghahremani:
I am pleased to inform you that the Centers for Medicare & Medicaid Services has approved your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA) number TX-14-0034 submitted on June 26, 2014, with additional information provided on September 30, 2014 and January 7, 2015. This SPA relates to Modified Adjusted Gross Income (MAGD Eligibility and has an effective date of January 1, 2014.
The SPA number TX-14-0034 describes the state’s plan to provide coverage in its separate CHIP, for children subject to Section 2101(f) of the Affordable Care Act, as specified in the state’s submission of CS14: Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards. A copy of the approved CS14 is attached, and should be incorporated within a separate subsection under Section 4.1 of Texas’ approved CHIP state plan.
Your title XXI project officer is Ms. Victoria Collins. She is available to answer questions concerning this amendment and other CHIP-related issues. Ms. Collins’ contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services Mail Stop: S2-01-16
7500 Security Boulevard
Baltimore, MD 21244-1850
Telephone: (410) 786-2176
Facsimile: (410) 786-5882
E-mail: Victoria.Collins@cms.hhs.gov
Official communications regarding program matters should be sent simultaneously to Ms. Collins and to Mr. Bill Brooks, Associate Regional Administrator (ARA) in our Dallas Regional Office. Mr. Brooks’ address is:
(spa)(tx-14-0034-mc3)(approval-package)(page-3)Page 3#
Page 2 - Ms. Kay Ghahremani
Centers for Medicare & Medicaid Services Office of the Regional Administrator
1301 Young Street, Suite 714
Dallas, TX 75202
Congratulations on the approval. We look forward to continuing to work with you and your staff toward the approval of your remaining MAGI Eligibility SPAs. If you have additional questions, please contact Ms. Kelly Whitener, Director, Division of State Coverage Programs, at (410) 786- 0719.
Sincerely, not Fishman Director Enclosure ce:
Mr. Bill Brooks, ARA, CMS Region VI, Dallas
(spa)(tx-14-0034-mc3)(approval-package)(page-4)Page 4#
CHIP Eligibility
OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Section 2101(f) of the ACA and 42 CFR 457.310(d)
[| Children Ineligible for Medicaid as a Result of the Elimination of Income Disregards The CHIP agency provides coverage for this group of children as follows:
The state has received approval from CMS to maintain Medicaid eligibility for children who would otherwise be subject to Section 2101(f) such that no child in the state will be subject to this provision.
The state assures that separate CHIP coverage will be provided for children ineligible for Medicaid due to the elimination of income disregards in accordance with 42 CFR 457.310(d). Coverage for this population will cease when the last child protected from loss of Medicaid coverage as a result of the elimination of income disregards has been afforded 12 months of coverage in a separate CHIP (expected to be no later than April 1, 2016).
ce
Describe the methodology used by the state to identify and enroll children in a separate CHIP who are subject to the protection afforded by Section 2101(f) of the Affordable Care Act:
< The state has demonstrated and CMS has agreed that all children qualifying for section 2101(f) protection will qualify for the state’s existing separate CHIP.
The state will enroll all children in a separate CHIP who lose Medicaid eligibility because of an increase in family income at their first renewal applying MAGI methods.
The state will enroll children in a separate CHIP whose family income falls above the converted MAGI Medicaid FPL but at or below the following percentage of FPL. The state has demonstrated and CMS has agreed that all or almost all the children who would have maintained Medicaid eligibility if former disregards were applied will be within this income range and therefore covered in the separate CHIP.
Cc
(% FPL
The state will enroll children in a separate CHIP who are found to be ineligible for Medicaid based on MAGI but whose family income has not increased since the child’s last determination of Medicaid eligibility or who would have remained eligible for Medicaid (based on the 2013 Medicaid income standard) if the value of their 2013 disregards had been applied to the family income as determined by MAGI methodology.
C Other.
Describe the benefits provided to this population:
C This population will be provided the same benefits as are provided to children in the state’s Medicaid program. @ This population will be provided the same benefits as are provided to children in the state's separate CHIP.
C Other (consistent with Section 2103 of the SSA and 42 CFR 457 Subpart D).
Describe premiums and cost sharing required of this population:
C Cost sharing is the same as for children in the Medicaid program.
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CHIP Eligibility
(© Premiums and cost sharing are the same as for targeted low-income children in the state's separate CHIP.
CQNo premiums, copayments, deductibles, coinsurance or other cost sharing is required.
C) Other premiums and/or cost-sharing requirements (consistent with Section 2103(e) of the SSA and 42 CFR 457 Subpart E).
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB contro! number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
JAN 08 2015 SPA# TX-14-0034
Approval Date: Effective Date: January 1, 2014 Page 2 of 2
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logged in as TONIABROWN(CMS CO Staff) read only mode application rev p01 Children's Health Insurance Program Eligibility TX.0889.R00.00 - Jan 01, 2014 Home Logout Finder Save Validate Print Help Control Panel General Information File Management Tribal Input Summary State/Territory name: Texas State Funds: $ Federal Funds: $ Children's Health Insurance Program Eligibility: Summary Page Transmittal Number: Please enter the Transmittal Number (TN) in the format ST- YY-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and 0000 = a four digit number with leading zeros. The dashes must also be entered. TX-14-0034 Type of SPA: MAGI Eligibility & Methods XXI Medicaid Expansion Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility Proposed Effective Date 01/01/2014 (mm/dd/yyyy) Federal Statute/Regulation Citation Section 2101(f) of the ACA and 42 CFR 457.310(d) Federal Budget Impact This SPA has a budget impact. Total budget impact: Subject of Amendment Please provide a brief summary of SPA changes. Page 1 of 2 Children's Health Insurance Program Eligibility: Summary Page 09/16/2016 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01...
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Submitted By: Ashley Fox Last Revision Date: Mar 31, 2014 Submit Date: Mar 31, 2014 Character Count:425 out of 2000 The purpose of this amendment is to state HHSC will provide coverage under the Children's Health Insurance Program (CHIP) to children determined ineligible for Medicaid due to the elimination of income disregards. The income limits for CHIP exceed the limits for Medicaid. Children who no longer qualify f M di id b th i h h ld i d th i Signature of State Agency Official FAQs | Site Map | Contact | Medicaid.gov | CMS.gov Page 2 of 2 Children's Health Insurance Program Eligibility: Summary Page 09/16/2016 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01...
(spa)(tx-14-0036-mc5)(approval-package)Texas CHIP SPA TX-14-0036-MC5: Approval Package (approved December 23, 2015, effective January 1, 2014)#
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_____________________________________________________________________________
Table of Contents
State/Territory Name: Texas
State Plan Amendment (SPA) #: TX-14-0036
This file contains the following documents in the order listed:
1) Approval Letter 2) Approved SPA Pages 3) SPA Summary Form
The complete title XXI state plan for Texas consists of the most recent state plan posted on Medicaid.gov under CHIP and State Plan Amendments. The link is provided below. The following approved templates are in addition to, or replace sections of the state’s posted current state plan. The attached approval letter(s) explain how these templates fit into that state plan. Link to state title XXI state plans and amendments: XXI state plans and amendments: http://medicaid.gov/chip/state-program-information/chipstate- program-information.html
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DEPARTMENT OF HEALTH & HUMAN SERVICES Te, Centers for Medicare & Medicaid Services ee
7500 Security Boulevard, Mail Stop S2-01-16 ¢ < M Ss Baltimore, MD 21244-1850 .
(CENTERS FOR MEDICARE & MEDICAID SERVICES (CENTER FOR MEDICAID & CHIP SERVICES
Children and Adults Health Programs Group
Mr. Gary Jessee DB State Medicaid and CHIP Director EC 23 2016
Texas Health and Human Services Commission P.O. Box 13247, Mail Code H100 Austin, TX 78711
Dear Mr. Jessee:
I am writing to inform you that the Centers for Medicare & Medicaid Services (CMS) has approved your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA) number TX-14-0036, submitted on March 31, 2014. This SPA relates to Modified Adjusted Gross Income (MAGI) Eligibility. It has an effective date of January 1, 2014.
Texas’ SPA TX-14-0036 is approved to clarify the state’s non-financial eligibility policies on residency, citizenship, social security numbers, substitution of coverage, non-payment of premiums, and continuous eligibility. We are enclosing copies of the approved state plan pages, and these approved pages supersede sections of Texas’ current state plan as detailed below:
New State Plan Page Impact on Current State Plan Section CS17: Non-Financial Eligibility — Residency Section 4.1.5 C818: Non-Financial Eligibility — Citizenship Section 4.1.0; 4.1-LR; 4.1.1-LR CS19: Non-Financial Eligibility — Social Section 4.1.9.1 Security Number CS20: Non-Financial Eligibility — Substitution of | Section 4.4.4 Coverage C821: Non-Financial Eligibility-Non-Payment | Section 8.7 of Premiums C827: General Eligibility - Continuous Section 4.1.8 Eligibility
Your title XXI Project Officer is Ms. Kathleen Connors de Laguna. She is available to answer questions concerning this SPA and other CHIP-related issues. Ms. Connors de Laguna’s contact information is as follows:
Centers for Medicare & Medicaid Services
Center for Medicaid and CHIP Services
Mail Stop: $2-01-16
7500 Security Boulevard
Baltimore, MD 21244-1850
Telephone: (410) 786-2256
Facsimile: (410) 786-5882
E-mail: Kathleen.Connorsdelaguna@cms.hhs.gov
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Page 2 — Mr. Gary Jessee
Official communications regarding program matters should be sent simultaneously to Ms. Connors de Laguna and to Mr. Bill Brooks, Associate Regional Administrator (ARA) in our Dallas Regional Office. Mr. Bill Brooks’ address is:
Centers for Medicare & Medicaid Services Office of the Regional Administrator
1301 Young Street, Suite 714
Dallas, TX 75202
If you have additional questions or concerns, please contact Mr. Manning Pellanda, Director, Division of State Coverage Programs, at (410)7 786-5143. We look forward to continuing our work together on your program.
incerel
Anne Marie Costello Acting Director
Enclosures
ce: Mr. Bill Brooks, ARA, CMS Region VI, Dallas
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OMB Control Number: 0938-1148 Expiration date: 10/31/2014
42 CFR 457.320
Residency
The CHIP Agency provides CHIP to otherwise eligible residents of the state, including residents who are absent from the state under certain conditions.
A child is considered to be a resident of the state under the following conditions:
ia A non-institutionalized child, if capable of indicating intent and who is emancipated or married, if the child is living in the state and:
1. Intends to reside in the state, including without a fixed address, or
2. Has entered the state with a job commitment or seeking employment, whether or not currently employed. [M] A non-institutionalized child not described above and a child who is not a ward of the state:
1. Residing in the state, with or without a fixed address, or
2, The state of residency of the parent or caretaker, in accordance with 42 CFR.435.403(h)(1), with whom the individual resides.
ry An institutionalized child, who is not a ward of the state, if the state is the state of residence of the child's custodial parent or caretaker at the time of placement, or
[i] A child who is a ward of the state regardless of where the child lives, or
rT A child physically located in the state when there is a dispute with one or more states as to the child's actual state of residence.
If the state covers pregnant women, a pregnant woman is considered to be a resident under the following conditions: [A non-institutionalized pregnant woman who is living in the state and: 1. Intends to reside in the state, including without a fixed address, or if incapable of indicating intent, is living in the state, or 2. Entered witha job commitment or seeking employment, whether or not currently employed.
iw An institutionalized pregnant woman placed in an out-of-state-institution, as defined in 42 CFR 435.1010, including foster care homes, by an agency of the state, or
ry An institutionalized pregnant woman residing in an in-state-institution, as defined in 42 CFR 435.1010, whether or not the individual established residency in the state prior to entering the institution, or
mw A pregnant woman physically located in the state when there is a dispute with one or more states as to the pregnant woman's actual state of residence.
The state has in place related to the residency of children and pregnant women (if covered by the state):
DEC 2 3 2015
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TEMS Es CHIP Eligibility
4
One or more interstate agreement(s). fo | “1
A policy related to individuals in the state only for educational purposes. No
Di e Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete ~ this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
DEC 2 3 2015
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3 OMB Control Number: 0938-1148 Expiration date: 10/31/2014
Sections 2105(c)(9) and 2107(e)(1)(J) of the SSA and 42 CFR 457.320(b)(6), (c) and (d)
Citizenship
The CHIP Agency provides CHIP eligibility to otherwise eligible citizens and nationals of the United States and certain non-citizens, including the time period during which they are provided with reasonable opportunity to submit verification of their citizenship, national status or satisfactory immigration status. :
[i] The CHIP Agency provides eligibility under the Plan to otherwise eligible individuals:
Who are citizens or nationals of the United States; or
Who are qualified non-citizens as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation
Act (PRWORA) (8 U.S.C. §1641), or whose eligibility is required by section 402(b) of PRWORA (8 U.S.C. §1612(b)) and is not prohibited by section 403 of PRWORA (8 U.S.C. §1613); or
Who have declared themselves to be citizens or nationals of the United States, or an individual having satisfactory immigration status, during a reasonable opportunity period pending verification of their citizenship, nationality, or satisfactory immigration status consistent with requirements of 1903(x), 1137(d), and 1902(ee) of the Act, and 42 CFR 435.406, 407, 956 and 457.380.
The reasonable opportunity period begins on and extends 90 days from the date the notice of reasonable opportunity is received by the individual.
The agency provides for an extension of the reasonable opportunity period if the individual is making a good faith effort
to resolve any inconsistencies or obtain any necessary documentation, or the agency needs more time to complete the INo verification process,
The agency begins to furnish benefits to otherwise eligible individuals during the reasonable opportunity period on a date Yes earlier than the date the notice is received by the individual. ,
The date benefits are furnished is: @ The date of application containing the declaration of citizenship or immigration status. C The date the reasonable opportunity notice is sent.
C. Other date, as described:
The CHIP Agency elects the option to provide CHIP coverage to otherwise eligible children up to age 19, lawfully residing Yes in the United States,‘as provided in Section 2107(e)(1)(J) of the SSA (Section 214 of CHIPRA 2009, P.L. 111-3).
Otherwise eligible children means children meeting the eligibility requirements of targeted low-income children with the exception of non-citizen status.
The CHIP Agency provides assurance that lawfully residing children are also covered under the state's Medicaid program.
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SPA# TX-14-0036
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a CHIP Eligibility
* 2:
The CHIP Agency elects the ‘option to provide CHIP coverage to otherwise eligible pregnant women, lawfully residing in the United States, as provided in Section 214 of CHIPRA 2009, P.L. 111-3. The state may not select this option unless the state also elects to cover lawfully residing children. A state may not select this option unless the state also covers Targeted Low- Income Pregnant Women.
(No
rl An individual is considered to be lawfully residing in the United States if he or she is lawfully present and meets state residency requirements.
[Wj An individual is considered to be lawfully present in the United States if he or she is: 1. A qualified non-citizen as defined in 8 U.S.C. 1641(b) and (c);
2. A non-citizen in a valid nonimmigrant status, as defined in 8 U.S.C. 1101(a)(15) or otherwise under the immigration laws (as defined in 8 U.S.C. 1101(a)(17));
3. A non-citizen who has been paroled into the United States in accordance with 8 U.S.C.1182(d)(5) for less than 1 year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings;
4. A non-citizen who belongs to one of the following classes: (i) Granted temporary resident status in accordance with 8 U.S.C.1160 or 1255a, respectively;
(ii) Granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. §1254a, and individuals with pending applications for TPS who have been granted employment authorization;
(iii) Granted employment authorization under 8 CFR 274a.12(c);
(iv) Family Unity beneficiaries in accordance with section 301 of Pub. L. 101-649, as amended;
(v) Under Deferred Enforced Departure (DED) in accordance with a decision made by the President; (vi) Granted Deferred Action status;
(vii) Granted an administrative stay of removal under 8 CFR 241;
(viii) Beneficiary of approved visa petition who has a pending application for adjustment of status;
5. Is an individual with a pending application for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C.1231,or under the Convention Against Torture, who:
(i) Has been granted employment authorization; or
(ii) Is under the age of 14 and has had an application pending for at least 180 days; 6. Has been granted withholding of removal under the Convention Against Torture; 7. Is a child who has a pending application for Special Immigrant Juvenile status as described in 8 U.S.C.1101(a)(27)(); 8. Is lawfully present in American Samoa under the immigration laws of American Samoa; or
9. Is a victim of severe trafficking in persons, in accordance with the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386, as amended (22 U.S.C. 7105(b)).
DEC 2 3 2015
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CHIP Eligibility
4
10. Exception: An individual with deferred action under the Department of Homeland Security's deferred action for the childhood arrivals process, as described in the Secretary of Homeland Security's June 15, 2012 memorandum, shall not be considered to be lawfully present with respect to any of the above categories in paragraphs (1) through (9) of this definition.
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850. .
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x OMB Control Number: 0938-1148 “1 : Expiration date:.10/31/2014
42 CFR 457.340(b)
Social Security Number As a condition of eligibility, the CHIP Agency must require individuals who have a social security number or are eligible for one as
determined by the Social Security Administration, to furnish their social security number, or numbers if they have more than one number,
w The CHIP Agency requires individuals, as a condition of eligibility, to furnish their social security number(s), with the following exceptions:
Individuals refusing to obtain a social security number (SSN) because of well established religious objections, or Individuals who are not eligible for an SSN, or Individuals who are issued an SSN only for a valid non-work purpose.
rl The CHIP Agency assists individuals, who are required to provide their SSN, to apply for or obtain an SSN from the Social Security Administration if the individual does not have or forgot their SSN.
[mM] The CHIP Agency informs individuals required to provide their SSN: By what statutory authority the number is solicited; and
How the state will use the SSN.
The CHIP Agency provides assurance that it will verify each SSN furnished by an applicant or beneficiary with the Social Security Administration, not deny or delay services to an otherwise eligible applicant pending issuance or verification of the individual's SSN by the Social Security Administration and that the state's utilization of the SSNs is consistent with sections 205
and 1137 of the Social Security Act and the Privacy Act of 1974.
The state may request non-applicant household members to voluntarily provide their SSN, if the state meets the requirements below.
The state requests non-applicant household members to voluntarily provide their Ves SSN.
When requesting an SSN for non-applicant household members, the state assures that:
iw At the time such SSN is requested, the state informs the non-applicant that this information is voluntary and provides information regarding how the SSN will be used; and
iw The state only uses the SSN for determination of eligibility for CHIP or other insurance affordability programs, or for a purpose directly connected with the administration of the state plan.
PRA Disclosure Statement
DEC 2 3 2015
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CHIP Eligibility
*
™
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850. :
SPA# TX-14-0036 Approval Date: __DEC 23 2015 Effective Date: Page 2 * 23" 4
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’
State Name:|Texas °
| OMB Control Number: 0938-1148
Transmittal Number: TX - 14 - 0036
me si
Expiration date: 10/31/2014
Section 2102(b)(3)(C) of the SSA and 42 CFR 457.340(d)(3), 457.350(i), and 457.805
Substitution of Coverage
The CHIP Agency provides assurance that it has methods and policies in place to prevent the substitution of group health coverage or other commercial health insurance with public funded coverage. These policies include:
[@ Substitution of coverage prevention strategy:
Name of policy Description
Waiting Period
The CHIP eligibility date begins 90 days after the last month in which the applicant was covered by a third party health benefits plan. The x waiting period does not apply to the CHIP Perinatal program.
C One month C Two months @ 90 days C Other
insurance plan.
A waiting period during which an individual is ineligible due to having dropped group health coverage. [Yes
How long is the waiting period?
[i] The state allows exemptions from the waiting period for the following reasons:
ry] The premium paid by the family for coverage of the child under the group health plan exceeded 5 percent of household income. .
The child’s parent is determined eligible for advance payment of the premium tax credit for enrollment in a QHP [ll] through the Marketplace because the ESI in which the family was enrolled is determined unaffordable in accordance with 26 CFR 1.36B-2(c)(3)(v). [Ml] The cost of family coverage that includes the child exceeded 9.5 percent of the household income. im The employer stopped offering coverage of dependents (or any coverage) under an employer-sponsored health
im A change in employment, including involuntary separation, resulted in the child’s loss of employer-sponsored insurance (other than through full payment of the premium by the parent under COBRA).
[ll The child has special health care needs.
[li] The child Jost coverage due to the death or divorce of a parent.
Does the state allow other exemptions in addition to those listed above? |Yes
SPA# TX-14-0036
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a
CHIP Eligibility
“ Describe
Termination of continuation coverage under COBRA where the termination is based upon the expiration of the period of coverage (usually 18 months).
Unborn children enrolled in the CHIP Perinatal Program are exempt from the waiting period.
The Health and Human Services Commission (HHSC) determines that good cause exists based on information provided by the applicant or information otherwise obtained by HHSC.
The child is no longer covered by the Texas Employee Retirement System.
The child loses CHIP eligibility from another state.
The child loses Medicaid eligibility. x
im Describe the processes the state employs to facilitate enrollment of CHIP-eligible children who have satisfied the waiting period. .
The enrollment process, as outlined in Template CS24, Separate Child Health Insurance Program General Eligibility — Eligibility Processing, is the same regardless of whether a child is subject to the 90-day waiting period. If the child is subject to a waiting period, his or her eligibility begins upon completion of the 90-day waiting period.
Describe the processes the state employs to coordinate coverage of children subject to a waiting period with other [i] insurance affordability programs, including safeguards to prevent gaps in coverage for children transitioning from another insurance affordability program to CHIP after satisfying the waiting period.
If a client is determined eligible for CHIP and is subject to the 90-day waiting period, the State transfers that individual’s account information, including the CHIP eligibility effective date, to the federal Marketplace to be assessed for eligibility for other health care coverage programs. The transfer of the client's account information to the federal Marketplace allows the individual to access coverage during the 90-day waiting period and avoid sanctions for failing to acquire health coverage.
The state provides assurance that:
It does not require a new application or the submission of information already provided by the family immediately preceding the waiting period for the purpose of enrolling CHIP-eligible children who have satisfied a waiting period.
For children subject to the waiting period, it will promptly transfer each individual’s electronic account to the applicable insurance affordability program and notify such program of the date on which the waiting period ends for each individual. If the state covers pregnant women, the waiting period does not apply to pregnant women.
If the state elects to offer dental only supplemental coverage, the following assurances apply:
oO The other coverage exclusion does not apply to children who are otherwise eligible for dental only supplemental coverage as provided in section 2110(b)(5) of the SSA.
(0 The waiting period does not apply to children eligible for dental only supplemental coverage.
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CHIP Eligibility
PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of
the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
V.20140415
SPA# TX-14-0036 Approval Date: DEC 2 3 2015 Effective Date: January 1, 2014
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State Name: [Texas - OMB Control Number: 0938-1148
Transmittal Number: TX - 14 - 6036 Expiration date: 10/31/2014
42 CFR 457.570
Non-Payment of Premiums
Does the state impose premiums or enrollment fees? Yes Can non-payment of premiums or enrollment fees result in loss of CHIP eligibility? . Yes Does the state have a premium lock out period? INo
The state assures that it provides enrollees with an opportunity for an impartial review to address disenrollment from the program in accordance with section 457.1130(a)(3).
PRA Disclosure Statement According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance
Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850. V.20140415
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State Name:|Texas * OMB Control Number: 0938-1148 Transmittal Number: TX - 14 - 0036 Expiration date: 10/31/2014
2105(a)(4)(A) of the SSA and 42 CFR 457.342 and 435.926
‘The CHIP Agency may provide that children who have been determined eligible under the state plan shall remain eligible, regardless of any changes in the family’s circumstances, during a continuous eligibility period up to 12 months, or until the time the child reaches an age specified by the state (not to exceed age 19), whichever is earlier.
The CHIP Agency elects to provide continuous eligibility to children under this provision. |Yes
@ For children up to age 19
C'For children up to age
The continuous eligibility period begins on the effective date of the child's most recent determination or redetermination of eligibility, and ends:
[M] Atthe end ofthe }12 | months continuous eligibility period.
Exceptions to the continuous eligibility period: [ll The child attains the age specified by the state Agency or age 19. [Hf The child or child's representative requests voluntary disenrollment. [M The child is no longer a resident of the state.
im The Agency determines that eligibility was erroneously granted at the most recent determination or renewal of eligibility because of Agency error or fraud, abuse, or perjury attributed to child or child's representative.
[Ml The child dies. [i There is a failure to pay required premiums or enrollment fees on behalf of a child, as provided for in the state plan.
Other
Describe
There is a change in insurance status.
The child is certified for Medicaid.
Self-disclosure of the child's non-lawful permanent resident, non-qualified alien or non-U.S. citizen status.
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CHIP Eligibility
A child in CHIP with income at or above 185 percent of the FPL receives a six-month continuous eligibility period. At the end of the six-month continuous eligibility period, the state verifies income. Children may remain on CHIP for a total of 12 months unless there is an indication of a change in income at the six-month point that would make the child ineligible for CHIP.
PRA Disclosure Statement
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-1148. The time required to complete this information collection is estimated to average 50 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, 7500 Security Boulevard, Attn: PRA Reports Clearance Officer, Mail Stop C4-26-05, Baltimore, Maryland 21244-1850.
V.20140415
SPA# TX-14-0036 Approval Date: DEC 2 3 2015 Effective Date: January 1, 2014
Page 2 of 2
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logged in as TONIABROWN(CMS CO Staff) read only mode application rev p01 Children's Health Insurance Program Eligibility TX.0890.R00.00 - Jan 01, 2014 Home Logout Finder Save Validate Print Help Control Panel General Information File Management Tribal Input Summary State/Territory name: Texas State Funds: $ Federal Funds: $ Children's Health Insurance Program Eligibility: Summary Page Transmittal Number: Please enter the Transmittal Number (TN) in the format ST- YY-0000 where ST= the state abbreviation, YY = the last two digits of the submission year, and 0000 = a four digit number with leading zeros. The dashes must also be entered. TX-14-0036 Type of SPA: MAGI Eligibility & Methods XXI Medicaid Expansion Establish 2101(f) Group Eligibility Processing Non-Financial Eligibility Proposed Effective Date 01/01/2014 (mm/dd/yyyy) Federal Statute/Regulation Citation Federal Budget Impact This SPA has a budget impact. Total budget impact: Subject of Amendment Please provide a brief summary of SPA changes. Page 1 of 2 Children's Health Insurance Program Eligibility: Summary Page 09/16/2016 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01...
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Submitted By: Meghan Young Last Revision Date: Dec 21, 2015 Submit Date: Mar 31, 2014 Character Count:241 out of 2000 The purpose of this amendment is to provide non-financial eligibility requirements for the Childrenâ s Health Insurance Program (CHIP), including policy relating to residency, citizenship, social security number, and continuous eligibility. Signature of State Agency Official FAQs | Site Map | Contact | Medicaid.gov | CMS.gov Page 2 of 2 Children's Health Insurance Program Eligibility: Summary Page 09/16/2016 https://wms-mmdl.cdsvdc.com/MMDL/faces/protected/chp/p01...
(spa)(tx-17-0043)(approval-package)Texas CHIP SPA TX-17-0043: Approval Package (approved August 31, 2017, effective August 2, 2017)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: Texas State Plan Amendments (SPA) #: TX-17-0043 This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan
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DEPARTMENTOF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop 52-01-16 Baltinrore, MD 21244-1,850 crvrs CENITRs FOR MEDICAN€ & À{€DICAID SERVICES CENIER FOR MED¡CAID & CHIP SERV¡CES AU0 3 1 201? Jami Snyder State Medicaid/CHIP Director Health and Human Services Commission P.O. Box 13247 Mail Code Hl00 Austin, TX 78711 Dear Ms. Snyder: In light of the many challenges facing the State of Texas in the wake of Hurricane Haley, the Centers for Medicare & Medicaid Services (CMS) is pleased to provide immediate approval of your title XXI Children's Health Inswance Program (CHIP) state plan amendment (SPA) number TX-17-0043, submitted on August 31,2017. This SPA provides temporary adjustments to the state's enrollment and redetermination policies, and cost-sharing requirements for children in families impacted by disaster events. CMS understands that this event has disrupted the lives of millions of Texans and appreciates the state's efforts to ensure that families enrolled in CHIP do not experience an interruption in their health coverage. Through this SPA, the state can provide families with additional time to complete the renewal process, and has the flexibility to waive enrollment fees and co-payments for children in families living in Federal Emergency Management Agency (FEMA) declared disaster counties. This amendment, as it applies to the August 2017 hurricane, has a retroactive effective date of August 25, 2017, and a duration through November 30,2017. Specifically, the state will be able to take the following actions for enrollees in FEMA declared disaster counties: o Provide enrollees eligibility, allowing them to receive services beyond their certification period and provide additional time to submit a renewal or verification. o Waive certain verification requirements at application and renewal. The state may allow self-attestation to complete the eligibility determination, consistent with the regulations. o Waive co-payments through November 30,2017. o Waive enrollment fees for families approved for coverage or renewal in August, September, October and November 2077. In the event of a future natural disaster, this SPA provides Texas with the authority to implement the aforementioned temporary policy adjustments by simply notifying CMS of its intent, the effective date and duration of the provision, and a list of the FEMA or Governor declared disaster areas that are applicable. While the state must provide notice to CMS, this option
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Page2 -Ms. Jami Snyder provides an administratively streamlined pathway for the state to effetively respond to this evolving event. Your title XXI project officer is Ms. Janice Adams. She is available to answer questions conceming this amendment and other CHlP-related issues. Ms. Adams' contact information is as follows: Centers for Medicare & Medicaid Services Division of Medicaid and Children's Health Operations Mail Stop: RX-200 701 Fifth Avenue, Suite 1600 Seattle, WA 98104 Telephone: (206) 615-2541 Facsimile: (443) 380-61 l8 E-mail: Janice.Adams@cms.hhs.gov Official communications regarding program matters should be sent simultaneously to Ms. Adams and to Mr. Bill Brooks, Associate Regional Administrator (ARA) in our Dallas Regional Office. Mr. Brooks' address is: Centers for Medicare &Medicaid Services Division of Medicaid and Children's Health Operations 1301 Young Street, Suite 714 Dallas, TX 75202 If you have additional questions, please contact Ms. Amy Luøky, Director, Division of State Coverage Programs, at (410) 786-0721. V/e look forward to continuing to work with you and your staffon your program and stand ready to assist the state in any capacþ to further the recovery efforts. Sincerely, BrianNeale Director cc Mr. Bill Brooks, ARA, CMS Region VI, Dallas / Brian Neale /
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Model Application Template for the State Children’s Health Insurance Program 1 Effective Date: March 1, 2012 Approval Date: August 5, 2011
MODEL APPLICATION TEMPLATE FOR OMB #: 0938-0707 Exp. Date: STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
Preamble
Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (CHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment.
This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements, as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI.
The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments.
Form CMS-R-211 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 2 Effective Date: March 1, 2012 Approval Date: August 5, 2011
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory: Texas
(Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR, 457.40(b))
Thomas M. Suehs
(Signature of Governor, or designee, of State/Territory, Date Signed)
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)): Name: Billy R. Millwee Position/Title: State Medicaid and CHIP Director
Name: Greta Rymal Position/Title: Deputy Executive Commissioner of Financial Services Name: Position/Title:
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14- 26, Baltimore, Maryland 21244. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 3 Effective Date: March 1, 2012 Approval Date: August 5, 2011
Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101)
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70):
1.1.1. Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR
1.1.2. Providing expanded benefits under the state’s Medicaid plan (Title XIX); OR
1.1.3. A combination of both of the above.*
* Phase I children (Medicaid “Phase-In” children) covered under the original Texas CHIP state plan have been completely phased in to Medicaid as an eligibility group. However, the state would reserve the right to continue to claim FMAP for any outstanding and unpaid Medicaid claims for that group for dates of service prior to their conversion to a regular Medicaid FMAP group.
1.2 Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130)
1.4 Please provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this plan or plan amendment (42 CFR 457.65):
Effective dates: See below.*
Implementation date: May 1, 2000 (CHIP Phase II)
* The Compliance SPA amendment, approved May 5, 2003, reformatted Texas’ previous CHIP state plan covering Phase I and Phase II children. In general, the effective date(s) are the same as the original CMS-approved effective dates for Phase I (Medicaid coverage for phase-in children) and Phase II (separate, state-designed CHIP Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 4 Effective Date: March 1, 2012 Approval Date: August 5, 2011
coverage up to 200 percent FPL).
Subsequent amendments to the original CHIP state plan (related to the Phase II program) were incorporated into the new state plan template, and are effective per their CMS-approved effective dates. The amendments to date are listed below:
CHIP Method of Finance Change – Approved December 13, 2001, Effective September 1, 2001.
CHIP Cost-sharing Changes- Approved May 1, 2002, Effective March 1, 2002.
CHIP Car Seat Initiative- Approved November 25, 2002, Effective June 15, 2002.
CHIP Community Health Worker Initiative – Approved May 5, 2003, Effective May 5, 2003.
CHIP Program Changes related to actions of the 78th Texas Legislature – Approved July 25, 2003, Effective September 1, 2003.
CHIP Program Changes related to Community Health Worker Initiative – Approved November 18, 2004, Effective August 1, 2004.
CHIP Restoration of Medical Benefits – Approved May 26, 2006, Effective September 1, 2005.
CHIP Cost-sharing Changes – Approved May 10, 2006, Effective January 1, 2006.
CHIP Restoration of Dental Benefits – Approved December 23, 2005, Effective April 1, 2006.
CHIP Program changes related to the time period for payment of cost- sharing obligations – Approved January 18, 2007, Effective August 1, 2006.
CHIP Program changes related to the CHIP Perinatal Program – Approved June 2, 2006, Effective September 1, 2006.
CHIP Program changes related to Applicant and Enrollee Protections – Approved September 24, 2007, Effective May 1, 2007.
CHIP Program changes related to HB 109, 80th Legislature, Regular Session, 2007 – Approved December 28, 2007, Effective September 1, 2007.
CHIP Program changes related dental benefits – Approved November 8, 2007, Effective September 1, 2007.
CHIP extension for enrollment fee payments for Hurricane Ike – Approved October 30, 2008, Effective September 7, 2008.
CHIP income exemption for temporary census employees – Approved October 30, 2008, Effective October 1, 2008.
CHIP Program changes applying payment requirements consistent with the Medicaid prospective payment system for federally qualified health centers and rural health clinics, Approved October 25, 2010, Effective October 1, 2009.
CHIP eligibility expansion for qualified aliens under age 19, Approved February 11, 2011, Effective May 1, 2010. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 5 Effective Date: March 1, 2012 Approval Date: August 5, 2011
CHIP Program change related to hospice care, Approved October 25, 2010, Effective August 1, 2010.
CHIP Perinatal Program changes allow eligible unborn children to receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid, Approved October 25, 2010, Effective September 1, 2010.
CHIP method of finance change to provide federal matching funds for public school employee children, Approved February 11, 2011, Effective September 1, 2010.
CHIP changes for behavioral health benefits and cost-sharing, Approved October 25, 2010, Effective March 1, 2011.
CHIP change to provide federal matching funds for public employee children, Approved July 27, 2011, Effective September 1, 2011.
CHIP Program change related to the dental program and cost-sharing, Approved August 5, 2011, Effective March 1, 2012. Provisions for implementing temporary adjustments to eligibility and enrollment policies for application and redetermination, and cost- sharing requirements for children in families living in in Federal Emergency Management Agency (FEMA) or Governor declared disaster areas at the time of the disaster event: In the event of a disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies for application and redetermination policies and cost-sharing requirements, the effective dates of such adjustments, and the counties/areas impacted by the disaster, Approved , Effective August 25, 2017.
Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 6 Effective Date: March 1, 2012 Approval Date: August 5, 2011
Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)-(B))
2.1. Describe the extent to which, and manner in which, children in the state including targeted low-income children and other classes of children, by income level and other relevant factors, such as race and ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, make a distinction between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (42 CFR 457.80(a))
The Texas State Data Center projects that in 2007 the population of children under age 19 in Texas will reach 6,731,000. The projected race/ethnic distribution is as follows: 2,613,000 (38.8 percent) Anglo; 822,000 (12.2 percent) African American; 3,054,000 (45.4 percent) Hispanic; and 242,000 (3.6 percent) for all other groups.
The March 2006 Current Population Survey (CPS) is the source for the most recent official estimates for poverty and health insurance coverage in Texas. The estimates are for calendar year 2005. The survey indicates that in 2005 about 3.7 million (16.2 percent) of Texans had incomes below the federal poverty level (FPL). That total includes approximately 1.5 million children under age 19. The survey also indicates that in 2005 nearly 3.2 million (47.7 percent) of the 6.7 million children under age 19 were in families with incomes at or below 200 percent of FPL. For 2005, the health insurance coverage status of Texas children under age 19 is estimated as follows*:
Health Insurance Coverage in 2005: Texas Children Under Age 19 Insurance Type Number of Children Percent of Children Medicaid/CHIP/Medicare 1,913,000 28.42% Private 3,524,000 52.35% Uninsured 1,294,000 19.22% Total 6,731,000 100%
Medicaid is the public health insurance program generally available in Texas. There are several public-private partnerships in the State (see 2.2.2 below).
For 2005, the estimated number of uninsured Texas children under age 19 according to age group is as follows*: Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 7 Effective Date: March 1, 2012 Approval Date: August 5, 2011
Uninsured Texas Children in 2005 by Age Group Age Group Number of Children Number of Uninsured Children Percent of Children Uninsured 0 – 5 2,206,000 411,000 18.63% 6 – 14 3,131,000 556,000 17.76% 15 – 18 1,394,000 327,000 23.46% 0 – 18 6,731,000 1,294,000 19.22%
For 2005, the estimated distribution of uninsured children under age 19 according to percent of poverty income category is as follows*:
Uninsured Texas Children Under 19 in 2005 by Percent of Poverty Income Category Percent of Poverty Category Number of Uninsured Children Percent of Children Uninsured 0 – 100% 382,000 29.52% 101 – 150% 282,000 21.79% 151 – 200% 235,000 18.16% Above 200% 395,000 30.53% Total 1,294,000 100%
For 2005, the estimated distribution of uninsured children according to age group and percent of poverty income category is as follows*:
Uninsured Texas Children in 2005 by Age and Percent of Poverty Income Category Age Category 0 – 100% 101 – 150% 151 – 200% Above 200% Total 0 – 5 134,000 69,000 64,000 144,000 411,000 6 – 14 163,000 133,000 106,000 154,000 556,000 15 – 18 85,000 80,000 66,000 97,000 327,000 0 – 18 382,000 282,000 235,000 395,000 1,294,000
* The sums across some categories may not add up exactly to the total due to rounding. The Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 8 Effective Date: March 1, 2012 Approval Date: August 5, 2011
poverty and health insurance estimates apply to the segment of the population for whom poverty income status was determined. Poverty income status was determined based on the reported annual household/family income.
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
The Texas Health and Human Services Commission (HHSC), which has oversight responsibilities for the four other health and human services agencies, is responsible for the administration of certain programs, including the Texas Medicaid program and CHIP. Children are identified and enrolled in Medicaid or CHIP through a variety of mechanisms.
Enrollment Medicaid applications are processed in local eligibility offices, hospitals, clinics throughout the State, and by the administrative services contractor. Families may access the application online or by calling a toll-free number to request that an application be mailed to them. They may then submit the completed application and supporting documentation by mail or by fax. Alternatively, families may apply by phone or in person or by mail. HHSC processes all applications when families apply for children’s Medicaid and other related programs, such as Medicaid for adults, Temporary Assistance for Needy Families (TANF), etc. The administrative services contractor processes all Children’s Medicaid applications when the application is only for Children’s Medicaid and/or CHIP. The administrative services contractor collects all required verification and then electronically transmits the application and required verification to a centralized State office where an HHSC employee makes the final eligibility determination for Children’s Medicaid.
Identification HHSC identifies children who are eligible to participate in Medicaid or CHIP through the following resources:
Out-stationed Eligibility Staff - HHSC outstations eligibility workers in clinics and hospitals. This staff perform eligibility functions as well as screening functions for potential Medicaid and CHIP eligibles. There are approximately 300 eligibility workers out-stationed in 190 facilities. The number of out-stationed eligibility staff in a facility is a function of the volume of eligibility determinations made at the facility. In some cases, disproportionate share hospitals (DSH) and Federally Qualified Health Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program Effective Date: March 1, 2012 Approval Date: August 5, 2011
Centers (FQHCs) fund the state share of salary and benefits costs associated with staff above and beyond those required by federal law. Facilities that are not DSH hospitals or FQHCs can contract with HHSC for eligibility specialists and appropriate support staff to be placed in the facility. Under these contracts, the facilities also reimburse HHSC for the state share of the employee's salary and benefits.
HHSC Office of the Ombudsman Texas Works Hotline (1-800-252-9330) - The Hotline primarily handles complaints concerning Food Stamps, Medicaid or temporary cash assistance (TANF). However, when a client calls and relays information about potential eligibility, or inquires about programs for which they may be eligible, the client is referred to the correct local office or, if appropriate, to a designated regional contact.
HHSC Office of the Ombudsman (1-877-787-8999) - Clients and potential clients who call HHSC State Office are referred to the Office of the Ombudsman. Some of these calls may be from potential clients asking for instructions/assistance in applying for benefits. Callers are referred to local HHSC offices as appropriate.
Texas Medicaid Healthcare Partnership (TMHP) Client Hotline (1-800-335- 8957 and 1-800-252-8263) - The hotline handles Medicaid client issues pertaining to the status of Medically Needy cases, billing questions, and Medicaid program benefits, as well as contact information for the Medical Transportation Program, Texas Health Steps (Texas’ EPSDT program) services, and for HIPAA privacy violations.
Blue Pages Listings - Current information for local HHSC offices is contained in local telephone directories in the government blue pages section. This information is broken down by program and is updated as needed.
Worldwide Web Sites - HHSC maintains an agency home page that contains information about what types of benefits are available throughout the agency and also contains links to home pages for each of the HHSC regions. The regional home pages contain listings of local offices and the services available at each of the local offices.
Food Stamps – Individuals applying for food stamps are tested for eligibility for Medicaid during the same interview.
Temporary Assistance to Needy Families (TANF) - Individuals eligible for TANF are made Medicaid eligible by virtue of their certification for TANF. Those who apply and are determined ineligible for TANF are tested to determine their eligibility for Medicaid under other eligibility categories.
Newborns of Medicaid Eligible Mothers - Enrollment in Medicaid is
9 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 10 Effective Date: March 1, 2012 Approval Date: August 5, 2011
automatic for the majority of newborns of Medicaid-eligible mothers. When the medical facility notifies an HHSC centralized unit about the birth of the child to a Medicaid-eligible mother, the HHSC unit establishes eligibility for the child. An automated system then notifies the child’s mother, designated providers, and the mother’s caseworker about the child’s eligibility. These newborn children are also included in the Texas Health Steps outreach (see below).
Title V - In the Texas Title V Children with Special Health Care Needs (CSHCN) program, most clients are required to apply to Medicaid or CHIP before they receive full CSHCN eligibility. Some are enrolled in Medicaid as a result. Those who reach a certain expenditure level for CSHCN services are required to apply again to Medicaid, with the emphasis on eligibility for the Medicaid Medically Needy Program, the spend down program under Title XIX.
The regional Title V CSHCN social work and eligibility staff and the CSHCN case management contractors help families with CSHCN to obtain Medicaid eligibility when appropriate.
In Title V Maternal/Child Health (MCH) contracts across the State, children who, after eligibility screening, appear to be eligible for Medicaid, are required to apply for Medicaid in order to continue to receive MCH services in the contractors’ clinics. The contractors include many local health departments as well as hospital districts and other providers. An automated screening tool, the State of Texas Assistance and Referral System (STARS), is used by many of these providers to screen for possible eligibility for Medicaid, CSHCN, and other programs. The client must then go on to actual Medicaid eligibility determination if the STARS screen indicates they may be Medicaid eligible.
Supplemental Security Income (SSI) - SSI eligible persons are automatically enrolled in Medicaid in Texas. The Texas Rehabilitation Commission Disability Determination Divisions make disability determinations for SSI.
Foster Care - For children who are removed from their households by court order through the Texas Department of Family and Protective Services
(DFPS), Medicaid is provided through foster care if the child was eligible for Medicaid prior to being removed from the household or if the child is determined to be Medicaid eligible by DFPS standards. Medicaid is also provided, under TANF limits, to children under 18 placed by a district court in the managing conservatorship of DFPS as a result of findings of abuse or neglect by DFPS.
Child Support - The Child Support Enforcement Office of the Attorney Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 11 Effective Date: March 1, 2012 Approval Date: August 5, 2011
General seeks out the non-custodial parent for financial and/or medical support to supplement and/or replace state liability. This office also processes through the Third Party Reimbursement (TPR) system to seek premium reimbursement for cases where medical coverage is provided.
Local Mental Health Authorities (LMHAs) - Under the authority of the Department of State Health Services (DSHS), LMHAs are required to do outreach to identify clients with serious mental illness and mental retardation. The LMHAs vary in the amount and types of outreach conducted. Outreach activities may include: public announcements; distribution of brochures in targeted areas, such as doctors' offices, schools, and juvenile courts; public forums; or public festivals.
At intake, information, which may indicate Medicaid eligibility, is gathered by the LMHA. Individuals who appear to be Medicaid eligible are then referred for Medicaid eligibility determination. If the individual needs assistance with this referral, the LMHA will assist.
LMHAs may have out-stationed HHSC Medicaid eligibility workers on staff that do the Medicaid eligibility determinations on site.
Texas Health Steps (THSteps) - THSteps outreach efforts are aimed at encouraging the use of services (program participation) by enrolled THSteps clients. Texas Health Steps communicates with Medicaid-eligible families on the state level as well as on the regional and local level through a statewide system of DSHS staff and contractors using the following tools:
over 435,000 informing letters per month;
a variety of brochures and other handouts in English and Spanish for recipient and provider use;
home visits, telephone calls, outreach at places where clients may be found, and efforts targeting specific groups such as migrant workers and newly enrolled Medicaid recipients;
a single statewide toll-free number (1-877-THSTEPS) that is routed to the appropriate regional outreach location.
regional provider newsletters which help to keep Health Steps providers informed of developments in the program;
regional provider relations staff who help recruit and maintain Health Steps and Medicaid providers, supplementing the provider relations activities for which DSHS contracts with the Texas Medicaid and Healthcare Partnership (TMHP); Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 12 Effective Date: March 1, 2012 Approval Date: August 5, 2011
the Medicaid Bulletin, which provides information to all Medicaid providers; and
the Medicaid managed care enrollment broker, whose staff helps educate clients as they are enrolled in health plans.
In the course of promoting use of EPSDT service, THSteps staff and contractors inform interested families of the way to apply for Medicaid for other children.
Family Health Services Information & Referral Line - Toll-free hotline, funded by Title V, provides information and referrals for families who call in, including referrals to Medicaid and Title V MCH and CSHCN services.
Texas Information and Referral Network – The Texas Information and Referral Network (TIRN) at HHSC coordinates a statewide network of state and local contact points to provide information regarding health and human services in Texas, including Medicaid.
Effective May 1, 2010, Texas extends federally-matched CHIP coverage to qualified alien children who are otherwise eligible without a five-year delay. Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 111-3, authorizes states to provide federally- matched Medicaid and CHIP coverage to qualified alien children.
State employees’ children who otherwise meet CHIP eligibility criteria are eligible for enhanced state-funded subsidy of their coverage through the Uniform Group Insurance Program offered to state employees.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public-private partnership:
Texas has a variety of established programs and programs under development which involve private-public partnerships in providing health insurance coverage to uninsured children.
The Texas Health Insurance Risk Pool was funded by the Texas legislature in 1997 to provide the administrative structure for ensuring that health coverage is available to persons unable to otherwise obtain coverage because of their medical history or because they lose employer coverage. Coverage is automatic for uninsurable persons with certain diagnoses, such as metastatic cancer, leukemia, diabetes, epilepsy, and sickle cell anemia. The first Health Pool policies were effective February 1, 1998.
An extensive preferred provider network is utilized by the Pool. In addition, Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 13 Effective Date: March 1, 2012 Approval Date: August 5, 2011
a prescription drug benefit is included with the policy. Participants can select a $500 deductible package, a $1,000 deductible package, a $2,500 deductible package or a $5,000 deductible package. Premium rates are based on deductible plan, age, sex, area of the State, and smoking status. Effective January 1, 2004, the Pool’s rates were set at two times the Standard Rate. At present, premiums for children up to age 18 range from $121 per month to $549 per month. Benefits include inpatient and outpatient care and are limited to $1.5 million over a lifetime. Children are eligible for Pool coverage, either as eligible Pool applicants or as dependents of eligible Pool applicants.
The Community Access To Child Health (CATCH) Program is a program of the American Academy of Pediatrics (AAP) designed to improve access to health care by supporting pediatricians and communities that are involved in community-based efforts for children. The CATCH program provides pediatricians with training; technical assistance and resources; peer support and networking opportunities; and funding opportunities. A variety of funding opportunities are available, including implementation funds, planning funds, and resident funds. The Implementation Funds program supports pediatricians in the initial and/or pilot stage of developing and implementing a community-based child health initiative. Implementation funds are supported by Hasbro Children’s Foundation, Ronald McDonald House of Charities, CVS Pharmacy, and AAP. The Planning Funds program offers grants to pediatricians to develop community-based initiatives that increase children’s access to medical homes or to specific health services not otherwise available. The program is supported by a grant from Wyeth, with additional support provided by the AAP Friends of Children Fund, and the American Academy of Pediatric Dentistry Foundation. Resident funds are available for pediatric residents planning community-based child health initiatives, and are supported by grants from the Irving Harris Foundation and the AAP Friends of Children Fund, with additional support provided by the American Academy of Pediatric Dentistry Foundation. Projects have included providing health care services for children living in the colonias (rural developments along the Texas-Mexico border that frequently may not have basic amenities such as running water) and case management for very low birth weight babies.
The Healthy Tomorrows Partnership for Children Program is a collaborative grant of the federal Maternal and Child Health Bureau and the AAP for local entities, such as local health departments, county hospital districts, and community health centers that are supported in part with state funds to increase access to health services for mothers and children. Projects include providing direct health care, prevention of sexually transmitted disease among minority youth, and improving the health status of medically indigent, low birth weight infants. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 14 Effective Date: March 1, 2012 Approval Date: August 5, 2011
Two public programs identify children who could benefit from a private- public partnership. The Texas Medicaid program, through the Health Insurance Premium Payment (HIPP) Program, pays health insurance premiums for Medicaid eligible children. HIPP works with other state agencies, private employers, and private health coverage providers to ensure that Medicaid eligible children are able to take advantage of health coverage to which they have access. Given the broader scope of Medicaid benefits relative to the typical defined benefits package, children are able to take advantage of both public and private resources in receiving the services they need.
The Texas Title V Program for Children with Special Health Care Needs (CSHCN) has a similar program that pays private health coverage premiums when doing so is cost effective for CSHCN and when the family is unable to afford the premiums. This program serves children with family incomes up to 200 percent of FPL.
2.3. Describe the procedures the state uses to accomplish coordination of CHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as Title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
Linkages established with other public/private health insurance partnerships provide opportunities for collaboration and mutually supportive operations.
Coordination with Medicaid is achieved through coordinated outreach efforts and a joint children’s application. Outreach efforts are coordinated through contracts with local, community-based organizations (CBOs). The CBOs were selected based on their local expertise and experience with low-income populations. CHIP enrollment information is routinely shared with Texas’ Title V agency in order to coordinate program benefits. Texas’ CHIP coordination efforts are ongoing, but appear successful, as Texas’ CHIP enrollment growth rate was at one time among the fastest in the nation. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 15 Effective Date: March 1, 2012 Approval Date: August 5, 2011
Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue on to Section 4.
3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
Child health benefits are delivered through managed care models, including an (HMO) model and an exclusive provider organization (EPO) model primarily in rural areas of the State. In the HMO and EPO models, the State contracts to deliver health care services, relying on managed care principles that will include a “manager of care” or “medical home” and utilization controls on inpatient hospital and certain other services in the case of the HMOs model and the latter only in the case of the EPO. The same requirements are applied to both HMOs and EPOs.
The CHIP procurement of health plan services is aligned as closely as possible with other plans, such as Medicaid and the Title V CSHCN program to improve continuity of care. Enrollees are given a choice of at least two plans whenever possible and Medicaid plans are given extra consideration in the procurement of CHIP health plans.
Federally qualified health centers (FQHCs) and rural health clinics (RHCs) receive the full encounter rates for services rendered to CHIP members on or after October 1, 2009, consistent with Section 503 of the CHIP Reauthorization Act of 2009, Public Law 111-3. The full encounter rates are determined by the State, and are at least equal to the amount the State would be required to pay the FQHCs and RHCs under Section 2107(e)(1)(E) of the Social Security Act.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
Under the HMO/EPO model, plans are required to provide the range of children’s health services for a contracted per member/per month cost determined through actuarial analysis. The state monitors utilization of HMO/EPO services as part of its overall monitoring program. Please see section 7 for more information on the state’s monitoring efforts.
The HMO model includes a number of utilization management controls. Inpatient hospital stays and other services determined by the Medical Director are subject to Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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prospective review for medical necessity and appropriateness of proposed care before services can be rendered. Clients are required to obtain authorized referrals from their primary care providers to other professional providers. The state or its designee also conduct retrospective utilization review activities to examine services to clients directly provided by the network’s primary care provider specialty, services performed with authorization, and other services such as emergency room services. The same controls are used in the EPO model, except that the EPO operates without a gatekeeper function being performed by the HMO model’s PCP. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the states Medicaid plan, and continue on to Section 5.
4.1. The following standards may be used to determine eligibility of targeted low-income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a)) These standards are used for Texas CHIP:
4.1.1. Geographic area served by the Plan: Eligible children throughout the state will receive services. 4.1.2. Age: Children through the age of 18 years will be eligible. 4.1.2.1 Age: For unborn children, coverage can begin from the confirmation of pregnancy and enrollment in CHIP Perinatal Program. 4.1.3. Income: Children whose countable family income (gross income minus all eligible childcare expenses) is at or below 200 percent of FPL will be eligible.
Eligible childcare expenses include verified expenses the family has paid for the care of a child in the household and/or transportation of a child in the household to and/or from day care or school.
Families may deduct up to: $200 per month for each child under age two; and $175 per month for each child age two or older.
Gross income excludes income from temporary employment with the United States Census Bureau for work on the decennial census.
4.1.4. Resources (including any standards relating to spend downs and disposition of resources): Family resources are not taken into account in the determination of eligibility for children at or below 150 percent of FPL.
For children with countable family income above 150 percent of FPL, a family resource test is applied. For these families, the resource limit will be $10,000 or less in countable liquid resources, combined with excess vehicle value.
Up to $18,000 of the fair market value of the family’s highest valued vehicle will be exempted. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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For other countable vehicles, fair market value in excess of $7,500 will be counted.
The total value of certain types of vehicles, such as income producing or vehicles modified to transport disabled household members will be exempted.
Additionally, family resources are evaluated as part of the screening and enrollment process for Medicaid eligibility.
Unborn children to be delivered to families with income at or below 200 percent of FPL are exempt from family resource test requirements for eligibility determination.
4.1.5. Residency (so long as residency requirement is not based on length of time in state): Children must be residents of Texas to be eligible for services. 4.1.6. Disability Status (so long as any standard relating to disability status does not restrict eligibility): Not applicable. 4.1.7. Access to or coverage under other health coverage: The application form asks for information on the insurance status of children making application. Children with existing health insurance are denied eligibility for Texas CHIP. Unborn children with existing health insurance are denied eligibility for Texas CHIP. 4.1.8. Duration of eligibility: Eligible children in the traditional CHIP Program with incomes at or below 185 FPL receive coverage for 12 continuous months. Eligible children in the traditional CHIP Program with incomes above 185 percent of FPL receive coverage for up to 12 months and are required to verify income eligibility at month six of their 12-month CHIP coverage period. Eligible unborn children receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid. 4.1.9. Other standards (identify and describe): Immigration status: children who are legal residents but have not passed the five year bar are enrolled at the cost of the State.
As referenced in Section 4.3, the State does require the child’s social security number or proof of application for a social security number at the time of application.
4.1.10. Check if the State is electing the option under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009
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(CHIPRA) to provide coverage to the following children as specified below who are lawfully residing in the United States, and consist of the following:
A child shall be considered lawfully present if he or she is:
(1) A qualified alien as defined in section 431 of PRWORA (8 U.S.C. §1641);
(2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;
(3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings;
(4) An alien who belongs to one of the following classes:
(i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively);
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization;
(iii) Aliens who have been granted employment authorization under 8 CFR 274a,12(c)(9), (10), (16) (18), (20), (22), or (24);
(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status; or
(vii) Aliens whose visa petition has been approved and who have a pending application for adjustment of status;
(5) A pending applicant for asylum under section 208(a) of the 19 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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INA (8 U, S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U,S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;
(6) An alien who has been granted withholding of removal under the Convention Against Torture;
(7) A child who has a pending application for Special Immigrant Juvenile status as described in section 10 1 (a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J));
(8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or
(9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
The State elects the CHIPRA section 214 option for children up to age 19. The State elects the CHIPRA section 214 option for pregnant women through the 60-day postpartum period.
4.1.10.1. The State provides assurance that for individuals who it enrolls in CHIP under the CHIPRA section 214 option that it has verified, both at the time of the individual’s initial eligibility determination and at the time of the eligibility redetermination, that the individual continues to be lawfully residing in the United States. The State must first attempt to verify this status using information provided at the time of initial application. If the State cannot do so from the information readily available, it must require the individual to provide documentation or further evidence to verify satisfactory immigration status in the same manner as it would for anyone else claiming satisfactory immigration status under section 1137(d) of the Act.
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR 457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis. 4.2.2. Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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4.2.3. These standards do not deny eligibility based on a child having a pre- existing medical condition.
4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
The eligibility process for CHIP is easy to access, convenient for families, and is identical to the Children’s Medicaid eligibility process. A single application form is used for Medicaid and CHIP. Families may access the application online or by calling a toll-free number to request that an application be mailed to them. They may then submit the completed application and supporting documentation by mail or by fax. Alternatively, families may apply by phone or in person.
The application asks for the following information: Family’s gross income and the names of employers Age, names, social security numbers, and insurance status of children Composition of the family Resource information Immigration/Citizenship Status Income disregards such as child care expenses
Information from the application is entered into the CHIP eligibility system. This entry may occur through several means: data entry by a telephone operator who receives the information through a phone call; data entry by a clerk at a central processing unit who reads the information from the application; or direct data entry via the internet to the extent feasible.
All applicants are screened for Medicaid eligibility before being deemed eligible for CHIP. Any application in which the family income and resources fall within Medicaid eligibility is routed to a Medicaid worker. Data on that applicant is transferred, electronically and in hard copy, to the Medicaid system. Data on those applicants who are denied Medicaid by Medicaid eligibility staff are transmitted to the CHIP system and those applicants are notified of their CHIP eligibility and enrolled in CHIP health plans.
Applicants applying via the Internet currently print out and sign applications, and mail them with necessary verifications to the central processing unit. Mail-in applications need to include the necessary verifications. In the case of phone applications, the data are printed out and sent to the family with a self-addressed envelope. The family returns the signed application with necessary verifications after reviewing the application for accuracy.
Based on the eligibility information and the receipt of necessary verifications, the system makes a determination of eligibility and sends written notification to the family. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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If a child is determined CHIP eligible, the administrative services contractor sends the family an enrollment packet, which provides information about their health plan choices and any applicable enrollment fee. The family returns to the administrative services contractor the completed enrollment forms and any applicable enrollment fee owed, and the administrative services contractor processes the forms and enrolls the child in a health plan.
For a child’s initial enrollment in CHIP, a three-month waiting period applies to a child who was covered by a health benefits plan at any time during the 90 days before the date of application for coverage under CHIP, unless the child qualifies for an exception to the waiting period. The CHIP eligibility date begins 90 days (three calendar months) after the last month in which the applicant was covered by a third party health benefits plan. Following the waiting period (if applicable), a term of coverage up to 12 months begins on the first day of the following month or, if the waiting period does not apply, on the first day of the month following the month in which the enrollment process was completed (by the enrollment processing cut-off date).
Exceptions to the waiting period:
A child is not subject to the waiting period if the family lost coverage for the child as a result of:
(A) termination of employment because of a layoff or business closing; (B) termination of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub L. No. 99-272) where the termination is based upon the expiration of the period of coverage (usually 18 months); (C) change in marital status of a parent of the child led to the loss of health insurance coverage; (D) loss of health benefits coverage due to: 1) loss of employment or reduction in the hours of employment where the individual is ineligible for COBRA continuation coverage or where the cost of COBRA continuation coverage exceeds 10 percent of the family’s income; 2) employer termination of coverage for all employees or dependents or for the category of employees or dependents that includes the applicant; 3) change to employment that does not offer dependent coverage; 4) involuntary termination of coverage by the health insurer for a reason other than nonpayment of premiums; 5) in the case of divorce or separation, the noncustodial, nonapplicant parent refusing to continue providing coverage previously provided through that parent’s employer; or (E) the family terminated health benefits plan coverage for the child because the cost to the child's family for the coverage exceeded 10 percent of the family's income.
Unborn children enrolled in the CHIP Perinatal Program are exempt from the waiting period.
HHSC will not grant any exemption where it is apparent that the family engaged in Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 23 Effective Date: March 1, 2012 Approval Date: August 5, 2011 an action that resulted in the lost of health benefits coverage solely for the purpose of substituting CHIP coverage for previous health benefits coverage. The enrollment fee amount, if applicable (See Section 8.2.3), must be paid and the health plan selection, if applicable, must be made in advance of the enrollment cutoff date, unless an extension is authorized under Section 8.2.1. In the sixth month of traditional CHIP coverage, families with income above 185 percent FPL will be subject to an income review to determine countable income does not exceed 200 percent FPL. This process does not apply to the CHIP Perinatal Program. Three months before the end of the 12-month term of coverage, families are sent a renewal notice informing them that they must renew the CHIP coverage. As children are enrolled into CHIP, they will be enrolled into the CHIP dental program. Families enrolling in CHIP will receive enrollment packets, member ID cards, provider directories, member handbooks, and certificates or evidence of coverage (COC or EOC). The COC or EOC describes the covered benefits, the cap on dental coverage, the copayment amounts for non-preventive dental visits, and the complaint and appeal process. The dental contractor(s) will issue a new COC or EOC any time there is a change to benefits. The dental contractor(s) will be responsible for providing the enrollment broker with a description of the dental benefit for the broker to use in explaining the benefit to enrollees. For specific questions regarding the benefit, the member will need to contact their dental contractor. In the event of a FEMA- or Governor- declared disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies, the effective dates of such adjustments, and the counties/areas impacted by the disaster. In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, enrollees may be granted eligibility and receive services beyond their certification period and may be provided additional time to submit a renewal or verification. In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, eligibility verification requirements may be waived at application and renewal. The state may allow self-attestation to complete the eligibility determination, in accordance with 42 CFR 457.380. In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the State may waive or delay collection of enrollment fees in accordance with Sections 8.2.1 and 8.2.3. 4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b)) Check here if this section does not apply to your state. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
The CHIP application asks whether applicant children are covered through existing health insurance. Information about the availability of employer- based insurance and the employer name is obtained during the application process. Children with health coverage are ineligible for CHIP. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 24 Effective Date: March 1, 2012 Approval Date: August 5, 2011 As described in Section 4.1 above, the application for Texas CHIP and Medicaid screens for Medicaid eligibility. Applications and renewals for children eligible for Medicaid are processed by Medicaid workers and eligible children are enrolled in Medicaid. Data matches with Medicaid are also carried out to minimize the chances that children found eligible for Texas CHIP are not already receiving health insurance. Texas has two “state health benefits” plans: state employee health coverage under the state Employee Retirement System (ERS) and health coverage for active school district employees available through the Teachers Retirement System (TRS “Active Care”). State law treats these two groups differently. Additionally, electronic data matching is performed with both the ERS and TRS systems to identify children enrolled in to those benefit plans. Children who would otherwise qualify for ERS health coverage or TRS Active Care but meet Texas CHIP program eligibility criteria may be enrolled in the Texas CHIP program and paid as federally-matched CHIP members, pursuant to Section 10203(d)(2)(D) of the Patient Protection and Affordable Care Act of 2010 (PPACA). This section of the PPACA allows a hardship exception to the general rule that children of public employees are excluded from enrolling in federally-matched CHIP. 4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2)) As described in Section 4.4.2 above, Medicaid workers complete the enrollment of these children into the program. The State tracks applications of children who are determined Medicaid eligible to report whether eligible applicants choose to enroll. 4.4.3. The State is taking steps to assist in the enrollment in CHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR 431.636(b)(4)) Children determined ineligible for Medicaid are automatically enrolled in CHIP based on electronic data sharing between the Medicaid eligibility agency and the CHIP administrative services contractor. 4.4.4 The insurance provided under the state child health plan does not substitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c)) 4.4.4.1. Coverage provided to children in families at or below 200 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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percent FPL: describe the methods of monitoring substitution. Labor analyses show that Texas has a low percentage of jobs in the manufacturing industries where dependent insurance coverage is highest. Employment in Texas is concentrated in retail, services, and small business, all of which have low rates of employee health benefits, particularly for lower-paying positions. Also, program design for Texas CHIP, with such features as a commercially-based benefits package and cost- sharing provisions, are similar to private insurance and will thereby diminish the differences in consumers’ minds between group health plans and CHIP. Up to 150 percent FPL, crowd out is not anticipated to be a significant issue. The data are less clear at incomes between 150 percent and 200 percent FPL. Consequently, the program requires that applicants be uninsured for 90 days as a condition of eligibility. Provision is made to exempt families whose coverage has been discontinued through no fault of their own or who have discontinued coverage because the cost exceeded 10 percent of family income.
The application screens for whether the child has current insurance. If that is the case, eligibility for CHIP is denied. If the application indicates that other insurance coverage was in effect during the previous 90 days, the applicant must indicate the date coverage ended, the reason, and the cost of the coverage. This information is used to determine if the child meet a good cause exception to the 90-day waiting period.
The State also monitors for substitution of coverage through CHIP consumer surveys conducted by the External Quality Review Organization, evaluation of trends indicated by administrative data (e.g. rates of “good cause” exceptions granted), and evaluation of statewide trends in insured/uninsured rates as indicated by the Current Population Survey (CPS) data.
4.4.4.2. Coverage provided to children in families over 200 percent and up to 250 percent FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become unacceptable.
4.4.4.3. Coverage provided to children in families above 250 percent FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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4.4.4.4. If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution. The cost-effectiveness determination. 4.4.5 Child health assistance is provided to targeted low-income children in the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
Texas has three Native American tribes: The Alabama Coushatta, located in Livingston, has 800 members; The Ysleta Del Sur, located in El Paso, has 1500 members; The Kickapoo, located in Eagle Pass, has 750 members.
Before the implementation of Texas CHIP in these areas, the state contacted the tribes to determine how best to ensure the continued participation of tribal health clinics in the care of tribal members. Health plans are required to contract with or enter into special arrangement with tribal providers. These arrangements help ensure continuity of care for clients that choose to enroll in CHIP. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 5. Outreach (Section 2102(c))
Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Historical Background
Outreach in the first two years of TexCare, which was the State’s generic outreach campaign for Children’s Medicaid and CHIP, focused on a statewide media/marketing campaign focused on a call-to-action to families to call the TexCare hotline or send in a written application; direct application assistance by TexCare’s CBOs’ outreach staff; and mass dissemination of information about the program. These strategies were appropriate for the "start-up" phase, as the challenge was to reach hundreds of thousands of unidentified families eligible for children's health insurance.
TexCare was designed to outreach on behalf of both Children’s Medicaid and CHIP. However, because CHIP was a new and separately financed program that offered the first-ever opportunity of coverage to hundreds of thousands of families, much of the focus of state and local stakeholders has been on assuring the achievement of the ambitious CHIP "start-up" goal. Now that CHIP has been successfully launched, Texas is entering a new outreach phase that is dominated by the need to promote renewal and appropriate utilization of services. The Medicaid focus of the outreach effort has been sharpened with the implementation of SB 43, 77th Legislature, Regular Session, 2001, which is state legislation simplifying Children’s Medicaid. This legislation benefits many families because it mandates that the application and enrollment process for Children’s Medicaid-eligible families is as seamless, simple, and transparent as that enjoyed by CHIP-eligible families.
Texas’ call-to-action outreach efforts were so effective in the first two years of the program have not stopped. In 2006, however, the TexCare logo was retired and replaced with CHIP/Children’s Medicaid as the State integrated the applications for CHIP and Children’s Medicaid into one application form. With the implementation of HB 109, 80th Legislature, Regular Session, 2007, the outreach focus shifted to include the permanent incorporation of CHIP/Children’s Medicaid information in systems (e.g., schools, emergency rooms, provider offices, pharmacies) in the community and the perpetuation and appropriate utilization of existing coverage.
In all aspects of implementing CHIP/Children’s Medicaid, Texas has learned from the experience of other states. A review of that experience suggests that a broadening of Texas’ strategy was appropriate. By diversifying beyond mass information dissemination and direct application assistance, the program will benefit Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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from: increasing the efficiency of efforts to identify and target under-served populations; broadening and incorporating automatic information dissemination systems within organizations that have frequent contact with families; increasing the emphasis on all aspects of disease and disability prevention; communicating the fact that, through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; and emphasizing family maintenance of health care coverage and appropriate utilization of services.
Other states' experience also shows that the program and the enrolled children benefit when efforts are made to keep enrolled children in health care coverage when their first period of eligibility expires.
Based on this experience, the State adopted the following goals for the next phase of outreach for CHIP/Children’s Medicaid:
a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; an appropriate level of call-to-action through broad appeals and mass communications to reach eligible families; mass media messages and activities by CHIP/Children’s Medicaid contracted CBOs and health plans shifting primary emphasis from a call-to-action to the idea that through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; increased emphasis on activities by CHIP/Children’s Medicaid CBOs and stakeholders to place CHIP/Children’s Medicaid information in the hands of families at times and places in which they are likely to be motivated by and interested in the information; activities by CHIP/Children’s Medicaid CBOs and stakeholders to work within organizations that have regular contact with families (e.g. emergency rooms, provider offices, pharmacies, schools) to set in place automatic and recurring "systems" to inform families and help them apply for health care coverage through CHIP/Children’s Medicaid; and continued activities to support enrollee families in successfully completing their annual renewal process, involving health plans, the administrative services contractor, and CHIP/Children’s Medicaid CBOs.
Outreach has become more strategic in nature as Texas has sought to work with entities in all sectors of the community to broaden and institutionalize the message to include the value of insurance, the importance of renewal, and education on appropriate utilization of services.
Outreach strategies will result in the identification of non-Medicaid eligible pregnant women whose unborn children may be eligible for this program. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Based on previous experience, the State will develop:
a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; an appropriate level of call-to-action through broad appeals; increased emphasis on activities by CBOs and stakeholders to place information in the hands of women at times and places in which they are likely to be motivated by and interested in the information; and activities by CBOs and stakeholders to work within organizations that have regular contact with pregnant women such as provider offices. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a))
6.1.1. Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420)
6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2 Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If an existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for an existing comprehensive state-based coverage.
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450)
6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration project 6.1.4.3. Coverage that either includes the full EPSDT benefit or that the state has extended to the entire Medicaid population Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. Other (Describe) The state elects to provide a basic set of health care benefits that are focused on primary health care needs and that contain the cost of the benefit package. Specific covered services are described in Section 6.2 below.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
6.2.1. Inpatient services (Section 2110(a)(1)) Covered, medically necessary inpatient services are unlimited and include, but are not limited to: Semi-private room and board (or private if medically necessary as certified by attending); general nursing care; ICU and services; patient meals and special diets; operating, recovery and other treatment rooms; anesthesia and administration (facility technical component); surgical dressings, trays, casts, splints, drugs, medications and biologicals; X-rays, imaging and other radiological tests (facility technical component); laboratory and pathology services (facility technical component); machine diagnostic tests (EEGs, EKGs, etc); oxygen services and inhalation therapy; radiation and chemotherapy; access to DSHS- designated Level III perinatal centers or hospitals meeting equivalent levels of care; hospital-provided physician services (facility technical component); and, in-network or out-of-network facility and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section.
Exclusions and Limitations include: Infertility treatments or reproductive services other than prenatal care, labor and delivery, and care related to disease, illnesses, or abnormalities related to the reproductive system; personal comfort items including but not limited to personal care kits provided on inpatient admission, telephone, Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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television, newborn infant photographs, meals for guests of patient, and other articles which are not required for the specific treatment of sickness or injury; experimental and/or investigational medical, surgical or other health care procedures or services which are not generally employed or recognized within the medical community; treatment or evaluations required by third parties including, but not limited to, those for schools, employment, flight clearance, camps, insurance or court; custodial care; mechanical organ replacement devices, including, but not limited to artificial heart; private duty nursing services when performed on an inpatient basis; and, hospital services and supplies when confinement is solely for diagnostic testing purposes, unless otherwise pre-authorized by the Health Plan.
The health plan may require prior authorization for: non-emergency care and following stabilization of an emergency condition; and, for in-network or out-of-network facility and physician services for a mother and her newborn(s) after 48 hours following an uncomplicated vaginal delivery and after 96 hours following an uncomplicated delivery by caesarian section.
CHIP Perinatal Program:
Inpatient facility services are not a covered benefit for unborn children at or below 185 percent of the Federal Poverty Level (FPL). Once the child is born, they will receive full CHIP benefits.
Covered medically necessary inpatient services are limited to labor and delivery until birth for unborn children.
Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.2. Outpatient services (Section 2110(a)(2)) Covered, medically necessary outpatient services are unlimited and include, but are not limited to, the following services provided in a hospital clinic, a clinic or health center, hospital-based emergency department or an ambulatory health care setting: X-ray, imaging, and radiological tests (technical component); laboratory and pathology services (technical component); machine diagnostic tests; ambulatory surgical facility services; drugs, medications and biologicals; casts, splints, dressings; preventive health services; physical occupational and speech therapy; renal dialysis; respiratory services; radiation and chemotherapy; and blood or blood products (if not provided free-of- charge to the patient) and the administration of these products.
Exclusions and Limitations include: The health plan may require prior authorization and physician prescription for outpatient services.
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CHIP Perinatal Program: Covered, medically necessary outpatient services for the unborn child are limited to those outpatient services that directly relate to prenatal or postpartum care and/or the delivery of the covered unborn child until birth. Outpatient observation is a covered benefit under the CHIP Perinatal Program. Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age confirmation. Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.3. Physician services (Section 2110(a)(3)) Covered, medically necessary physician and physician extender services are unlimited and include, but are not limited to, the following: American Academy of Pediatrics recommended well-child exams and preventive health services (including but not limited to vision and hearing screening and immunizations); physician office visits; inpatient and outpatient services; laboratory, x-rays, imaging and pathology services and professional interpretation; medications, biologicals and materials administered in the physician’s office; allergy testing, serum and injections; (in/outpatient) surgical services, including surgeons for surgical procedures including appropriate follow-up care, administration of anesthesia by physician (other than surgeon) or CRNA, second surgical opinions, same-day surgery performed in a hospital without an over-night stay; invasive diagnostic procedures such as endoscopic examination; hospital- based physician services (including physician-performed technical and interpretative components); and, in-network and out-of-network physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section.
Exclusions to physician services include: infertility treatments, prostate and mammography screening; reproductive services other than prenatal care, labor and delivery, and care related to diseases, illnesses, or abnormalities related to the reproductive system; elective surgery to correct vision; gastric procedures for weight loss; cosmetic Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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surgery/services solely for cosmetic purposes; cut-of-network services not authorized by the Health Plan except for emergency care and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section; services, supplies, meal replacements or supplements provided for weight control or the treatment of obesity, except for the services associated with the treatment for morbid obesity as part of a treatment plan approved by the Health Plan; acupuncture services, naturopathy and hypnotherapy; immunizations solely for foreign travel; routine foot care such as hygienic care; and diagnosis and treatment of weak, strained, or flat feet and the cutting or removal of corns, calluses and toenails (this does not apply to the removal of nail roots or surgical treatment of conditions underlying corns, calluses or ingrown toenails).
The Health Plan may require prior authorization for specialty physician services.
CHIP Perinatal Program: Covered, medically necessary physician services are limited to prenatal and postpartum care and/or the delivery of the covered unborn child until birth. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis.
6.2.4. Surgical services (Section 2110(a)(4)). Covered, unlimited medically necessary surgical services, and limitations and exclusions to surgical services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: Covered, medically necessary surgical services for the unborn child are limited to services that directly relate to the delivery of the unborn child enrolled in the program until birth. Coverage for the CHIP Perinatal newborn is the same as Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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coverage for traditional CHIP clients.
6.2.5. Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5)) Covered, unlimited medically necessary clinic services (including health center services) and other ambulatory health care services, and limitations and exclusions to these services are described under outpatient services.
CHIP Perinatal Program: Covered, medically necessary clinic services for the unborn child are limited to prenatal and postpartum care and/or the delivery of the unborn child until birth. Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.6. Prescription drugs (Section 2110(a)(6)) Open formulary based on the Texas Medicaid Program open formulary. Covered, unlimited medically necessary prescription drugs include non-experimental, FDA-approved physician-prescribed drugs that are prescribed for the medical treatment of illness or injuries.
Exclusions include: contraceptive medications prescribed only for the purpose of primary and preventive reproductive health care, and medications for weight loss or gain.
The state will require prior authorization for selected drugs. The state will also implement a preferred drug list (with provisions for medically necessary exceptions) and may establish a four-prescription limit on brand name drugs and a thirty-four day supply limit, if determined to be cost effective. Medically necessary exceptions will also apply to both of these limits.
CHIP Perinatal Program: Covered medically necessary prescription and injection drugs
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are a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.7. Over-the-counter medications (Section 2110(a)(7))
6.2.8. Laboratory and radiological services (Section 2110(a)(8)) Covered, unlimited, medically necessary laboratory and radiological services, and limitations and exclusions to laboratory and radiological services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: Covered, medically necessary laboratory and radiological services for the unborn child are limited to services that directly relate to antepartum care and/or the delivery of the covered unborn child until birth. Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Cordocentesis, FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. Laboratory tests for the unborn child are limited to: nonstress testing, contraction stress testing, hemoglobin or hematocrit, or complete blood count (CBC), urinanalysis, blood type and Rh antibody screen, rubella antibody titer, serology for syphilis, hepatitis B surface antigen, cervical cytology, pregnancy test, gonorrhea test, urine culture, sickle cell test, tuberculosis (TB) test, human immunodeficiency virus (HIV) antibody screen, Chlamydia test, other laboratory tests not specified but deemed medically necessary, and multiple marker screens for neural tube defects (if the client initiates care between 16 and 20 weeks). Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.9. Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) Covered, unlimited prenatal care and medically necessary care related to diseases, illnesses, or abnormalities related to the reproductive system, and limitations and exclusions to these services are described 36 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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under inpatient, outpatient, and physician services.
Primary and preventive health benefits do not include pre-pregnancy family reproductive services and supplies, or prescription medications prescribed only for the purpose of primary and preventive reproductive health care.
CHIP Perinatal Program: Prenatal care and prepregnancy family services and supplies are limited to an initial visit and subsequent prenatal (antepartum) care visits that include: one visit every four weeks for the first 28 weeks of pregnancy; one visit every two to three weeks from 28 to 36 weeks of pregnancy; and one visit per week from 36 weeks to delivery. More frequent visits are allowed as medically necessary. Limit of 20 prenatal visits and two postpartum visits (maximum within 60 days) without documentation of a complication of pregnancy. More frequent visits may be necessary for high-risk pregnancies. High-risk obstetrical visits are not limited to 20 visits per pregnancy. Documentation supporting medical necessity must be maintained in the physician’s files and is subject to retrospective review. Subsequent visits must include: interim history (problems, marital status, fetal status), physical examination (weight, blood pressure, fundal height, fetal position and size, fetal heart rate, extremities) and laboratory tests (urinanalysis for protein and glucose every visit; hematocrit or hemoglobin repeated once a trimester and at 32-36 weeks of pregnancy; multiple marker screen for fetal abnormalities offered at 16 to 20 weeks of pregnancy; repeat antibody screen for Rh negative women at 28 weeks followed by Rho immune globulin administration if indicated; screen for gestational diabetes at 24 to 28 weeks of pregnancy; and other lab tests as indicated by medical condition of client). Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.10. Inpatient mental health services, other than services described in 6.2.18, but including services furnished in a state-operated facility and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10))
Covered, medically necessary inpatient mental health services include, but are not limited to, mental health services furnished in a free-standing psychiatric hospital, psychiatric units of general acute 37 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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care hospitals and state-operated facilities, as well as neuropsychological and psychological testing.
When inpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
Prior authorization may be required for non-emergency inpatient mental health services; however, PCP referral is not required.
CHIP Perinatal Program: Inpatient mental health services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.11. Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated facility and including community-based services. (Section 2110(a)(11) Covered, medically necessary outpatient mental health services include, but are not limited to, mental health services provided on an outpatient basis, neuropsychological and psychological testing, medication management, rehabilitative day treatments, residential treatment services, sub-acute outpatient services (partial hospitalization or rehabilitative day treatment), and skills training (psycho-educational skills development).
When outpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
The visits can be furnished in a variety of community-based settings (including school and home-based settings) or in a state-operated facility.
Prior authorization may be required for outpatient mental health services; however, these services do not require PCP referral. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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CHIP Perinatal Program: Outpatient mental health benefits are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.12. Durable medical equipment and other medically related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Covered services includes durable medical equipment (DME) (equipment which can withstand repeated use, and is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness, injury or disability, and is appropriate for use in the home), and other medically-related or remedial devices that are medically necessary and necessary for one or more activities of daily living, and appropriate to assist in the treatment of a medical condition. These devices include, but are not limited to: orthotic braces and orthotics; prosthetic devices such as artificial eyes, limbs and braces; prosthetic eyeglasses and contact lenses for the management of severe opthomological disease; hearing aids; other artificial aides including surgical implants.
DME and other medically related or remedial devices are for a 12- month coverage period. Limitations include: $20,000 per 12-month coverage period limit for DME, prosthetics, devices, and disposable medical supplies (implantable devices and diabetic supplies and equipment are not counted against this cap).
Exclusions include: Replacement or repair of prosthetic devices and DME due to misuse, abuse, or loss when confirmed by the member or the vendor; corrective orthopedic shoes; convenience items; diagnosis and treatment of flat feet; routine refractory services and glasses/contacts; and orthotics primarily used for athletic or recreational purposes.
The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: DME or other medically related remedial devices are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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6.2.13. Disposable medical supplies (Section 2110(a)(13)) Covered benefits include diagnosis-specific disposable medical supplies, including diagnosis-specific prescribed specialty formulas and dietary supplements. However, coverage is limited to formulas prescribed for chronic hereditary metabolic disorders, a non-function or disease of the structures that normally permit food to reach the small bowel; or malabsorption due to disease (expected to last longer than 60 days when prescribed by the physician and authorized by the Health Plan) are covered.
Limitations and exclusions: Disposable medical supplies are included under the $20,000 limit per term of coverage Durable Medical Equipment cap; however, diabetic supplies and equipment are exempted from this cap.
CHIP Perinatal Program Disposable medical supplies are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.14. Home and community-based health care services (See instructions) (Section 2110(a)(14)) Covered, medically necessary home and community-based health care services include, but are not limited to: Speech, physical, and occupational therapy; home infusion; respiratory therapy; skilled nursing visits as defined for home health purposes (may include R.N. or L.V.N.); home health aide services, when provided under the supervision of a R.N. and included as part of a plan of care during a period that skilled visits have been approved.
Limitations and exclusions to home and community-based health care services are: Excludes custodial care that assists a child with the activities of daily living and does not require the continuing attention of trained medical or paramedical personnel; excludes services intended to replace the child's caretaker or to provide relief for the caretaker; skilled nursing visits are provided on an intermittent level and are not intended to provide 24-hour skilled nursing services; services are for blocks of time and are not intended to replace 24-hour inpatient or skilled nursing facility services; excludes housekeeping services; excludes public facility services and care for conditions that federal, state, or local law requires be provided in a public facility or care provided while in the custody of legal authorities; excludes services or supplies received from a nurse, which do not require the skill and training of a nurse. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: Home and community-based health care services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.15. Nursing care services (See instructions) (Section 2110(a)(15)) Covered, unlimited medically necessary nursing care services include home visits for private duty nursing (R.N., L.V.N., block of time)
The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: Nursing care services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16)
6.2.17. Dental services (Section 2110(a)(17)) The state will provide dental coverage to children through one of the following (Section 2103(a)(5)):
6.2.17.1 State Dental Benefit Package. The State assures coverage of dental services from each of the following categories:
1. Diagnostic (must follow periodicity schedule); 2. Preventive (must follow periodicity schedule); 3. Restorative; 4. Endodontic; 5. Periodontic; 6. Prosthodontic; 7. Oral and Maxillofacial; 8. Orthodontics; and 9. Emergency Dental Services.
Covered services are subject to dental necessity requirements and Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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include: oral evaluations, routine check ups, x-rays, cleanings, topical fluoride, sealants, space maintainers, fillings, crowns/caps, pulpotomy/pulpectomy, root canals, gingivectomy/gingivoplasty, periodontal scaling, debridement, dentures, extractions, surgical extractions, orthodontic services (limited to pre- and post-surgical orthodontic services to treat craniofacial anomalies requiring surgical intervention), and emergency dental services.
The dental benefit covers up to $564 annually per CHIP member. Limitations to dental services are limited to a 12-month coverage period. Emergency dental services are not subject to the dental benefit limit and do not count toward a CHIP member’s benefit limit.
Exceptions to the $564 annual benefit maximum are:
(1) the preventative services identified in the 2009 American Academy of Pediatric Dentistry periodicity schedule (Volume 32, Issue Number 6, at pp. 93-100); and
(2) other medically necessary services approved through a prior authorization process. These services must be necessary to allow a plan member to return to normal, pain and infection-free oral functioning. Typically this includes: o Services related to the relief of significant pain or to eliminate acute infection; o Services related to treat traumatic clinical conditions; o Services that allow a patient to attain the basic human functions (e.g. eating, speech, etc.); and o Services that prevent a condition from seriously jeopardizing one’s health/functioning or deteriorating in an imminent timeframe to a more serious and costly dental problem.
CHIP Perinatal Program: Dental services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.17.1.1 Periodicity Schedule. Please select and include a description. Medicaid American Academy of Pediatric Dentistry recommendations for age appropriate dental care including but not limited to: clinical oral evaluations, cleanings and topical fluoride treatment, Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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x-rays, caries-risk assessment, sealants, and treatment for dental disease and injury. Other Nationally recognized periodicity schedule: (Please Specify)
6.2.17.2. Benchmark coverage; (Section 2103(c)(5), 42 CFR 457.410 and 42 CFR 457.420) States must, in accordance with 42 CFR 457.410, provide coverage for dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions if these services are not provided in the chosen benchmark package.
6.2.17.3. FEHBP-equivalent coverage; (Section 2103(c)(5)(C)(i)) (If checked, attach a copy of the dental supplemental plan benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.4. State employee coverage; (Section 2103(c)(5)(C)(ii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.5. HMO with largest insured commercial enrollment (Section 2103(c)(5)(C)(iii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.18. Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Covered, medically necessary services include, but are not limited to: inpatient and residential substance abuse treatment services including detoxification and crisis stabilization, and 24-hour residential rehabilitation programs.
Prior authorization may be required for nonemergency services; however, PCP referral is not required. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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CHIP Perinatal Program: Inpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.19. Outpatient substance abuse treatment services (Section 2110(a)(19)) Medically necessary outpatient substance abuse treatment services include, but are not limited to, prevention and intervention services that are provided by physician and non-physician providers, such as screening, assessment, and referral for chemical dependency disorders; intensive outpatient services; and partial hospitalization.
Intensive outpatient services is defined as an organized non- residential service providing structured group and individual therapy, educational services, and life skills training which consists of at least 10 hours per week for four to 12 weeks, but less than 24 hours per day. Outpatient treatment services is defined as consisting of at least one to two hours per week providing structured group and individual therapy, educational services, and life skills training.
These services do not require a PCP referral, but prior authorization may be required.
CHIP Perinatal Program: Outpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.20. Case management services (Section 2110(a)(20)) Medically necessary case management services above and beyond those normally provided to all members are covered for Children with Complex Special Health Care Needs. These covered services include outreach, informing, intensive case management, care coordination and community referral.
State-certified Community Health Workers, also known as promotora(s), are utilized in target areas to focus education to under- served populations. The program aims to bridge social, economic and cultural gaps to provide information about effective utilization of CHIP and preventive care to enrolled families. Delivery of Community Health Worker training and services are designed to Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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improve preventive care in CHIP.
CHIP Perinatal Program: Case management services are a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.21. Care coordination services (Section 2110(a)(21))
CHIP Perinatal Program: Care coordination services are a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.22. Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22)) Covered, medically necessary habilitation (the process of supplying a child with the means to reach age-appropriate developmental milestones through therapy or treatment) and rehabilitation services include, but are not limited to physical, occupational, and speech therapy and developmental assessment.
Reimbursement for school-based services is not covered, except for therapy services ordered by the PCP. The health plan may require authorization and physician prescription. CHIP Perinatal Program: Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.23. Hospice Care (Section 2110 (a) (23)) Covered, medically necessary hospice services include, but are not limited to, palliative care, including medical and support services, for those children who have six months or less to live, to keep patients comfortable during the last weeks and months before death. Treatment for unrelated conditions is unaffected.
Hospice care services are for a six-month coverage period. 45 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Limitations include: Services apply only to the hospice diagnosis; limited to a maximum of 120 days with a six-month life expectancy; and, patients electing hospice may cancel this election at any time. The health plan may require authorization and physician prescription. CHIP Perinatal Program: Hospice care is not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.24. Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Skilled Nursing Facility (including Rehabilitation Hospital) Services Covered, medically necessary skilled nursing facility and rehabilitation hospital services include, but are not limited to, semi- private room and board; regular nursing services; rehabilitation services; and medical supplies and use of appliances and equipment furnished by the facility. Skilled nursing facility services are for a 12- month coverage period. Coverage is limited to 60 days per 12-month coverage period. Private duty nurses, television and custodial care are excluded. The health plan may require authorization and physician prescription.
CHIP Perinatal Program: Skilled nursing facility and rehabilitation hospital services are not covered a benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Emergency Services including Emergency Hospitals and Physician Covered, medically necessary services include: emergency services based on prudent lay person definition of emergency health condition; hospital emergency department room and ancillary services and physician services 24 hours a day, seven days a week, both by in-network and out-of-network providers; medical screening examination; stabilization services; emergency dental coverage for a dislocated jaw, traumatic damage to teeth, removal of cysts, and treatment of oral abscess of tooth or gum origin; and access to designated Level I and Level II trauma centers or hospitals meeting equivalent levels of care for emergency services. The health plan cannot require authorization as a condition for payment for emergency conditions or labor and delivery; however, the health plan may require authorization for post-stabilization Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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services.
CHIP Perinatal Program: Covered, medically necessary emergency services for the unborn child are limited to those emergency services that directly relate to the delivery of the unborn child until birth. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. Post-delivery services or complications resulting in the need for emergency services for the mother of the CHIP Perinatal newborn are not a covered benefit.
Vision Services Covered, medically necessary services include: one examination of the eyes to determine the need for, and prescription for, corrective lenses per 12-month coverage period, without health plan authorization; and one pair of non-prosthetic eyewear per 12-month coverage period. Vision services are for a 12-month coverage period. The health plan may reasonably limit the cost of frames/lenses. The health plan may require authorization for protective and polycarbonate lenses when medically necessary as part of a treatment plan for covered diseases of the eye. Vision training and vision therapy are excluded.
CHIP Perinatal Program: Vision services are not a covered benefit for the unborn child.
Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Transplant Services Using up-to-date FDA guidelines, all non-experimental human organ and tissue transplants and all forms of non-experimental corneal, bone marrow and peripheral stem cell transplants, including donor medical expenses are covered, if medically necessary. Donor non-medical expenses are not covered. The health plan may require prior authorization.
CHIP Perinatal Program: Transplant services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Tobacco Cessation Programs Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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A health plan-approved tobacco cessation program is covered up to a $100 limit per 12-month coverage period. Tobacco cessation program services are for a 12-month coverage period. The health plan may require prior authorization and use of a formulary.
CHIP Perinatal Program: Tobacco cessation programs are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Chiropractic Services Medically necessary services are limited to spinal sublaxation. Chiropractic services do not require physician prescription and are for a 12-month coverage period. These services are limited to 12 visits per 12-month coverage period (regardless of number of services or modalities provided in one visit). The health plan may require authorization for additional visits.
CHIP Perinatal Program: Chiropractic services are not a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.25. Premiums for private health care insurance coverage (Section 2110(a)(25))
6.2.26. Medical transportation (Section 2110(a)(26)) Emergency ground, air, or water transportation is a covered service.
CHIP Perinatal Program: Medical transportation is not a covered benefit for the unborn child. Ambulance services for labor and threatened labor are a covered benefit for the unborn child. Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.27. Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
6.2.28. Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28)) Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2. The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre- existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Please describe: Previously 8.6
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and (3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above; Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security Act. Describe the community-based delivery system. (Section Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
6.4.2.1. Purchase of family coverage is cost-effective relative to the amounts that the state would have paid to obtain comparable coverage only of the targeted low-income children involved; and (Describe the associated costs for purchasing the family coverage relative to the coverage for the low income children.) (Section 2105(c)(3)(A)) (42CFR 457.1010(a))
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c)) Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well- child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The state has used numerous methods to assure that CHIP beneficiaries receive quality services that are appropriate to their needs. These methods include the following:
Requirement that health plans submit patient-level encounter data to the CHIP External Quality Review Organization (EQRO). The data is analyzed using HEDIS and other benchmarks to assess the provision of well-baby, well-child and immunization services.
Assess health plan delivery of child health services through comprehensive surveys of the enrolled CHIP population.
Requirement that HMOs and EPOs develop and maintain quality assurance and quality improvement programs.
Verification that the HMOs and EPO have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services; telephone appointments; and advice and member service lines.
Restrictions on physician incentive plans.
Requirement that HMOs and EPOs provide training to providers on a number of topics including the special needs of CHIP Phase II clients.
Requirement that HMOs and EPOs have health education and wellness promotion programs.
Requirement that HMOs and EPOs maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
Requirement that HMOs and EPOs develop, implement and maintain a member complaint system.
Requirement that HMOs and EPOs send notice to CHIP beneficiaries on the HMO’s appeals process for services that are denied, delayed, reduced or terminated. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Access to a grievance process to appeal an HMO or EPO action.
In addition to internal monitoring processes, an external quality monitor is used to evaluate quality assurance activities described above for the HMO and EPO models.
To ensure children receive proper well-baby and well-child care and immunizations, HMO and any EPO providers are required to do the following:
Provide children with well-baby and well-child care and immunizations according to the American Academy of Pediatrics or DSHS periodicity schedule for children. Provide well-child care and immunizations to all children except when the family refuses services after being provided accurate and complete information about services.
Ensure that families are provided information and education materials about well-child care and immunizations, especially the importance of well-child checkups, and about how and when to obtain the services.
Provide training to network providers and provider staff about well-child care and immunizations.
Will the state utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. Quality standards Health Plans are encouraged to follow QISMC guidelines and other standards established by the state in the development and maintenance of their Quality Improvement Programs.
7.1.2. Performance measurement Texas is using a variety of performance measures to assess program quality, including pediatric HEDIS measures, ambulatory care sensitive conditions, case-mix adjusted actual versus expected experience rankings, and consumer survey results (including results from the Consumer Assessment of Health Plans Study (CAHPS)).
7.1.3. Information strategies The EQRO produces reports for analysis which focus on the review and assessment of quality of care given by CHIP health plans, detection of over and under-utilization, and other user-defined reporting criteria and standards.
7.1.4. Quality improvement strategies The state requires all CHIP Health Plans to develop and maintain a Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Quality Improvement Program (QIP) system that complies with federal regulations relating to Quality Assurance systems, and state insurance department regulations. Each Health Plan QIP must be approved by the state. Health Plans must conduct focused health studies in areas established by the state. All aspects of the health plans QIP will be monitored by the state. The state will also perform ongoing medical record reviews, and retrospective medical record reviews for health plans.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495) As a means of measuring accessibility, the state has established standard ratios of full-time equivalent PCPs to CHIP beneficiaries and full-time board certified/board eligible pediatricians to CHIP beneficiaries.
Network managers are required to ensure that primary care providers (PCP) are located no more than 30 miles from any member, unless approved by the state. Members are generally not required to travel in excess of 75 miles to secure initial contact with referral specialists; special hospitals, psychiatric hospitals; diagnostic and therapeutic services; and single service health care physicians or providers except when approved by the state. Networks must include pediatricians and physicians with pediatric experience that is adequate to provide eligible children and adolescents with the full scope of benefits.
Network managers are required to demonstrate their ability to monitor network capacity and member access to needed services throughout the geographic service area in order to maintain the adequacy of the network. Managers need to maintain systems for monitoring patient load so that they can effectively plan for future needs and recruit providers as necessary to assure adequate access to primary care and specialty care. Health plan are also required to routinely monitor and ensure the after-hours availability and accessibility of PCPs.
The state requires that networks provide access to urgent care within 24 hours of request and routine care within 2 weeks of request. The state also requires that networks provide medically necessary emergency services 24 hours a day, seven days a week, either by access to the PCP or after-hours coverage through the Health Plan’s network facilities, or through reimbursement of out-of-network providers.
Networks are required to maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
The state tracks network utilization controls and will monitor inpatient admissions, emergency room use, ancillary, and out-of-area services for CHIP network clients.
7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a)) Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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SEE 7.1
7.2.2 Access to covered services, including emergency services as defined in 42 CFR §457.10. (Section 2102(a)(7)) 42CFR 457.495(b)) SEE 7.2
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The state monitors the status of children with special health care needs through quarterly reviews of encounter data and periodic surveys of the CHIP families. When deficiencies are identified, among particular plans, corrective action plans are implemented.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
The state assures decisions related to the prior authorization of health services are completed in accordance with state law by reviewing quarterly member and provider complaint reports, conducting spot audits and completing, with the state's EQRO, a periodic Quality of Care Survey of members.
CHIP health plans are subject to state commercial insurance statutes and regulations regarding utilization review, which contain requirements as stringent as federal provisions. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 8. Cost-sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42CFR 457.505)
8.1.1. YES
8.1.2. NO, skip to question 8.8.
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42CFR 457.505(a), 457.510(b) &(c), 457.515(a)&(c))
8.2.1. Premiums: See costing sharing table. Unborn children are exempt from cost- sharing through the duration of their eligibility period, which is described in Section 4.1.8.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the State may waive or delay collection of enrollment fees at initial application or renewal for families living in FEMA- or Governor- declared disaster areas at the time of a disaster event. If the state elects to delay collection of enrollment fees, eligible individuals will be enrolled prior to payment of the enrollment fee. Families from a disaster county, as declared by the Federal Emergency Management Agency for Hurricane Ike, are allowed a two-month extension to pay the enrollment fee. The two-month extension applies to families that were approved for renewal in August 2008, but that had not paid the enrollment fee. These families must pay the enrollment fee by November 14, 2008 to remain enrolled in CHIP. This provision expires on December 1, 2008.
8.2.2. Deductibles: None.
8.2.3. Coinsurance or co-payments: See costing sharing table. Unborn children are exempt from cost-sharing through the duration of their eligibility period, which is described in Section 4.1.8.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the state may waive co-payments for families living FEMA- or Governor- declared disaster areas at the time of a disaster event.
Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Cost-Sharing Enrollment Fees (for 12-month enrollment period): Charge At or below 150 % of FPL $0 Above 150% up to and including 185% of FPL $35 Above 185% up to and including 200% of FPL $50 Co-Pays (per visit): At or below 100% of FPL Charge Office Visit* $3 Non-Emergency ER $3 Generic Drug $0 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Brand Drug $3 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient $15 Above 100% up to and including 150% of FPL Charge Office Visit* $5 Non-Emergency ER $5 Generic Drug $0 Brand Drug $5 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $35 Above 150% up to and including 185% of FPL Charge Office Visit* $20 Non-Emergency ER $75 Generic Drug $10 Brand Drug $35 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $75 Above 185% up to and including 200% of FPL Charge Office Visit* $25 Non-Emergency ER $75 Generic Drug $10 Brand Drug $35 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $125 *The office visit co-payment amounts also apply to non-preventive dental visits.
8.2.3.8.2.4. Other: None.
8.3. Describe how the public will be notified, including the public schedule, of this cost- sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)((1)(B)) (42CFR 457.505(b))
Outreach materials reference cost-sharing requirements. The administrative services contractor provides information to CHIP families about the required enrollment fee and co-payments for services. Health plans and dental plans also include information on co-payments in member handbooks sent to CHIP beneficiaries once enrolled.
8.4. The state assures that it has made the following findings with respect to the cost- sharing in its plan: (Section 2103(e))
8.4.1. Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42CFR 457.530) Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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8.4.2. No cost-sharing applies to well-baby and well-child care, including age-appropriate immunizations. (Section 2103(e)(2)) (42CFR 457.520)
8.4.3 No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42CFR 457.515(f))
8.5. Describe how the state will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the state for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
Families receive information during the enrollment process on how to track and report their cost-sharing expenditures. Texas uses a five percent aggregate cap per 12-month term of coverage (see section 8.2.3).
When a family is near their cap on out-of-pocket cost-sharing, they submit a form to the CHIP administrative services contractor, which in turn, notifies the member’s health and dental plans. The health and dental plans send the member a new membership card that indicates no cost-sharing is required through the end of that member’s enrollment period.
In addition to seeing the member’s membership cards (which would indicate no cost- sharing required if the cap has been reached), providers can also access a toll-free line operated by the CHIP administrative services contractor that provides eligibility information.
8.6 Describe the procedures the state will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42CFR 457.535)
American Indian and Alaska Native applicants identify themselves on the application. The administrative services contractor uses special identifying codes for American Indians and Alaska Natives. This code ensures that American Indians and Alaska Natives are not charged an enrollment fee. The American Indian and Alaska Native identifiers are transmitted electronically to the health and dental plans. Under the State’s contract, the health and dental plans are prohibited from assessing co- payments for American Indians and Alaska Natives. Health and dental plan Member ID cards for American Indians and Alaska Natives must show that they owe no co- payments for services. The health and dental plans also are contractually required to educate providers about the cost-sharing waiver for American Indians and Alaska Natives.
8.7 Please provide a description of the consequences for an enrollee or applicant who Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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does not pay a charge. (42CFR 457.570 and 457.505(c))
New enrollees must pay the enrollment fee prior to enrollment in the program. Families renewing coverage have until cut-off of the first month of the new 12- month coverage period to pay the enrollment fee, unless an extension is authorized under Section 8.2.1. Cut-off is usually 10-15 days prior to the end of the month. As long as payment is received by the cut-off date, no lapse in coverage is experienced. If the family fails to pay the enrollment fee by cut-off of the first month of the new 12-month coverage period and an extension is not authorized under Section 8.2.1, the family will be sent a disenrollment letter.
An applicant or member may request a review of a suspension or termination of enrollment, including disenrollment for failure to meet cost-sharing obligations. If the family wishes to request a review, the family must submit a timely written request. HHSC will complete its decision on the review in a timely manner as specified in 42 C.F.R. 457.1160 and furnish a written decision to the family. The decision is final and there are no further appeals.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the State may waive or delay collection of enrollment fees in accordance with Sections 8.21 and 8.2.3.
8.7.1 Please provide an assurance that the following disenrollment protections are being applied: State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, co-payments, coinsurance, deductibles or similar fees prior to disenrollment. (42CFR 457.570(a))
The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non-payment of cost-sharing charges. (42CFR 457.570(b))
In the instance mentioned above, the state will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42CFR 457.570(b))
The state provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42CFR 457.570(c))
8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e))
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8.8.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2. No cost sharing (including premiums, deductibles, co-pays, Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.8.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475) NOT COVERED.
8.8.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475) NOT COVERED. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Performance Goal A: Compare annual data of the number and percent of children enrolled in CHIP to the estimated number of potentially CHIP eligible children in the state.
Performance Goal B: Track participation by county, age, and racial/ethnic groups.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Performance Goal A: Track number and percentage of CHIP-coverage children with completed immunizations at end of middle school (approximately 12-14 years of age).
Performance Goal B: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
Performance Goal A: Track number and percentage of CHIP-coverage Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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children receiving well child checkups by county, age, and racial/ethnic groups.
Performance Goal B: Track number and percentage of CHIP-coverage children receiving emergency services by county and age.
Performance Goal C: Track number and percentage of CHIP-coverage children having hospital discharges by county and age.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A), (B)) (42CFR 457.710(d))
The strategic objectives and performance goals of the Title XXI CHIP program have been initiated for the first biennium based on the principal desire of the state to plan and implement a successful CHIP program in Texas. In order to be successful, the program design includes significant attention to outreach, eligibility determination, enrollment, and the participation of providers and children.
The state developed four strategic objectives to measure access, service provision, quality of care and health resources utilization as a means of evaluating the health status of children in the CHIP program. Data have been obtained from managed care plans, medical records and surveys. Health plan patient-level encounter data have been analyzed using case-mix adjustment process, including the Chronic Illness and Disability Payment System (CDPS) and Ambulatory Care Groups (ACGs) frameworks. In addition, the state has used encounter data to assess health plan performance on child and adolescent HEDIS measures. The state has also completed three enrollee surveys, including a survey of New Enrollees, Disenrollees, Established Enrollees Consumer Assessment of Health Plans Survey (CAHPS) of each health plan by service area.
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. The reduction in the percentage of uninsured children.
9.3.3. The increase in the percentage of children with a usual source of care.
9.3.4. The extent to which outcome measures show progress on one or more Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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of the health problems identified by the state.
9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19.
9.3.6. Other child appropriate measurement set. List or describe the set used.
9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as:
9.3.7.1. Immunizations
9.3.7.2. Well-child care
9.3.7.3. Adolescent well visits
9.3.7.4. Satisfaction with care (Surveys)
9.3.7.5. Mental health
9.3.7.6. Dental care
9.3.7.7. Other, please list:
9.3.8. Performance measures for special targeted populations. [Children with Special Health Care Needs (CSHCN) Screener questions included in Surveys]
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
Texas will develop the necessary data sources and baselines with which to assess and evaluate program performance consistent with Title XXI requirements and the requirements of day-to-day program management. HHSC will dedicate staff or contracted resources to review program Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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performance and develop strategies for improvement
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards)
9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4. Section 1132 (relating to periods within which claims must be filed)
9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The state has actively sought the involvement of the public in the development of the Texas CHIP Phase II program through numerous avenues. The Lieutenant Governor established the Senate Interim Committee on Children’s Health Insurance in March 1998, which heard extensive testimony during the summer from the public on the policy options and recommendations for CHIP. The Texas House Committee on Appropriations and the Texas House Committee on Public Health also participated in joint public hearings on CHIP with the Senate Interim Committee. Hearings were widely publicized through the Texas Register, media advisories, Internet web sites, and targeted mailings to advocacy groups. State agency representatives have met on a regular basis with legislative staff to gain legislative input on the development of draft proposals.
In addition to legislative public hearings, the Health and Human Services Commission, in collaboration with the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental Health and Mental Retardation held 10 public hearings around the state throughout the fall of Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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1998 and early in 1999. The state made a concerted effort to attract families, providers, health officials, advocates, community-based organizations, and other community representatives to these hearings, specifically by working with state and local CHIP Coalitions representing a broad range of consumer and provider interests. Public hearings were held in late afternoon – early evening to better allow family members to attend. The state also hosted local discussions at each of the public hearing sites to establish community linkages and gain community input on local outreach strategies and other topics in a more informal setting. Local advisory groups are used to provide ongoing direction and input on outreach strategies for Texas CHIP.
A number of advocacy groups in Texas formed the CHIP Coalition in Spring 1998. State representatives meet regularly with the CHIP Coalition, making presentations on various aspects of the program design and seeking feedback throughout the development process. The state used the CHIP Coalition to provide input and guidance on program components as Texas CHIP was implemented. The Sstate also meets with the Disability Policy Consortium, which represents statewide disability advocacy groups, to discuss developments in Texas CHIP.
State representatives meet with state provider organizations, such as the Texas Medical Association and the Texas Hospital Association. State staff present at numerous provider conferences and meetings. Continued involvement of these organizations is essential in the operation of Texas CHIP.
Public involvement in implementation of Texas CHIP was ensured through state agencies’ rule-making processes and through public participation in outreach efforts. In addition, regional advisory committees with broad representation across provider and consumer groups and including parents of CHIP enrollees were formed to provide advice on program policy, management, and outreach.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR §457.125. (Section 2107(c)) (42CFR 457.120(c))
HHSC requires health plans and dental plans to seek participation in its provider network from the tribal health clinics.
American Indian and Alaska Native children are exempt from cost sharing.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in §457.65 (b) through (d).
CHIP Program changes related to the time period for payment of cost sharing obligations – This amendment increases the amount of time that Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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enrollees have to pay the enrollment fee upon renewal of their coverage. Prior public notice was provided through:
Posting of a notice in the Texas Register regarding the submission of the CHIP state plan amendment, including contact information to obtain a copy of the amendment.
CHIP Program Changes related to extension of coverage for Prenatal Care and Associated Health Care Services:
Public input was sought through meetings with interested stakeholders such as the Texas Hospital Association, the Texas CHIP Coalition, and the Texas Association of Health Plans.
Eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee and the Texas Health and Human Services Commission Agency Council.
Public testimony was taken at both meetings, and an additional public hearing was held on November 1, 2005.
Public notice was also submitted to the Texas Register.
CHIP Program Changes related to HB 109, 80th Legislature, Regular Session, 2007:
Public testimony on H.B. 109 was received during legislative hearings held on March 1, 2007, March 8, 2007, and May 17, 2007.
Public input was sought through meetings with interested stakeholders, including the meeting with the Texas CHIP Coalition on June 8, 2007. Additional public input was sought through a meeting with the Texas CHIP Coalition on June 15, 2007.
Proposed eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee on June 14, 2007, and to the Texas Health and Human Services Commission Council on June 21, 2007. Both meetings were open to the public.
The eligibility and cost sharing rules were published in the Texas Register on July 6, 2007, with a 30-day public comment period.
A public hearing was held on the proposed rules on July 19, 2007.
A public notice was submitted to the Texas Register in July 2007 regarding the State’s intent to submit the state plan amendment to CMS. The public will be able to request copies of the proposed state plan amendment.
CHIP income exemption for temporary census employees:
A public notice was submitted to the Texas Register for publication in September 2008 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Notification was provided to the three Native American tribes in Texas in September 2008.
Notification was provided to the Texas CHIP Coalition in September 2008.
CHIP eligibility expansion for Qualified Aliens:
A public notice was submitted to the Texas Register for publication in May 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Notification was provided to the three Native American tribes in Texas in May 2010.
Notification was provided to stakeholders, including the Texas CHIP Coalition in May 2010.
CHIP changes for hospice care:
A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Notification was provided to the Native American tribes in Texas in August 2010.
Notification was provided to the Texas CHIP Coalition in August 2010.
CHIP Perinatal Program to deem newborns to Medicaid for 12 continuous months of coverage if the family income is at or below 185 percent of FPL:
Public notice was mailed to interested stakeholders on April 13, 2010.
Public notice of the proposed amendment was published in the Texas Register on April 23, 2010. The public can request copies of the state plan amendment.
Proposed eligibility rules were presented to the Texas Health and Human Services Commission Council in a meeting held on April 29, 2010. This meeting was open to the public.
Notification was provided to the three Native American tribes in Texas in August 2010.
CHIP method of finance change to provide federal matching funds for the children of public school employees:
A public notice was submitted to the Texas Register for publication in January 2011 regarding the State’s intent to submit the state plan
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amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Notification was provided to the three Native American tribes in Texas in January 2011.
Notification was provided to the Texas CHIP Coalition in January 2011.
CHIP changes for behavioral health benefits and cost-sharing:
A public notice was be submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Notification was provided to the three Native American tribes in Texas in September 2010.
Notification was provided to the Texas CHIP Coalition in September 2010.
CHIP change to provide federal matching funds for public employee children:
A public notice was submitted to the Texas Register for publication in June 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Notification was provided to the three Native American tribes in Texas in June 2011.
Notification was provided to the Texas CHIP Coalition in June 2011.
CHIP dental program and cost-sharing changes:
A public notice was submitted to the Texas Register for publication in October 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Notification was provided to the three Native American tribes in Texas in October 2010.
Notification was provided to the Texas CHIP Coalition in October 2010.
The Texas Dental Association was provided notice in October 2010.
A public notice was submitted to the Texas Register for publication in July 2011 regarding the State’s intent to submit a revised state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment.
Updated notification was provided to the three Native American tribes in Texas in July 2011. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Updated notification was provided to the Texas CHIP Coalition in July 2011.
The Texas Dental Association was provided updated notice in July 2011.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
Planned use of funds, including -- - Projected amount to be spent on health services; - Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and - Assumptions on which the budget is based, including cost per child and expected enrollment.
Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees.
CHIP Budget Plan Enhanced FMAP rate (state share)
Federal Fiscal Year 2012 Costs 0.2925 Benefit Costs
Managed Care Premiums
Per member/per month rate times the number of eligibles CHIP 1,004,495,903 Per member/per month rate times the number of eligibles Medicaid* 44,577,589 Fee for Service:
Prescription Drugs CHIP 172,515,717 Prescription Drugs Medicaid* 7,721,240 Total Benefit Costs 1,229,310,449 (Offsetting beneficiary cost sharing payments) (5,106,028) Net Benefit Costs 1,224,204,421
Administration Costs
Eligibility Enrollment and Outreach 61,305,850 Other Administration 11,755,091 Subtotal 73,060,941
Total Administration Costs 73,060,941 10% Administrative Cost Ceiling (benefits-cost share)/9) 136,022,713 Federal Share (multiplied by EFMAP rate) 917,815,244 State Share 379,450,118 TOTAL PROGRAM COSTS
1,297,265,362 Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Notes: The Federal Fiscal Year (FFY) runs from October 1st through September 30th. Members per Month and PMPM assumptions are derived from the FFY11 updated Spring forecast. Client Service cost include HMO/EPO Premiums, Dental, Vaccines, and Prescription Drugs.
Average Monthly Caseload for Federally-Funded CHIP (Traditional): FFY 2012 = 563,046 (this includes caseload for public employee children of 12,131).
The PMPM assumptions are $94.80 for premiums, $19.62 for Dental, $2.69 for Vaccines, and $25.51 for Prescription Drugs.
Average Monthly Caseload for the Federally-Funded CHIP Perinate program: FFY 2012 = 38,217. The PMPM assumptions are $463.94 for premiums, $0.01 for dental, and $0.40 for vaccines.
* Average Monthly Caseload for Qualified Aliens in Medicaid (using Title XXI): FFY 2012 = 20,259. The PMPM assumptions are $183.36 for premiums and $31.76 for prescription drugs.
Qualified Aliens in Medicaid do not pay cost sharing.
The State's funding sources include State Tobacco Funds, General Revenues, Rebates, and Cost Sharing.
Assumptions:
Benefit costs represent payments to health providers for providing health care services to CHIP enrollees. These cost estimates are based upon the yearly mean average of enrollees and the average cost per enrollee per month. Administration costs represent the cost of eligibility determination and enrollment services, outreach, quality assurance efforts by the agency, audits, and actuarial work. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1), (2)) (42CFR 457.750) 10.1.1. The progress made in reducing the number of uncovered low- income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements. 10.3.1. The state assures that it will submit yearly the approved dental benefit package and submit quarterly the required information on dental providers in the state to the Human Resources and Services Administration for posting on the Insure Kids Now! website. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents)
11.2.2. Section 1124 (relating to disclosure of ownership and related information)
11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals)
11.2.4. Section 1128A (relating to civil monetary penalties)
11.2.5. Section 1128B (relating to criminal penalties for certain additional charges)
11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program) Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR §457.1120.
The HHSC review process described below is an impartial review performed by an HHSC unit that is separate from the unit that determines eligibility.
In 2007, a HHSC Request for Review unit was formed which consists of a manager and ten review specialists. This unit works independently of other CHIP Operations or Enrollment Broker Operations. No one in this review unit is directly involved in the initial eligibility determination. These review specialists are not involved in the eligibility determinations that they are responsible for reviewing; they are also not involved in any initial eligibility determination.
CHIP eligibility and enrollment is initially determined by the administrative services contractor. If the family disagrees with the outcome, the family submits a written Request for Review by mail or fax to HHSC.
A HHSC review specialist makes a decision that the RFR is either denied or approved and the family is notified of the decision by letter.
Objective decisions are ensured by the unit’s independence from staff performing eligibility determinations. The review staff have no role in managing the vendor or measuring their performance and have no role in initial eligibility determinations. Persons who were directly involved “in the matter under review” do not participate in the review process. Additionally, the HHSC Office of Family Services Quality Assurance team completes audits to ensure requests for reviews were handled timely and accurately.
Eligibility and Enrollment Matters Review Process
1) Matters Subject to Review. An applicant or member may request a review of an initial adverse determination made by HHSC or its administrative contractor concerning the following:
a) denial of eligibility;
b) failure to make a timely determination of eligibility; and Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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c) suspension or termination of enrollment (including disenrollment for failure to meet cost sharing obligations).
2) Matters Not Subject to Review. HHSC is not required to provide an opportunity for review if the sole purpose for the decision is:
a) a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment; or
b) a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
Notice of Adverse Determinations
HHSC or its designee will provide the applicant or member written notice of any adverse eligibility or enrollment determination. The notice must include:
1) the action or determination and the reasons therefore;
2) the individual’s right to request review of the action or determination;
3) the process for initiating a review;
4) the time frame that applies to the review; and
5) the circumstances under which enrollment, if applicable, may continue pending review.
Requesting a Review
The applicant or member must submit a timely written request for review.
Conduct of the Review
Applicants and members have a right to:
1) represent themselves or have representatives of their choosing participate in the review;
2) timely review their files and other applicable information relevant to the review; and
3) participate fully in the review, including by presenting supplemental information in the review process, whether the review is conducted in person, in writing, or by telephone. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 74 Effective Date: March 1, 2012 Approval Date: August 5, 2011
Disposition of the Review
Timely Review. HHSC or its designee will complete its decision on the review in a timely manner as specified in 42 C.F.R. 457.1160 and furnish a written decision to the applicant or member. This decision is final and there are no further appeals.
Expedited Review. If HHSC or its designee becomes aware that an enrollee’s medical condition requires an immediate need for health services, HHSC or its designee will conduct an expedited review.
Continuation of Enrollment Pending Disposition of Review and Reconsideration
If an enrollee files a timely request for review of a suspension or termination of enrollment, HHSC or its designee will grant continuation of enrollment pending the review decision.
Timelines for Reviews
1) Families have 30 working days from date of notification letter to submit an appeal concerning HHSC’s decision to deny eligibility or disenroll. 2) HHSC has 10 working days after receiving appeal (in writing) to respond with a notice that the decision has been upheld or has been reversed. 3) Families have 15 working from date of response letter to submit written request for additional HHSC review. 5) HHSC has 15 working days to respond to family of the decision. Health Services Matters 12.2 Please describe the review process for health services matters that complies with 42 CFR §457.1120.
HHSC requires health insurers to comply with State-specific grievance and appeal requirements currently in effect in the State. State laws concerning adverse determinations are found in the Texas Insurance Code, Chapter 843, subchapters G and H, and Chapter 4201.
Health Services Matters subject to review are:
1) delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and
2) failure to approve, furnish or provide payment for health services in a timely Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
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Model Application Template for the State Children’s Health Insurance Program 75 Effective Date: March 1, 2012 Approval Date: August 5, 2011
manner.
Matters Not Subject to Review. HHSC is not required to provide an opportunity for review if the sole purpose for the decision is a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment, or a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
Complaints Concerning Health Services Matters Pursuant to Insurance Code
A member, or a person acting on the member’s behalf, or the member’s physician or health care provider may file a complaint about an adverse determination made by a health plan provider pursuant to the provisions of the Texas Insurance Code Chapter 843, subchapters G and H, and Chapter 4201.. Such a complaint may lead to review by an independent external review organization formed pursuant to Chapter 4202 of the Texas Insurance Code.
Expedited Process for Complaints Concerning Health Services Matters
Investigation and resolution of complaints concerning health services matters must be concluded in accordance with the medical needs of the patient.
Member Complaint and Appeal Process
The review process for health services matters is a Statewide Standard Review. All health and dental plans must have an internal appeals procedure to allow members to complain and appeal “adverse determinations,” which are decisions made by: (1) a health plan that health care services provided or proposed to be provided to a member are not medically necessary or appropriate, or (2) a dental plan that the dental services provided or proposed to be provided to a member are not dentally necessary or appropriate.
The health and dental plans must ensure that member appeals are generally resolved within 30 calendar days. After a member exhausts his or her appeal rights within the health or dental plan, the member can request an Independent Review Organization (IRO) to review the denial and make a determination.
Premium Assistance Programs
12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR §457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility. Disaster relief SPA effective date: August 25, 2017 Approval date: August 31, 2017
(spa)(tx-18-0042)(approval-package)Texas CHIP SPA TX-18-0042: Approval Package (approved September 15, 2022, effective September 1, 2017)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: State Plan Amendment (SPA) #: This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages Texas TX-18-0042
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850
Children and Adults Health Programs Group
September 15, 2022 Stephanie Stephens Medicaid Director, Medicaid/CHIP Division Medical and Social Services State of Texas, Health and Human Services Commission 4601 W. Guadalupe St. Austin, TX 78751 Dear Ms. Stephens: Your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA), TX- 18-0042, submitted on July 31, 2018, has been approved. This SPA implements mental health parity requirements to ensure that financial requirements (FRs) and treatment limitations applied to mental health (MH) and substance use disorder (SUD) benefits are no more restrictive than those applied to medical/surgical (M/S) benefits. Except as otherwise noted below, this SPA has an effective date of September 1, 2017.
Section 2103(c)(7)(A) of the Social Security Act (the Act), as implemented through regulations at 42 CFR 457.496(d)(3)-(5), requires states that provide both M/S and MH/SUD benefits to ensure that FRs and treatment limitations applied to MH/SUD benefits covered under the state child health plan are consistent with the mental health parity requirements of section 2705(a) of the Public Health Service Act, in the same manner that such requirements apply to a group health plan. Texas demonstrated compliance by providing the necessary assurances and supporting documentation that the state’s application of FRs and non-quantitative treatment limitations to MH/SUD benefits are consistent with section 2103(c)(7)(A) of the Act.
In response to CMS feedback and to comply with parity requirements, effective September 1, 2021, one of the state’s managed care organizations (MCO) eliminated the concurrent review process that was previously applicable to MH/SUD partial hospitalization, but not applicable to any M/S outpatient benefits. In place of concurrent review, the MCO will now apply prior authorization to partial hospitalization services, ensuring parity with other MH/SUD and M/S outpatient services. The health plan is also providing education to staff to ensure the review process for prior authorization applied to partial hospitalization services is the same as that for the other MH/SUD and M/S outpatient benefits.
In addition, the state suspended MH/SUD office visit copays effective March 13, 2020 due to the pandemic, and will permanently eliminate office visit copays and residential treatment copays effective July 1, 2022 to comply with parity requirements.
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Page 2 – Ms. Stephanie Stephens
This approval relates only to benefits provided under the CHIP state plan; Medicaid benefits will be analyzed separately.
Your title XXI project officer is Ticia Jones. Ms. Jones is available to answer questions concerning this amendment and other CHIP-related issues. Ms Jones’ contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid & CHIP Services 7500 Security Boulevard, Mail Stop: S2-01-16 Baltimore, MD 21244-1850 Telephone: (410) 786-8145 Ticia.Jones@cms.hhs.gov
If you have any questions, please contact Meg Barry, Director, Division of State Coverage Programs, at (410) 786-1536. We look forward to continuing to work with you and your staff.
Sincerely,
Sarah deLone Director /Signed by Sarah deLone/
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Model Application Template for the State Children’s Health Insurance Program 1 Effective Date: September 1, 2017 Approval Date: September 14, 2022
MODEL APPLICATION TEMPLATE FOR OMB #: 0938-0707 Exp. Date:
STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
Preamble
Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (CHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment.
This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements, as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI.
The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments.
Form CMS-R-211
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Model Application Template for the State Children’s Health Insurance Program 2 Effective Date: September 1, 2017 Approval Date: September 14, 2022
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory: Texas
(Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR, 457.40(b))
Cecile Young
(Signature of Governor, or designee, of State/Territory, Date Signed)
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)): Name: Stephanie Stephens Position/Title: Chief Medicaid and CHIP Services Officer Name: Trey Wood Position/Title: Deputy Executive Commissioner of Financial Services Name: Position/Title:
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14-26, Baltimore, Maryland 21244.
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Model Application Template for the State Children’s Health Insurance Program 3 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101)
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70):
1.1.1. Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR 1.1.2. Providing expanded benefits under the state’s Medicaid plan (Title XIX); OR
1.1.3. A combination of both of the above.* * Phase I children (Medicaid “Phase-In” children) covered under the original Texas CHIP state plan have been completely phased in to Medicaid as an eligibility group. However, the state would reserve the right to continue to claim FMAP for any outstanding and unpaid Medicaid claims for that group for dates of service prior to their conversion to a regular Medicaid FMAP group.
1.2 Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130)
1.4 Please provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this plan or plan amendment (42 CFR 457.65):
Effective dates: See below.*
Implementation date: May 1, 2000 (CHIP Phase II)
* The Compliance SPA amendment, approved May 5, 2003, reformatted Texas’ previous CHIP state plan covering Phase I and Phase II children. In general, the effective date(s) are the same as the original CMS-approved effective dates for Phase I (Medicaid coverage for phase-in children) and Phase II (separate, state-designed CHIP coverage up to 200 percent FPL).
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Model Application Template for the State Children’s Health Insurance Program 4 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Subsequent amendments to the original CHIP state plan (related to the Phase II program) were incorporated into the new state plan template, and are effective per their CMS-approved effective dates. The amendments to date are listed below:
CHIP Method of Finance Change – Approved December 13, 2001, Effective September 1, 2001. CHIP Cost-sharing Changes- Approved May 1, 2002, Effective March 1, 2002. CHIP Car Seat Initiative- Approved November 25, 2002, Effective June 15, 2002. CHIP Community Health Worker Initiative – Approved May 5, 2003, Effective May 5, 2003. CHIP Program Changes related to actions of the 78th Texas Legislature – Approved July 25, 2003, Effective September 1, 2003. CHIP Program Changes related to Community Health Worker Initiative – Approved November 18, 2004, Effective August 1, 2004. CHIP Restoration of Medical Benefits – Approved May 26, 2006, Effective September 1, 2005. CHIP Cost-sharing Changes – Approved May 10, 2006, Effective January 1, 2006. CHIP Restoration of Dental Benefits – Approved December 23, 2005, Effective April 1, 2006. CHIP Program changes related to the time period for payment of cost- sharing obligations – Approved January 18, 2007, Effective August 1, 2006. CHIP Program changes related to the CHIP Perinatal Program – Approved June 2, 2006, Effective September 1, 2006. CHIP Program changes related to Applicant and Enrollee Protections – Approved September 24, 2007, Effective May 1, 2007. CHIP Program changes related to HB 109, 80th Legislature, Regular Session, 2007 – Approved December 28, 2007, Effective September 1, 2007. CHIP Program changes related to dental benefits – Approved November 8, 2007, Effective September 1, 2007. CHIP extension for enrollment fee payments for Hurricane Ike – Approved October 30, 2008, Effective September 7, 2008. CHIP income exemption for temporary census employees – Approved October 30, 2008, Effective October 1, 2008. CHIP Program changes applying payment requirements consistent with the Medicaid prospective payment system for federally qualified health centers and rural health clinics, Approved October 25, 2010, Effective October 1, 2009. CHIP eligibility expansion for qualified aliens under age 19, Approved February 11, 2011, Effective May 1, 2010.
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Model Application Template for the State Children’s Health Insurance Program 5 Effective Date: September 1, 2017 Approval Date: September 14, 2022
CHIP Program change related to hospice care, Approved October 25, 2010, Effective August 1, 2010. CHIP Perinatal Program changes allowing eligible unborn children to receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid, Approved October 25, 2010, Effective September 1, 2010. CHIP method of finance change to provide federal matching funds for public school employee children, Approved February 11, 2011, Effective September 1, 2010. CHIP changes for behavioral health benefits and cost-sharing, Approved October 25, 2010, Effective March 1, 2011. CHIP change to provide federal matching funds for public employee children, Approved July 27, 2011, Effective September 1, 2011. CHIP Program change related to the dental program and cost-sharing, Approved August 5, 2011, Effective March 1, 2012. CHIP update to the electronic system processes used to determine CHIP eligibility, Effective September 1, 2013. CHIP change incorporating approved Modified Adjusted Gross Income (MAGI) Conversion Plan to cost-sharing bands, Effective January 1, 2014. CHIP changes incorporating Affordable Care Act state plan templates and deleting pages superseded by templates, and eliminating resources, Effective September 1, 2016. CHIP updates to the enrollment process for continuity of care, Effective October 1, 2016 CHIP updates to provisions for implementing temporary adjustments to eligibility and enrollment policies for application and redetermination, and cost-sharing requirements for children in families living in in Federal Emergency Management Agency (FEMA) or Governor declared disaster areas at the time of the disaster event: In the event of a disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies for application and redetermination policies and cost-sharing requirements, the effective dates of such adjustments, and the counties/areas impacted by the disaster, Approved August 31, 2017, Effective August 25, 2017. CHIP updates to the payment methodology for Federally-Qualified Health Centers and Rural Health Centers. Approved March 20, 2020, Effective April 1, 2018.
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Model Application Template for the State Children’s Health Insurance Program 6 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Superseding Pages of MAGI CHIP State Plan Material
Transmittal Number SPA Group PDF Description Superseded Plan
TX-14-0032 Effective/Implementation Date: January 1, 2014 MAGI Eligibility & Methods CS7 Eligibility- Targeted Low Income Children Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3 CS9 Eligibility-Coverage from Conception to Birth Supersedes the current section Age 4.1.1; 4.1.2.1; and 4.1.3 CS10 Eligibility-Children who have access to Public Employee Coverage Hardship Exception Supersedes the current section 4.4; 4.4.1; 4.4.2; and 4.4.3 Appendix: Supersedes current documentation CS15 MAGI-Based Income Methodologies Incorporate within a separate subsection under section 4.3 TX-14-0033 Effective/Implementation Date: January I, 2014 XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedesthe current Medicaid expansion section 4.0 TX-14-0034 Effective/Implementation Date: January 1, 2014 Establish 2101(t) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of lncome Disregards Incorporate within a separate subsection under section 4.1 TX-14-0038 Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4
TX-14-0036 Effective/Implementation Date: January 1, 2014 Non- Financial Eligibility CS17 Non-Financial- Citizenship Supersedes the current section 4.1.5 CS18 Non-Financial Eligibility- Residency Supersedes the current sections 4.1.; 4.1.10. CS19 Non-Financial- Social Security Number Supersedes the current section 4.1.9. CS20 Substitution of Coverage Supersedes the current section 4.4.4 CS21 Non-Financial Eligibility- Non- Payment ofPremiums Supersedes the current section 8.7 CS27 Continuous Eligibility Supersedes the current section 4.1.8
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Model Application Template for the State Children’s Health Insurance Program 7 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)-(B))
2.1. Describe the extent to which, and manner in which, children in the state including targeted low-income children and other classes of children, by income level and other relevant factors, such as race and ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, make a distinction between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (42 CFR 457.80(a))
The Texas State Data Center projects that in 2007 the population of children under age 19 in Texas will reach 6,731,000. The projected race/ethnic distribution is as follows: 2,613,000 (38.8 percent) Anglo; 822,000 (12.2 percent) African American; 3,054,000 (45.4 percent) Hispanic; and 242,000 (3.6 percent) for all other groups. The March 2006 Current Population Survey (CPS) is the source for the most recent official estimates for poverty and health insurance coverage in Texas. The estimates are for calendar year 2005. The survey indicates that in 2005 about 3.7 million (16.2 percent) of Texans had incomes below the federal poverty level (FPL). That total includes approximately 1.5 million children under age 19. The survey also indicates that in 2005 nearly 3.2 million (47.7 percent) of the 6.7 million children under age 19 were in families with incomes at or below 200 percent of FPL. For 2005, the health insurance coverage status of Texas children under age 19 is estimated as follows*:
Health Insurance Coverage in 2005: Texas Children Under Age 19
Insurance Type Number of Children Percent of Children Medicaid/CHIP/Medicare 1,913,000 28.42% Private 3,524,000 52.35% Uninsured 1,294,000 19.22% Total 6,731,000 100%
Medicaid is the public health insurance program generally available in Texas. There are several public-private partnerships in the State (see 2.2.2 below).
For 2005, the estimated number of uninsured Texas children under age 19 according to age group is as follows*
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Model Application Template for the State Children’s Health Insurance Program 8 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Uninsured Texas Children in 2005 by Age Group
Age Group
Number of Children Number of Percent of Uninsured Children
For 2005, the estimated distribution of uninsured children under age 19 according to percent of poverty income category is as follows*:
Uninsured Texas Children Under 19 in 2005 by Percent of Poverty Income Category
Percent of Poverty Category Number of Uninsured Children Percent of Children Uninsured 0 – 100% 382,000 29.52% 101 – 150% 282,000 21.79% 151 – 200% 235,000 18.16% Above 200% 395,000 30.53% Total 1,294,000 100%
For 2005, the estimated distribution of uninsured children according to age group and percent of poverty income category is as follows*:
Uninsured Texas Children in 2005 by Age and Percent of Poverty Income Category
Age Category 0 – 100% 101 – 150% 151 – 200% Above 200% Total 0 – 5 134,000 69,000 64,000 144,000 411,000 6 – 14 163,000 133,000 106,000 154,000 556,000 15 – 18 85,000 80,000 66,000 97,000 327,000 0 – 18 382,000 282,000 235,000 395,000 1,294,000 Children Uninsured 0 – 5 2,206,000 411,000 18.63% 6 – 14 3,131,000 556,000 17.76% 15 – 18 1,394,000 327,000 23.46% 0 – 18 6,731,000 1,294,000 19.22%
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Model Application Template for the State Children’s Health Insurance Program 9 Effective Date: September 1, 2017 Approval Date: September 14, 2022
* The sums across some categories may not add up exactly to the total due to rounding. The poverty and health insurance estimates apply to the segment of the population for whom poverty income status was determined. Poverty income status was determined based on the reported annual household/family income.
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
The Texas Health and Human Services Commission (HHSC), which has oversight responsibilities for the four other health and human services agencies, is responsible for the administration of certain programs, including the Texas Medicaid program and CHIP. Children are identified and enrolled in Medicaid or CHIP through a variety of mechanisms.
Enrollment Applications are processed in local eligibility offices, hospitals, and clinics throughout the State, and by the administrative services contractor.
Families may apply online, by phone, or in person. For a paper application, families may access and print the application online or by calling a toll-free number to request that an application be mailed to them. They may then submit the completed application and supporting documentation by mail, fax, or in person.
HHSC processes all applications when families apply for children’s health care benefits (Medicaid/CHIP) and other related programs (e.g., Medicaid for adults, Temporary Assistance for Needy Families (TANF)). Applications eligible for CHIP are electronically transmitted to the administrative services contractor to complete the enrollment process. Identification HHSC identifies children who are eligible to participate in Medicaid or CHIP through the following resources:
Out-stationed Eligibility Staff - HHSC outstations eligibility workers in clinics and hospitals. This staff perform eligibility functions as well as screening functions for potential Medicaid and CHIP eligible individuals. There are approximately 300 eligibility workers out-stationed in 190 facilities. The number of out-stationed eligibility staff in a facility is a function of the volume of eligibility determinations made at the facility. In some cases, disproportionate share hospitals (DSH) and Federally Qualified
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Model Application Template for the State Children’s Health Insurance Program 10 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Health Centers (FQHCs) fund the state share of salary and benefits costs associated with staff above and beyond those required by federal law. Facilities that are not DSH hospitals or FQHCs can contract with HHSC for eligibility specialists and appropriate support staff to be placed in the facility. Under these contracts, the facilities also reimburse HHSC for the state share of the employee's salary and benefits.
HHSC Office of the Ombudsman Texas Works Hotline (1-800-252-9330) - The Hotline primarily handles complaints concerning Food Stamps, Medicaid or temporary cash assistance (TANF). However, when a client calls and relays information about potential eligibility, or inquiries about programs for which they may be eligible, the client is referred to the correct local office or, if appropriate, to a designated regional contact.
HHSC Office of the Ombudsman (1-877-787-8999) - Clients and potential clients who call HHSC State Office are referred to the Office of the Ombudsman. Some of these calls may be from potential clients asking for instructions/assistance in applying for benefits. Callers are referred to local HHSC offices as appropriate. Texas Medicaid Healthcare Partnership (TMHP) Client Hotline (1-800-335- 8957 and 1-800-252-8263) - The hotline handles Medicaid client issues pertaining to the status of Medically Needy cases, billing questions, and Medicaid program benefits, as well as contact information for the Medical Transportation Program, Texas Health Steps (Texas’ EPSDT program) services, and for HIPAA privacy violations. Blue Pages Listings - Current information for local HHSC offices is contained in local telephone directories in the government blue pages section. This information is broken down by program and is updated as needed. Worldwide Web Sites - HHS maintains an agency home page that contains information about what types of benefits are available throughout the agency. The YourTexasBenefits.com website provides a searchable listing of local offices and the services available at each of these offices. Food Stamps – Individuals applying for food stamps are tested for eligibility for Medicaid during the same interview. Newborns of Medicaid Eligible Mothers - Enrollment in Medicaid is automatic for the majority of newborns of Medicaid-eligible mothers. When the medical facility notifies HHSC about the birth of the child to a Medicaid- eligible mother, HHSC establishes eligibility for the child. An automated system then notifies the child’s mother, designated providers, and the mother’s caseworker about the child’s eligibility. These newborn children are also included in the Texas Health Steps outreach (see below).
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Model Application Template for the State Children’s Health Insurance Program 11 Effective Date: September 1, 2017 Approval Date: September 14, 2022
Title V - In the Texas Title V Children with Special Health Care Needs (CSHCN) program, most clients are required to apply to Medicaid or CHIP before they receive full CSHCN eligibility. Some are enrolled in Medicaid as a result. Those who reach a certain expenditure level for CSHCN services are required to apply again to Medicaid, with the emphasis on eligibility for the Medicaid Medically Needy Program, the spend down program under Title XIX.
The regional Title V CSHCN social work and eligibility staff and the CSHCN case management contractors help families with CSHCN to obtain Medicaid eligibility when appropriate.
In Title V Maternal/Child Health (MCH) contracts across the State, children who, after eligibility screening, appear to be eligible for Medicaid, are required to apply for Medicaid in order to continue to receive MCH services in the contractors’ clinics. The contractors include many local health departments as well as hospital districts and other providers. An automated screening tool, the State of Texas Assistance and Referral System (STARS), is used by many of these providers to screen for possible eligibility for Medicaid, CSHCN, and other programs. The client must then go on to actual Medicaid eligibility determination if the STARS screen indicates they may be Medicaid eligible.
Supplemental Security Income (SSI) - SSI eligible persons are automatically enrolled in Medicaid in Texas. The Disability Determination Division makes disability determinations for SSI.
Foster Care - For children who are removed from their households by court order through the Texas Department of Family and Protective Services (DFPS), Medicaid is provided through foster care if the child was eligible for Medicaid prior to being removed from the household or if the child is determined to be Medicaid eligible by DFPS standards. Medicaid is also provided, under TANF limits, to children under 18 placed by a district court in the managing conservatorship of DFPS as a result of findings of abuse or neglect by DFPS.
Child Support - The Child Support Enforcement Office of the Attorney General seeks out the non-custodial parent for financial and/or medical support to supplement and/or replace state liability. This office also processes through the Third Party Reimbursement (TPR) system to seek premium reimbursement for cases where medical coverage is provided.
Local Mental Health Authorities (LMHAs) - Under the authority of the Department of State Health Services (DSHS), LMHAs are required to do
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Model Application Template for the State Children’s Health Insurance Program 12 Effective Date: September 1, 2017 Approval Date: September 14, 2022
outreach to identify clients with serious mental illness and intellectual disabilities. The LMHAs vary in the amount and types of outreach conducted. Outreach activities may include: public announcements; distribution of brochures in targeted areas, such as doctors' offices, schools, and juvenile courts; public forums; or public festivals.
At intake, information, which may indicate Medicaid eligibility, is gathered by the LMHA. Individuals who appear to be Medicaid eligible are then referred for Medicaid eligibility determination. If the individual needs assistance with this referral, the LMHA will assist.
LMHAs may have out-stationed HHSC Medicaid eligibility workers on staff that do the Medicaid eligibility determinations on site.
Texas Health Steps (THSteps) - THSteps outreach efforts are aimed at encouraging the use of services (program participation) by enrolled THSteps clients. Texas Health Steps communicates with Medicaid-eligible families on the state level as well as on the regional and local level through a statewide system of HHSC staff and contractors using the following tools:
• over 435,000 informing letters per month; • a variety of brochures and other handouts in English and Spanish for recipient and provider use; • home visits, telephone calls, outreach at places where clients may be found, and efforts targeting specific groups such as migrant workers and newly enrolled Medicaid recipients; • a single statewide toll-free number (1-877-THSTEPS) that is routed to the appropriate regional outreach location. • regional provider newsletters which help to keep Health Steps providers informed of developments in the program; • regional provider relations staff who help recruit and maintain Health Steps and Medicaid providers, supplementing the provider relations activities for which HHSC contracts with the Texas Medicaid and Healthcare Partnership (TMHP); • the Medicaid Bulletin, which provides information to all Medicaid providers; and • the Medicaid managed care enrollment broker, whose staff helps educate clients as they are enrolled in health plans.
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In the course of promoting use of EPSDT service, THSteps staff and contractors inform interested families of the way to apply for Medicaid for other children. Family Health Services Information & Referral Line - Toll-free hotline, funded by Title V, provides information and referrals for families who call in, including referrals to Medicaid and Title V MCH and CSHCN services. Texas Information and Referral Network – The Texas Information and Referral Network (TIRN) at HHSC coordinates a statewide network of state and local contact points to provide information regarding health and human services in Texas, including Medicaid. Effective May 1, 2010, Texas extends federally-matched CHIP coverage to qualified alien children who are otherwise eligible without a five-year delay. Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 111-3, authorizes states to provide federally- matched Medicaid and CHIP coverage to qualified alien children.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public-private partnership: Texas has a variety of established programs and programs under development which involve private-public partnerships in providing health insurance coverage to uninsured children. The Texas Health Insurance Risk Pool was funded by the Texas legislature in 1997 to provide the administrative structure for ensuring that health coverage is available to persons unable to otherwise obtain coverage because of their medical history or because they lose employer coverage. Coverage is automatic for uninsurable persons with certain diagnoses, such as metastatic cancer, leukemia, diabetes, epilepsy, and sickle cell anemia. The first Health Pool policies were effective February 1, 1998. An extensive preferred provider network is utilized by the Pool. In addition, a prescription drug benefit is included with the policy. Participants can select a $500 deductible package, a $1,000 deductible package, a $2,500 deductible package or a $5,000 deductible package. Premium rates are based on deductible plan, age, sex, area of the State, and smoking status. Effective January 1, 2004, the Pool’s rates were set at two times the Standard Rate. At present, premiums for children up to age 18 range from $121 per month to $549 per month. Benefits include inpatient and outpatient care and are limited to $1.5 million over a lifetime. Children are eligible for Pool coverage, either as eligible Pool applicants or as dependents of eligible Pool applicants.
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The Community Access To Child Health (CATCH) Program is a program of the American Academy of Pediatrics (AAP) designed to improve access to health care by supporting pediatricians and communities that are involved in community-based efforts for children. The CATCH program provides pediatricians with training; technical assistance and resources; peer support and networking opportunities; and funding opportunities. A variety of funding opportunities are available, including implementation funds, planning funds, and resident funds. The Implementation Funds program supports pediatricians in the initial and/or pilot stage of developing and implementing a community-based child health initiative. Implementation funds are supported by Hasbro Children’s Foundation, Ronald McDonald House of Charities, CVS Pharmacy, and AAP. The Planning Funds program offers grants to pediatricians to develop community-based initiatives that increase children’s access to medical homes or to specific health services not otherwise available. The program is supported by a grant from Wyeth, with additional support provided by the AAP Friends of Children Fund, and the American Academy of Pediatric Dentistry Foundation. Resident funds are available for pediatric residents planning community-based child health initiatives, and are supported by grants from the Irving Harris Foundation and the AAP Friends of Children Fund, with additional support provided by the American Academy of Pediatric Dentistry Foundation. Projects have included providing health care services for children living in the colonias (rural developments along the Texas-Mexico border that frequently may not have basic amenities such as running water) and case management for very low birth weight babies.
The Healthy Tomorrows Partnership for Children Program is a collaborative grant of the federal Maternal and Child Health Bureau and the AAP for local entities, such as local health departments, county hospital districts, and community health centers that are supported in part with state funds to increase access to health services for mothers and children. Projects include providing direct health care, prevention of sexually transmitted disease among minority youth, and improving the health status of medically indigent, low birth weight infants. Two public programs identify children who could benefit from a private- public partnership. The Texas Medicaid program, through the Health Insurance Premium Payment (HIPP) Program, pays health insurance premiums for Medicaid eligible children. HIPP works with other state agencies, private employers, and private health coverage providers to ensure that Medicaid eligible children are able to take advantage of health coverage to which they have access. Given the broader scope of Medicaid benefits relative to the typical defined benefits package, children are able to take advantage of both public and private resources in receiving the services they need.
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The Texas Title V Program for Children with Special Health Care Needs (CSHCN) has a similar program that pays private health coverage premiums when doing so is cost effective for CSHCN and when the family is unable to afford the premiums. This program serves children with family incomes up to 200 percent of FPL.
2.3. Describe the procedures the state uses to accomplish coordination of CHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as Title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
Linkages established with other public/private health insurance partnerships provide opportunities for collaboration and mutually supportive operations.
Coordination with Medicaid is achieved through coordinated outreach efforts and a joint children’s application. Outreach efforts are coordinated through contracts with local, community-based organizations (CBOs). The CBOs were selected based on their local expertise and experience with low-income populations. CHIP enrollment information is routinely shared with Texas’ Title V agency in order to coordinate program benefits. Texas’ CHIP coordination efforts are ongoing, but appear successful, as Texas’ CHIP enrollment growth rate was at one time among the fastest in the nation.
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Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue on to Section 4.
3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
Child health benefits are delivered solely through managed care models, including a managed care organization (MCO) model and an exclusive provider organization (EPO) model used primarily in rural areas of the State. CHIP Dental services are delivered through a prepaid ambulatory health plan (PAHP). In the MCO and EPO models, the State contracts to deliver health care services, relying on managed care principles that will include a service manager or coordinator or “medical home” and utilization controls on inpatient hospital and certain other services in the case of the MCO model and the latter only in the case of the EPO. The MCO and EPO models are subject to the same CHIP state and federal laws.
The CHIP procurement of health plan services is aligned with Medicaid to improve continuity of care. Enrollees are given a choice of at least two plans whenever possible, and Medicaid plans are given extra consideration in the procurement of CHIP health plans.
The State ensures that federally qualified health centers (FQHCs) and rural health clinics (RHCs) receive the full Medicaid encounter rate for services rendered to CHIP Members on or after October 1, 2009, consistent with section 1902(bb) and section 2107(e)(1)(I) of the Social Security Act.
The rate-setting methodologies for FQHCs and RHCs are set out below: a.) FQHCs An FQHC will be reimbursed for a visit for CHIP-covered services if the visit is a face-to-face encounter between an FQHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, visiting nurse, psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist.
Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
• After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or
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• The FQHC patient has a medical visit and an “other” health visit.
An “other” health visit includes a face-to-face encounter between an FQHC patient and a psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist, as well as an Early and Periodic Screening, Diagnostic and Treatment medical checkup.
An FQHC is reimbursed a full Medicaid encounter rate for all CHIP-covered services. The full Medicaid encounter rate is calculated using one of two prospective payment methodologies: the Prospective Payment System (PPS) Methodology or the Alternative Prospective Payment System (APPS) Methodology. Each FQHC selects the payment methodology it prefers in a signed, written document.
An MCO or dental maintenance organization will pay to an FQHC the FQHC’s full Medicaid encounter rate for covered services. The State will reimburse the MCO the difference between the amount the MCO paid the FQHC and the amount the MCO has contracted to pay the FQHC. The State’s supplemental payment obligation to the MCO will be determined by subtracting the baseline payment under the contract for services being provided from the Medicaid encounter rate without regard to the effects of financial incentives that are linked to utilization outcomes, reductions in patient costs or bonuses. If the contracted amount paid to an FQHC by an MCO or dental maintenance organization is less than the amount the FQHC would receive under PPS or APPS, whichever applies, the State will ensure the FQHC is reimbursed the difference on at least a quarterly basis.
If the FQHC disagrees with the results of the review or rate, the FQHC may request a formal appeal.
b.) RHCs
Each RHC is reimbursed a full Medicaid encounter rate calculated using the PPS methodology.
An RHC will be reimbursed for a visit for a CHIP-covered service if the visit is a face-to-face encounter between an RHC patient and a physician, physician assistant, advanced nurse practitioner, certified nurse-midwife, visiting nurse, or clinical nurse practitioner.
Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
• After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or • The RHC patient has a medical visit and an “other” health visit.
An “other” health visit includes a face-to-face encounter between an RHC patient and a clinical social worker.
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An RHC is paid in full by the MCO and the MCO is paid as part of the MCO’s HHSC contracted capitation rate. The State does not make supplemental payments to an RHC unless the RHC is underpaid for a valid claim and has pursued all appeals with the MCO. The State will ensure the RHC is reimbursed the difference on at least a quarterly basis. By signing the contract with the MCO, the RHC indicates agreement with the payment methodology.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
Under the HMO/EPO model, plans are required to provide the range of children’s health services for a contracted per member/per month cost determined through actuarial analysis. The state monitors utilization of HMO/EPO services as part of its overall monitoring program. Please see section 7 for more information on the state’s monitoring efforts.
The HMO model includes a number of utilization management controls. Inpatient hospital stays and other services determined by the Medical Director are subject to prospective review for medical necessity and appropriateness of proposed care before services can be rendered. Clients are required to obtain authorized referrals from their primary care providers to other professional providers. The state or its designee also conduct retrospective utilization review activities to examine services to clients directly provided by the network’s primary care provider specialty, services performed with authorization, and other services such as emergency room services. The same controls are used in the EPO model, except that the EPO operates without a gatekeeper function being performed by the HMO model’s PCP.
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Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 5.
TX RESPONSE: Please see approved CS3 template.
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4.1. The following standards may be used to determine eligibility of targeted low-income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a))
TX RESPONSE: Please see approved CS18 template.
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These standards are used for Texas CHIP: 4.1.1. Geographic area served by the Plan: Eligible children throughout the state will receive services. 4.1.2. Age: Children through the age of 18 years will be eligible. 4.1.2.1 Age: For unborn children, coverage can begin from the confirmation of pregnancy and enrollment in CHIP Perinatal Program. 4.1.3. Income: Children whose countable family income (gross income minus all eligible childcare expenses) is at or below 200 percent of FPL will be eligible.
TX RESPONSE: Please see approved CS7, CS9 and CS14 templates.
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4.1.4. Resources (including any standards relating to spend downs and disposition of resources): Family resources are not taken into account in the determination of eligibility for children at or below 150 percent of FPL.
Not applicable
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4.1.5. Residency (so long as residency requirement is not based on length of time in state): Children must be residents of Texas to be eligible for services.
TX RESPONSE: Please see approved CS17 template.
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4.1.6. Disability Status (so long as any standard relating to disability status does not restrict eligibility): Not applicable. 4.1.7. Access to or coverage under other health coverage: The application form asks for information on the insurance status of children making application. Children with existing health insurance are denied eligibility for Texas CHIP. Unborn children with existing health insurance are denied eligibility for Texas CHIP. 4.1.8. Duration of eligibility: Eligible children in the traditional CHIP Program with incomes at or below 185 FPL receive coverage for 12 continuous months. Eligible children in the traditional CHIP Program with incomes above 185 percent of FPL receive coverage for up to 12 months and are required to verify income eligibility at month six of their 12-month CHIP coverage period. Eligible unborn children receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid.
TX RESPONSE: Please see approved CS27 template.
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4.1.9. Other standards (identify and describe): Immigration status: children who are legal residents but have not passed the five year bar are enrolled at the cost of the State.
TX RESPONSE: Please see approved CS19 template.
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4.1.10. Check if the State is electing the option under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) to provide coverage to the following children as specified below who are lawfully residing in the United States, and consist of the following: A child shall be considered lawfully present if he or she is:
(1) A qualified alien as defined in section 431 of PRWORA (8 U.S.C. §1641); (2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; (3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings; (4) An alien who belongs to one of the following classes:
(i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively);
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization;
(iii) Aliens who have been granted employment authorization under 8 CFR 274a,12(c)(9), (10), (16) (18), (20), (22), or (24);
(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status; or
(vii) Aliens whose visa petition has been approved and who have a pending application for adjustment of status;
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(5) A pending applicant for asylum under section 208(a) of the INA (8 U, S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U,S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;
(6) An alien who has been granted withholding of removal under the Convention Against Torture;
(7) A child who has a pending application for Special Immigrant Juvenile status as described in section 10 1 (a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J));
(8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or
(9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
The State elects the CHIPRA section 214 option for children up to age 19. The State elects the CHIPRA section 214 option for pregnant women through the 60-day postpartum period.
TX RESPONSE: Please see approved CS18 template.
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis. 4.2.2. Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. 4.2.3. These standards do not deny eligibility based on a child having a pre- existing medical condition.
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4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
TX RESPONSE: Please see approved CS24, CS15 and CS10 templates.
In the event of a FEMA- or Governor- declared disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies, the effective dates of such adjustments, and the counties/ areas impacted by the disaster.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, enrollees may be granted eligibility and receive services beyond their certification period and may be provided additional time to submit a renewal or verification.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, eligibility verification requirements may be waived at application and renewal. The state may allow self-attestation to complete the eligibility determination, in accordance with 42 CFR 457.380.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the State may waive or delay collection of enrollment fees in accordance with Sections 8.2.1 and 8.2.3.
4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b)) Check here if this section does not apply to your state.
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4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
TX RESPONSE: Please see approved CS24 template.
4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2))
4.4.3. The State is taking steps to assist in the enrollment in CHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR 431.636(b)(4))
TX RESPONSE: Please see approved CS10 template.
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4.4.4 The insurance provided under the state child health plan does notsubstitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c))
TX RESPONSE: Please see approved CS20 template.
4.4.4.1. Coverage provided to children in families at or below 200 percent FPL: describe the methods of monitoring substitution.
4.4.4.2. Coverage provided to children in families over 200 percent and up to 250 percent FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become unacceptable.
4.4.4.3. Coverage provided to children in families above 250 percent FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution. 4.4.4.4. If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution. The cost-effectiveness determination.
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4.4.5 Child health assistance is provided to targeted low-income children in the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
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Section 5. Outreach (Section 2102(c))
Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Historical Background Outreach in the first two years of TexCare, which was the State’s generic outreach campaign for Children’s Medicaid and CHIP, focused on a statewide media/marketing campaign focused on a call-to-action to families to call the TexCare hotline or send in a written application; direct application assistance by TexCare’s CBOs’ outreach staff; and mass dissemination of information about the program. These strategies were appropriate for the "start-up" phase, as the challenge was to reach hundreds of thousands of unidentified families eligible for children's health insurance.
TexCare was designed to outreach on behalf of both Children’s Medicaid and CHIP. However, because CHIP was a new and separately financed program that offered the first-ever opportunity of coverage to hundreds of thousands of families, much of the focus of state and local stakeholders has been on assuring the achievement of the ambitious CHIP "start-up" goal. Now that CHIP has been successfully launched, Texas is entering a new outreach phase that is dominated by the need to promote renewal and appropriate utilization of services. The Medicaid focus of the outreach effort has been sharpened with the implementation of SB 43, 77th Legislature, Regular Session, 2001, which is state legislation simplifying Children’s Medicaid. This legislation benefits many families because it mandates that the application and enrollment process for Children’s Medicaid-eligible families is as seamless, simple, and transparent as that enjoyed by CHIP-eligible families.
Texas’ call-to-action outreach efforts in the first two years of the program have not stopped. In 2006, however, the TexCare logo was retired and replaced with CHIP/Children’s Medicaid as the State integrated the applications for CHIP and Children’s Medicaid into one application form. With the implementation of HB 109, 80th Legislature, Regular Session, 2007, the outreach focus shifted to include the permanent incorporation of CHIP/Children’s Medicaid information in systems (e.g., schools, emergency rooms, provider offices, pharmacies) in the community and the perpetuation and appropriate utilization of existing coverage.
In all aspects of implementing CHIP/Children’s Medicaid, Texas has learned from the experience of other states. A review of that experience suggests that a broadening of Texas’ strategy was appropriate. By diversifying beyond mass information dissemination and direct application assistance, the program will benefit
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from: • increasing the efficiency of efforts to identify and target under-served populations; • broadening and incorporating automatic information dissemination systems within organizations that have frequent contact with families; • increasing the emphasis on all aspects of disease and disability prevention; • communicating the fact that, through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; and • emphasizing family maintenance of health care coverage and appropriate utilization of services.
Other states' experience also shows that the program and the enrolled children benefit when efforts are made to keep enrolled children in health care coverage when their first period of eligibility expires.
Based on this experience, the State adopted the following goals for the next phase of outreach for CHIP/Children’s Medicaid:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals and mass communications to reach eligible families; • mass media messages and activities by CHIP/Children’s Medicaid contracted CBOs and health plans shifting primary emphasis from a call-to-action to the idea that through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; • increased emphasis on activities by CHIP/Children’s Medicaid CBOs and stakeholders to place CHIP/Children’s Medicaid information in the hands of families at times and places in which they are likely to be motivated by and interested in the information; • activities by CHIP/Children’s Medicaid CBOs and stakeholders to work within organizations that have regular contact with families (e.g. emergency rooms, provider offices, pharmacies, schools) to set in place automatic and recurring "systems" to inform families and help them apply for health care coverage through CHIP/Children’s Medicaid; and • continued activities to support enrollee families in successfully completing their annual renewal process, involving health plans, the administrative services contractor, and CHIP/Children’s Medicaid CBOs.
Outreach has become more strategic in nature as Texas has sought to work with entities in all sectors of the community to broaden and institutionalize the message to include the value of insurance, the importance of renewal, and education on appropriate utilization of services.
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Outreach strategies will result in the identification of non-Medicaid eligible pregnant women whose unborn children may be eligible for this program.
Based on previous experience, the State will develop:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals; • increased emphasis on activities by CBOs and stakeholders to place information in the hands of women at times and places in which they are likely to be motivated by and interested in the information; and • activities by CBOs and stakeholders to work within organizations that have regular contact with pregnant women such as provider offices.
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Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a)) 6.1.1. Benchmark coverage;(Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1. FEHBP-equivalent coverage; (Section2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2 Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If an existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for an existing comprehensive state-based coverage.
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) 6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration project 6.1.4.3. Coverage that either includes the full EPSDT benefit or that the state has extended to the entire Medicaid population
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6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. Other (Describe) The state elects to provide a basic set of health care benefits that are focused on primary health care needs and that contain the cost of the benefit package. Specific covered services are described in Section 6.2 below.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
6.2.1. Inpatient services (Section 2110(a)(1)) Covered, medically necessary inpatient services are unlimited and include, but are not limited to: Semi-private room and board (or private if medically necessary as certified by attending); general nursing care; ICU and services; patient meals and special diets; operating, recovery and other treatment rooms; anesthesia and administration (facility technical component); surgical dressings, trays, casts, splints, drugs, medications and biologicals; X-rays, imaging and other radiological tests (facility technical component); laboratory and pathology services (facility technical component); machine diagnostic tests (EEGs, EKGs, etc); oxygen services and inhalation therapy; radiation and chemotherapy; access to DSHS- designated Level III perinatal centers or hospitals meeting equivalent levels of care; hospital-provided physician services (facility technical component); and, in-network or out-of-network facility and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section. Exclusions and Limitations include: Infertility treatments or reproductive services other than prenatal care, labor and delivery, and care related to disease, illnesses, or abnormalities related to the reproductive system; personal comfort items including but not limited to personal care kits provided on inpatient admission, telephone,
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6.2.2. television, newborn infant photographs, meals for guests of patient, and other articles which are not required for the specific treatment of sickness or injury; experimental and/or investigational medical, surgical or other health care procedures or services which are not generally employed or recognized within the medical community; treatment or evaluations required by third parties including, but not limited to, those for schools, employment, flight clearance, camps, insurance or court; custodial care; mechanical organ replacement devices, including, but not limited to artificial heart; private duty nursing services when performed on an inpatient basis; and, hospital services and supplies when confinement is solely for diagnostic testing purposes, unless otherwise pre-authorized by the Health Plan. The health plan may require prior authorization for: non-emergency care and following stabilization of an emergency condition; and, for in-network or out-of-network facility and physician services for a mother and her newborn(s) after 48 hours following an uncomplicated vaginal delivery and after 96 hours following an uncomplicated delivery by caesarian section. CHIP Perinatal Program: • Inpatient facility services are not a covered benefit for unborn children at or below 198 percent of the Federal Poverty Level (FPL). Once the child is born, they will receive full CHIP benefits. • Covered medically necessary inpatient services are limited to labor and delivery until birth for unborn children. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient services (Section 2110(a)(2)) Covered, medically necessary outpatient services are unlimited and include, but are not limited to, the following services provided in a hospital clinic, a clinic or health center, hospital-based emergency department or an ambulatory health care setting: X-ray, imaging, and radiological tests (technical component); laboratory and pathology services (technical component); machine diagnostic tests; ambulatory surgical facility services; drugs, medications and biologicals; casts, splints, dressings; preventive health services; physical occupational and speech therapy; renal dialysis; respiratory services; radiation and chemotherapy; and blood or blood products (if not provided free-of- charge to the patient) and the administration of these products. Exclusions and Limitations include: The health plan may require prior authorization and physician prescription for outpatient services.
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6.2.3. CHIP Perinatal Program: • Covered, medically necessary outpatient services for the unborn child are limited to those outpatient services that directly relate to prenatal or postpartum care and/or the delivery of the covered unborn child until birth. • Outpatient observation is a covered benefit under the CHIP Perinatal Program. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age confirmation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Physician services (Section 2110(a)(3)) Covered, medically necessary physician and physician extender services are unlimited and include, but are not limited to, the following: American Academy of Pediatrics recommended well-child exams and preventive health services (including but not limited to vision and hearing screening and immunizations); physician office visits; inpatient and outpatient services; laboratory, x-rays, imaging and pathology services and professional interpretation; medications, biologicals and materials administered in the physician’s office; allergy testing, serum and injections; (in/outpatient) surgical services, including surgeons for surgical procedures including appropriate follow-up care, administration of anesthesia by physician (other than surgeon) or CRNA, second surgical opinions, same-day surgery performed in a hospital without an over-night stay; invasive diagnostic procedures such as endoscopic examination; hospital-based physician services (including physician-performed technical and interpretative components); and, in-network and out-of-network physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section. Exclusions to physician services include: infertility treatments, prostate and mammography screening; reproductive services other than prenatal care, labor and delivery, and care related to diseases, illnesses, or abnormalities related to the reproductive system; elective surgery to correct vision; gastric procedures for weight loss; cosmetic
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surgery/services solely for cosmetic purposes; cut-of-network services not authorized by the Health Plan except for emergency care and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section; services, supplies, meal replacements or supplements provided for weight control or the treatment of obesity, except for the services associated with the treatment for morbid obesity as part of a treatment plan approved by the Health Plan; acupuncture services, naturopathy and hypnotherapy; immunizations solely for foreign travel; routine foot care such as hygienic care; and diagnosis and treatment of weak, strained, or flat feet and the cutting or removal of corns, calluses and toenails (this does not apply to the removal of nail roots or surgical treatment of conditions underlying corns, calluses or ingrown toenails).
The Health Plan may require prior authorization for specialty physician services.
6.2.4. CHIP Perinatal Program: • Covered, medically necessary physician services are limited to prenatal and postpartum care and/or the delivery of the covered unborn child until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis.
Surgical services (Section 2110(a)(4)). Covered, unlimited medically necessary surgical services, and limitations and exclusions to surgical services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary surgical services for the unborn child are limited to services that directly relate to the delivery of the unborn child enrolled in the program until birth. • Coverage for the CHIP Perinatal newborn is the same as
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6.2.5.
6.2.6. coverage for traditional CHIP clients.
Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5)) Covered, unlimited medically necessary clinic services (including health center services) and other ambulatory health care services, and limitations and exclusions to these services are described under outpatient services.
CHIP Perinatal Program: • Covered, medically necessary clinic services for the unborn child are limited to prenatal and postpartum care and/or the delivery of the unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Prescription drugs (Section 2110(a)(6)) Open formulary based on the Texas Medicaid Program open formulary. Covered, unlimited medically necessary prescription drugs include non-experimental, FDA-approved physician-prescribed drugs that are prescribed for the medical treatment of illness or injuries.
Exclusions include: contraceptive medications prescribed only for the purpose of primary and preventive reproductive health care, and medications for weight loss or gain. The state will require prior authorization for selected drugs. The state will also implement a preferred drug list (with provisions for medically necessary exceptions) and may establish a four-prescription limit on brand name drugs and a thirty-four day supply limit, if determined to be cost effective. Medically necessary exceptions will also apply to both of these limits.
CHIP Perinatal Program: • Covered medically necessary prescription and injection drugs
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are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.7. 6.2.8.
6.2.9. Over-the-counter medications (Section 2110(a)(7))
Laboratory and radiological services (Section 2110(a)(8)) Covered, unlimited, medically necessary laboratory and radiological services, and limitations and exclusions to laboratory and radiological services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary laboratory and radiological services for the unborn child are limited to services that directly relate to antepartum care and/or the delivery of the covered unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Cordocentesis, FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Laboratory tests for the unborn child are limited to: nonstress testing, contraction stress testing, hemoglobin or hematocrit, or complete blood count (CBC), urinanalysis, blood type and Rh antibody screen, rubella antibody titer, serology for syphilis, hepatitis B surface antigen, cervical cytology, pregnancy test, gonorrhea test, urine culture, sickle cell test, tuberculosis (TB) test, human immunodeficiency virus (HIV) antibody screen, Chlamydia test, other laboratory tests not specified but deemed medically necessary, and multiple marker screens for neural tube defects (if the client initiates care between 16 and 20 weeks). • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) Covered, unlimited prenatal care and medically necessary care related to diseases, illnesses, or abnormalities related to the reproductive
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system, and limitations and exclusions to these services are described under inpatient, outpatient, and physician services.
6.2.10. Primary and preventive health benefits do not include pre-pregnancy family reproductive services and supplies, or prescription medications prescribed only for the purpose of primary and preventive reproductive health care. CHIP Perinatal Program: • Prenatal care and prepregnancy family services and supplies are limited to an initial visit and subsequent prenatal (antepartum) care visits that include: one visit every four weeks for the first 28 weeks of pregnancy; one visit every two to three weeks from 28 to 36 weeks of pregnancy; and one visit per week from 36 weeks to delivery. More frequent visits are allowed as medically necessary. • Limit of 20 prenatal visits and two postpartum visits (maximum within 60 days) without documentation of a complication of pregnancy. More frequent visits may be necessary for high-risk pregnancies. High-risk obstetrical visits are not limited to 20 visits per pregnancy. Documentation supporting medical necessity must be maintained in the physician’s files and is subject to retrospective review. • Subsequent visits must include: interim history (problems, marital status, fetal status), physical examination (weight, blood pressure, fundal height, fetal position and size, fetal heart rate, extremities) and laboratory tests (urinanalysis for protein and glucose every visit; hematocrit or hemoglobin repeated once a trimester and at 32-36 weeks of pregnancy; multiple marker screen for fetal abnormalities offered at 16 to 20 weeks of pregnancy; repeat antibody screen for Rh negative women at 28 weeks followed by Rho immune globulin administration if indicated; screen for gestational diabetes at 24 to 28 weeks of pregnancy; and other lab tests as indicated by medical condition of client). • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Inpatient mental health services, other than services described in 6.2.18, but including services furnished in a state-operated facility and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10))
Covered, medically necessary inpatient mental health services include, but are not limited to, mental health services furnished in a
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free-standing psychiatric hospital, psychiatric units of general acute care hospitals and state-operated facilities, as well as neuropsychological and psychological testing.
When inpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
Prior authorization may be required for non-emergency inpatient mental health services; however, PCP referral is not required.
6.2.11. CHIP Perinatal Program: • Inpatient mental health services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated facility and including community-based services. (Section 2110(a)(11) Covered, medically necessary outpatient mental health services include, but are not limited to, mental health services provided on an outpatient basis, neuropsychological and psychological testing, medication management, rehabilitative day treatments, residential treatment services, sub-acute outpatient services (partial hospitalization or rehabilitative day treatment), and skills training (psycho-educational skills development).
When outpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
The visits can be furnished in a variety of community-based settings (including school and home-based settings) or in a state-operated facility.
Prior authorization may be required for outpatient mental health
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services; however, these services do not require PCP referral.
6.2.12. CHIP Perinatal Program: • Outpatient mental health benefits are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Durable medical equipment and other medically related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Covered services includes durable medical equipment (DME) (equipment which can withstand repeated use, and is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness, injury or disability, and is appropriate for use in the home), and other medically-related or remedial devices that are medically necessary and necessary for one or more activities of daily living, and appropriate to assist in the treatment of a medical condition. These devices include, but are not limited to: orthotic braces and orthotics; prosthetic devices such as artificial eyes, limbs and braces; prosthetic eyeglasses and contact lenses for the management of severe opthomological disease; hearing aids; other artificial aides including surgical implants.
DME and other medically related or remedial devices are for a 12- month coverage period. Limitations include: $20,000 per 12-month coverage period limit for DME, prosthetics, devices, and disposable medical supplies (implantable devices and diabetic supplies and equipment are not counted against this cap).
Exclusions include: Replacement or repair of prosthetic devices and DME due to misuse, abuse, or loss when confirmed by the member or the vendor; corrective orthopedic shoes; convenience items; diagnosis and treatment of flat feet; routine refractory services and glasses/contacts; and orthotics primarily used for athletic or recreational purposes.
The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • DME or other medically related remedial devices are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
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6.2.13.
6.2.14. Disposable medical supplies (Section 2110(a)(13)) Covered benefits include diagnosis-specific disposable medical supplies, including diagnosis-specific prescribed specialty formulas and dietary supplements. However, coverage is limited to formulas prescribed for chronic hereditary metabolic disorders, a non-function or disease of the structures that normally permit food to reach the small bowel; or malabsorption due to disease (expected to last longer than 60 days when prescribed by the physician and authorized by the Health Plan) are covered. Limitations and exclusions: Disposable medical supplies are included under the $20,000 limit per term of coverage Durable Medical Equipment cap; however, diabetic supplies and equipment are exempted from this cap. CHIP Perinatal Program • Disposable medical supplies are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Home and community-based health care services (See instructions) (Section 2110(a)(14)) Covered, medically necessary home and community-based health care services include, but are not limited to: Speech, physical, and occupational therapy; home infusion; respiratory therapy; skilled nursing visits as defined for home health purposes (may include R.N. or L.V.N.); home health aide services, when provided under the supervision of a R.N. and included as part of a plan of care during a period that skilled visits have been approved. Limitations and exclusions to home and community-based health care services are: Excludes custodial care that assists a child with the activities of daily living and does not require the continuing attention of trained medical or paramedical personnel; excludes services intended to replace the child's caretaker or to provide relief for the caretaker; skilled nursing visits are provided on an intermittent level and are not intended to provide 24-hour skilled nursing services; services are for blocks of time and are not intended to replace 24-hour inpatient or skilled nursing facility services; excludes housekeeping services; excludes public facility services and care for conditions that federal, state, or local law requires be provided in a public facility or care provided while in the custody of legal authorities; excludes services or supplies received from a nurse, which do not require the skill and training of a nurse.
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The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Home and community-based health care services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. 6.2.15. Nursing care services (See instructions) (Section 2110(a)(15)) Covered, unlimited medically necessary nursing care services include home visits for private duty nursing (R.N., L.V.N., block of time) The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Nursing care services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16)
6.2.17. Dental services (Section 2110(a)(17)) The state will provide dental coverage to children through one of the following (Section 2103(a)(5)):
6.2.17.1 State Dental Benefit Package. The State assures coverage of dental services from each of the following categories:
1. Diagnostic (must follow periodicityschedule); 2. Preventive (must follow periodicity schedule); 3. Restorative; 4. Endodontic; 5. Periodontic; 6. Prosthodontic; 7. Oral and Maxillofacial; 8. Orthodontics; and 9. Emergency Dental Services.
Covered services are subject to dental necessity requirements and include: oral evaluations, routine checkups, x-rays, cleanings, topical fluoride, sealants, space maintainers, fillings, crowns/caps,
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pulpotomy/pulpectomy, root canals, gingivectomy/gingivoplasty, periodontal scaling, debridement, dentures, extractions, surgical extractions, orthodontic services (limited to pre- and post-surgical orthodontic services to treat craniofacial anomalies requiring surgical intervention), and emergency dental services. The dental benefit covers up to $564 annually per CHIP member. Limitations to dental services are limited to a 12-month coverage period. Emergency dental services are not subject to the dental benefit limit and do not count toward a CHIP member’s benefit limit. Exceptions to the $564 annual benefit maximum are:
(1) the preventative services identified in the 2009 American Academy of Pediatric Dentistry periodicity schedule (Volume 32, Issue Number 6, at pp. 93-100); and
(2) other medically necessary services approved through a prior authorization process. These services must be necessary to allow a plan member to return to normal, pain and infection-free oral functioning. Typically this includes:
• Services related to the relief of significant pain or to eliminate acute infection; • Services related to treat traumatic clinical conditions; • Services that allow a patient to attain the basic human functions (e.g. eating, speech, etc.); and • Services that prevent a condition from seriously jeopardizing one’s health/functioning or deteriorating in an imminent timeframe to a more serious and costly dental problem.
CHIP Perinatal Program: • Dental services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. 6.2.17.1.1 Periodicity Schedule. Please select and include a description. Medicaid American Academy of Pediatric Dentistry recommendations for age appropriate dental care including but not limited to: clinical oral evaluations, cleanings and topical fluoride treatment, x-rays, caries-risk assessment, sealants,
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and treatment for dental disease and injury. Other Nationally recognized periodicity schedule: (Please Specify)
6.2.17.2. Benchmark coverage; (Section 2103(c)(5), 42 CFR 457.410 and 42 CFR 457.420) States must, in accordance with 42 CFR 457.410, provide coverage for dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions if these services are not provided in the chosen benchmark package.
6.2.17.3. FEHBP-equivalent coverage; (Section 2103(c)(5)(C)(i)) (If checked, attach a copy of the dental supplemental plan benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.4. State employee coverage; (Section 2103(c)(5)(C)(ii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.5. HMO with largest insured commercial enrollment (Section 2103(c)(5)(C)(iii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.18. Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Covered, medically necessary services include, but are not limited to: inpatient and residential substance abuse treatment services including detoxification and crisis stabilization, and 24-hour residential rehabilitation programs.
Prior authorization may be required for nonemergency services; however, PCP referral is not required.
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6.2.19.
6.2.20. CHIP Perinatal Program: • Inpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient substance abuse treatment services (Section 2110(a)(19)) Medically necessary outpatient substance abuse treatment services include, but are not limited to, prevention and intervention services that are provided by physician and non-physician providers, such as screening, assessment, and referral for chemical dependency disorders; intensive outpatient services; and partial hospitalization. Intensive outpatient services is defined as an organized non- residential service providing structured group and individual therapy, educational services, and life skills training which consists of at least 10 hours per week for four to 12 weeks, but less than 24 hours per day. Outpatient treatment services is defined as consisting of at least one to two hours per week providing structured group and individual therapy, educational services, and life skills training.
These services do not require a PCP referral, but prior authorization may be required. CHIP Perinatal Program: • Outpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Case management services (Section 2110(a)(20)) Medically necessary case management services above and beyond those normally provided to all members are covered for Children with Complex Special Health Care Needs. These covered services include outreach, informing, intensive case management, care coordination and community referral. State-certified Community Health Workers, also known as promotora(s), are utilized in target areas to focus education to under- served populations. The program aims to bridge social, economic and cultural gaps to provide information about effective utilization of CHIP and preventive care to enrolled families. Delivery of Community Health Worker training and services are designed to improve preventive care in CHIP.
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6.2.21.
6.2.22.
6.2.23. CHIP Perinatal Program: • Case management services are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Care coordination services (Section 2110(a)(21))
CHIP Perinatal Program: • Care coordination services are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22)) Covered, medically necessary habilitation (the process of supplying a child with the means to reach age-appropriate developmental milestones through therapy or treatment) and rehabilitation services include, but are not limited to physical, occupational, and speech therapy and developmental assessment.
Reimbursement for school-based services is not covered, except for therapy services ordered by the PCP. The health plan may require authorization and physician prescription. CHIP Perinatal Program: • Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Hospice Care (Section 2110 (a) (23)) Covered, medically necessary hospice services include, but are not limited to, palliative care, including medical and support services, for those children who have six months or less to live, to keep patients comfortable during the last weeks and months before death. Treatment for unrelated conditions is unaffected.
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Hospice care services are for a six-month coverage period. Limitations include: Services apply only to the hospice diagnosis; limited to a maximum of 120 days with a six-month life expectancy; and, patients electing hospice may cancel this election at any time.
The health plan may require authorization and physician prescription.
6.2.24. CHIP Perinatal Program: • Hospice care is not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Skilled Nursing Facility (including Rehabilitation Hospital) Services Covered, medically necessary skilled nursing facility and rehabilitation hospital services include, but are not limited to, semi- private room and board; regular nursing services; rehabilitation services; and medical supplies and use of appliances and equipment furnished by the facility. Skilled nursing facility services are for a 12- month coverage period. Coverage is limited to 60 days per 12-month coverage period. Private duty nurses, television and custodial care are excluded. The health plan may require authorization and physician prescription.
CHIP Perinatal Program: • Skilled nursing facility and rehabilitation hospital services are not covered a benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Emergency Services including Emergency Hospitals and Physician Covered, medically necessary services include: emergency services based on prudent layperson definition of emergency health condition; hospital emergency department room and ancillary services and physician services 24 hours a day, seven days a week, both by in-network and out-of-network providers; medical screening examination; stabilization services; emergency dental coverage for a dislocated jaw, traumatic damage to teeth, removal of cysts, and treatment of oral abscess of tooth or gum origin; and access to designated Level I and Level II trauma centers or hospitals meeting equivalent levels of care for emergency services. The health plan cannot require authorization as a condition for
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payment for emergency conditions or labor and delivery; however, the health plan may require authorization for post-stabilization services.
CHIP Perinatal Program: • Covered, medically necessary emergency services for the unborn child are limited to those emergency services that directly relate to the delivery of the unborn child until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. • Post-delivery services or complications resulting in the need for emergency services for the mother of the CHIP Perinatal newborn are not a covered benefit.
Vision Services Covered, medically necessary services include: one examination of the eyes to determine the need for, and prescription for, corrective lenses per 12-month coverage period, without health plan authorization; and one pair of non-prosthetic eyewear per 12-month coverage period. Vision services are for a 12-month coverage period. The health plan may reasonably limit the cost of frames/lenses. The health plan may require authorization for protective and polycarbonate lenses when medically necessary as part of a treatment plan for covered diseases of the eye. Vision training and vision therapy are excluded.
CHIP Perinatal Program: • Vision services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Transplant Services Using up-to-date FDA guidelines, all non-experimental human organ and tissue transplants and all forms of non-experimental corneal, bone marrow and peripheral stem cell transplants, including donor medical expenses are covered, if medically necessary. Donor non-medical expenses are not covered. The health plan may require prior authorization.
CHIP Perinatal Program: • Transplant services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
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Tobacco Cessation Programs A health plan-approved tobacco cessation program is covered up to a $100 limit per 12-month coverage period. Tobacco cessation program services are for a 12-month coverage period. The health plan may require prior authorization and use of a formulary.
CHIP Perinatal Program: • Tobacco cessation programs are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Chiropractic Services Medically necessary services are limited to spinal sublaxation. Chiropractic services do not require physician prescription and are for a 12-month coverage period. These services are limited to 12 visits per 12-month coverage period (regardless of number of services or modalities provided in one visit). The health plan may require authorization for additional visits.
6.2.25. 6.2.26.
6.2.27.
6.2.28. CHIP Perinatal Program: • Chiropractic services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Premiums for private health care insurance coverage (Section 2110(a)(25))
Medical transportation (Section 2110(a)(26)) Emergency ground, air, or water transportation is a covered service.
CHIP Perinatal Program: • Medical transportation is not a covered benefit for the unborn child. • Ambulance services for labor and threatened labor are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
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6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2. The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre- existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Please describe: Previously 8.6
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and (3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above; Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security
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Act. Describe the community-based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
6.4.2.1. Purchase of family coverage is cost-effective relative to the amounts that the state would have paid to obtain comparable coverage only of the targeted low-income children involved; and (Describe the associated costs for purchasing the family coverage relative to the coverage for the low income children.) (Section 2105(c)(3)(A)) (42CFR 457.1010(a))
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
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6.2- MHPAEA Section 2103(c)(6)(A) of the Social Security Act requires that, to the extent that it provides both medical/surgical benefits and mental health or substance use disorder benefits, a State child health plan ensures that financial requirements and treatment limitations applicable to mental health and substance use disorder benefits comply with the mental health parity requirements of section 2705(a) of the Public Health Service Act in the same manner that such requirements apply to a group health plan. If the state child health plan provides for delivery of services through a managed care arrangement, this requirement applies to both the state and managed care plans. These requirements are also applicable to any additional benefits provided voluntarily to the child health plan population by managed care entities and will be considered as part of CMS’s contract review process at 42 CFR 457.1201(l).
6.2.1- MHPAEA Before completing a parity analysis, the State must determine whether each covered benefit is a medical/surgical, mental health, or substance use disorder benefit based on a standard that is consistent with state and federal law and generally recognized independent standards of medical practice. (42 CFR 457.496(f)(1)(i))
6.2.1.1- MHPAEA Please choose the standard(s) the state uses to determine whether a covered benefit is a medical/surgical benefit, mental health benefit, or substance use disorder benefit. The most current version of the standard elected must be used. If different standards are used for different benefit types, please specify the benefit type(s) to which each standard is applied. If “Other” is selected, please provide a description of that standard.
International Classification of Disease (ICD)
Diagnostic and Statistical Manual of Mental Disorders (DSM) State guidelines (Describe: ) Other (Describe: )
6.2.1.2- MHPAEA Does the State provide mental health and/or substance use disorder benefits?
Yes No
Guidance: If the State does not provide any mental health or substance use disorder benefits, the mental health parity requirements do not apply ((42 CFR 457.496(f)(1)). Continue on to Section 6.3.
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6.2.2- MHPAEA Section 2103(c)(6)(B) of the Social Security Act (the Act) provides that to the extent a State child health plan includes coverage of early and periodic screening, diagnostic, and treatment services (EPSDT) defined in section 1905(r) of the Act and provided in accordance with section 1902(a)(43) of the Act, the plan shall be deemed to satisfy the parity requirements of section 2103(c)(6)(A) of the Act.
6.2.2.1- MHPAEA Does the State child health plan provide coverage of EPSDT? The State must provide for coverage of EPSDT benefits, consistent with Medicaid statutory requirements, as indicated in section 6.2.26 of the State child health plan in order to answer “yes.”
Yes
No
Guidance: If the State child health plan does not provide EPSDT consistent with Medicaid statutory requirements at sections 1902(a)(43) and 1905(r) of the Act, please go to Section 6.2.3- MHPAEA to complete the required parity analysis of the State child health plan.
If the state does provide EPSDT benefits consistent with Medicaid requirements, please continue this section to demonstrate compliance with the statutory requirements of section 2103(c)(6)(B) of the Act and the mental health parity regulations of 42 CFR 457.496(b) related to deemed compliance. Please provide supporting documentation, such as contract language, provider manuals, and/or member handbooks describing the state’s provision of EPSDT.
6.2.2.2- MHPAEA EPSDT benefits are provided to the following:
All children covered under the State child health plan.
A subset of children covered under the State child health plan.
Please describe the different populations (if applicable) covered under the State child health plan that are provided EPSDT benefits consistent with Medicaid statutory requirements.
Guidance: If only a subset of children are provided EPSDT benefits under the State child health plan, 42 CFR 457.496(b)(3) limits deemed compliance to those children only and Section 6.2.3- MHPAEA must be completed as well as the required parity analysis for the other children. 6.2.2.3- MHPAEA To be deemed compliant with the MHPAEA parity requirements, States must provide EPSDT in accordance with sections 1902(a)(43) and 1905(r) of the Act (42 CFR 457.496(b)). The State assures each of the following for children eligible for EPSDT under the separate State child health plan:
All screening services, including screenings for mental health and substance use disorder conditions, are provided at intervals that align with a periodicity schedule that meets reasonable standards of medical or dental practice as well as when medically necessary to determine the existence of suspected illness or conditions. (Section 1905(r))
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All diagnostic services described in 1905(a) of the Act are provided as needed to diagnose suspected conditions or illnesses discovered through screening services, whether or not those services are covered under the Medicaid state plan. (Section 1905(r))
All items and services described in section 1905(a) of the Act are provided when needed to correct or ameliorate a defect or any physical or mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the Medicaid State plan. (Section 1905(r)(5))
Treatment limitations applied to services provided under the EPSDT benefit are not limited based on a monetary cap or budgetary constraints and may be exceeded as medically necessary to correct or ameliorate a medical or physical condition or illness. (Section 1905(r)(5))
Non-quantitative treatment limitations, such as definitions of medical necessity or criteria for medical necessity, are applied in an individualized manner that does not preclude coverage of any items or services necessary to correct or ameliorate any medical or physical condition or illness. (Section 1905(r)(5))
EPSDT benefits are not excluded on the basis of any condition, disorder, or diagnosis. (Section 1905(r)(5))
The provision of all requested EPSDT screening services, as well as any corrective treatments needed based on those screening services, are provided or arranged for as necessary. (Section 1902(a)(43)) All families with children eligible for the EPSDT benefit under the separate State child health plan are provided information and informed about the full range of services available to them. (Section 1902(a)(43)(A)) Guidance: For states seeking deemed compliance for their entire State child health plan population, please continue to Section 6.3. If not all of the covered populations are offered EPSDT, the State must conduct a parity analysis of the benefit packages provided to those populations. Please continue to 6.2.3- MHPAEA.
Mental Health Parity Analysis Requirements for States Not Providing EPSDT to All Covered Populations
Guidance: The State must complete a parity analysis for each population under the State child health plan that is not provided the EPSDT benefit consistent with the requirements 42 CFR 457.496(b). If the State provides benefits or limitations that vary within the child or pregnant woman populations, states should perform a parity analysis for each of the benefit packages. For example, if different financial requirements are applied according to a beneficiary’s income, a separate parity analysis is needed for the benefit package provided at each income level.
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Please ensure that changes made to benefit limitations under the State child health plan as a result of the parity analysis are also made in Section 6.2.
6.2.3- MHPAEA In order to conduct the parity analysis, the State must place all medical/surgical and mental health and substance use disorder benefits covered under the State child health plan into one of four classifications: Inpatient, outpatient, emergency care, and prescription drugs. (42 CFR 457.496(d)(2)(ii); 42 CFR 457.496(d)(3)(ii)(B))
To determine which benefits belonged in each of the classifications, or whether it belonged in more than one classification, Texas considered how the benefit would be claimed and the setting(s) in which the benefit would be delivered. Some benefits, because they can be delivered in multiple settings, were placed in more than one classification. Texas used the CHIP benefits detailed in state managed care contracts, which list out the benefit categories CHIP MCOs must provide, to guide the classification process. For example, benefits were placed in the inpatient classification if the managed care contracts explicitly identified the benefit as an inpatient benefit. The inpatient services are those known to be delivered in an inpatient setting (such as a hospital), billed on an inpatient claim, or billed as a diagnosis‐related group.
Outpatient benefits are those that are specifically identified as outpatient in the managed care contracts, billed using an outpatient claim, or known to be delivered in an outpatient setting such as an office or home. Emergency services represent services delivered in an emergency department, emergency ambulance transport, or psychiatric crisis stabilization services.
The pharmacy classification consists of all prescription drugs available through a CHIP‐enrolled pharmacy and included on the Texas Drug Code Index 9 (the state-administered formulary). Clinician‐administered drugs, because they are delivered in an outpatient setting, were classified as outpatient benefits. In the CHIP benefit package, the state’s CHIP program provides both mental health and substance use disorder (MH/SUD) benefits and medical/surgical in all four classifications.
6.2.3.1 MHPAEA Please describe below the standard(s) used to place covered benefits into one of the four classifications.
6.2.3.1.1 MHPAEA The State assures that:
The State has classified all benefits covered under the State plan into one of the four classifications. The same reasonable standards are used for determining the classification for a mental health or substance use disorder benefit as are used for determining the classification of medical/surgical benefits. 6.2.3.1.2- MHPAEA Does the State use sub-classifications to distinguish between office visits and other outpatient services?
Yes
No
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6.2.3.1.2.1- MHPAEA If the State uses sub-classifications to distinguish between outpatient office visits and other outpatient services, the State assures the following:
The sub-classifications are only used to distinguish office visits from other outpatient items and services, and are not used to distinguish between similar services on other bases (ex: generalist vs. specialist visits). Guidance: For purposes of this section, any reference to “classification(s)” includes sub-classification(s) in states using sub-classifications to distinguish between outpatient office visits from other outpatient services.
6.2.3.2 MHPAEA The State assures that:
Mental health/ substance use disorder benefits are provided in all classifications in which medical/surgical benefits are provided under the State child health plan.
Guidance: States are not required to cover mental health or substance use disorder benefits (42 CFR 457.496(f)(2)). However if a state does provide any mental health or substance use disorder benefits, those mental health or substance use disorder benefits must be provided in all the same classifications in which medical/surgical benefits are covered under the State child health plan (42 CFR 457.496(d)(2)(ii).
Annual and Aggregate Lifetime Dollar Limits
6.2.4- MHPAEA A State that provides both medical/surgical benefits and mental health and/or substance use disorder benefits must comply with parity requirements related to annual and aggregate lifetime dollar limits for benefits covered under the State child health plan. (42 CFR 457.496(c))
6.2.4.1- MHPAEA Please indicate whether the State applies an aggregate lifetime dollar limit and/or an annual dollar limit on any mental health or substance abuse disorder benefits covered under the State child health plan.
Aggregate lifetime dollar limit is applied Aggregate annual dollar limit is applied No dollar limit is applied
Guidance: A monetary coverage limit that applies to all CHIP services provided under the State child health plan is not subject to parity requirements.
If there are no aggregate lifetime or annual dollar limits on any mental health or substance use disorder benefits, please go to section 6.2.5- MHPAEA.
6.2.4.2- MHPAEA Are there any medical/surgical benefits covered under the State child health plan that
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have either an aggregate lifetime dollar limit or an annual dollar limit? If yes, please specify what type of limits apply.
Yes (Type(s) of limit: There is a $20,000 annual dollar limit (12-month limit) for durable medical equipment, prosthetic devices, and disposable medical supplies (diabetic supplies and equipment are not counted against this cap). Tobacco cessation is covered up to $100 for a 12-month period limit for a health-plan approved program.
No
Guidance: If no aggregate lifetime dollar limit is applied to medical/ surgical benefits, the State may not impose an aggregate lifetime dollar limit on any mental health or substance use disorder benefits. If no aggregate annual dollar limit is applied to medical/surgical benefits, the State may not impose an aggregate annual dollar limit on any mental health or substance use disorder benefits. (42 CFR 457.496(c)(1))
6.2.4.3 – MHPAEA. States applying an aggregate lifetime or annual dollar limit on medical/surgical benefits and mental health or substance use disorder benefits must determine whether the portion of the medical/surgical benefits to which the limit applies is less than one-third, at least one-third but less than two-thirds, or at least two-thirds of all medical/surgical benefits covered under the State plan (42 CFR 457.496(c)). The portion of medical/surgical benefits subject to the limit is based on the dollar amount expected to be paid for all medical/surgical benefits under the State plan for the State plan year or portion of the plan year after a change in benefits that affects the applicability of the aggregate lifetime or annual dollar limits. (42 CFR 457.496(c)(3))
The State assures that it has developed a reasonable methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit, as applicable. Texas does not have an aggregate lifetime or annual dollar limit on mental health or substance use disorder benefits. Guidance: Please include the state’s methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit and the results as an attachment to the State child health plan.
6.2.4.3.1- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to a lifetime dollar limit:
Less than 1/3
At least 1/3 and less than 2/3 At least 2/3
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6.2.4.3.2- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to an annual dollar limit:
Less than 1/3
At least 1/3 and less than 2/3 At least 2/3
Guidance: If an aggregate lifetime limit is applied to less than one-third of all medical/surgical benefits, the State may not impose an aggregate lifetime limit on any mental health or substance use disorder benefits. If an annual dollar limit is applied to less than one-third of all medical surgical benefits, the State may not impose an annual dollar limit on any mental health or substance use disorder benefits (42 CFR 457.496(c)(1)). Skip to section 6.2.5-MHPAEA.
If the State applies an aggregate lifetime or annual dollar limit to at least one-third of all medical/surgical benefits, please continue below to provide the assurances related to the determination of the portion of total costs for medical/surgical benefits that are subject to either an annual or lifetime limit.
6.2.4.3.2.1- MHPAEA If the State applies an aggregate lifetime or annual dollar limit to at least 1/3 and less than 2/3 of all medical/surgical benefits, the State assures the following (42 CFR 457.496(c)(4)(i)(B)); (42 CFR 457.496(c)(4)(ii)):
The State applies an aggregate lifetime or annual dollar limit on mental health or substance use disorder benefits that is no more restrictive than an average limit calculated for medical/surgical benefits. Guidance: The state’s methodology for calculating the average limit for medical/surgical benefits must be consistent with 42 CFR 457.496(c)(4)(i)(B) and 42 CFR 457.496(c)(4)(ii). Please include the state’s methodology and results as an attachment to the State child health plan.
6.2.4.3.2.2- MHPAEA If at least 2/3 of all medical/surgical benefits are subject to an annual or lifetime limit, the State assures either of the following (42 CFR 457.496(c)(2)(i)); (42 CFR 457.496(c)(2)(ii)):
The aggregate lifetime or annual dollar limit is applied to both medical/surgical benefits and mental health and substance use disorder benefits in a manner that does not distinguish between medical/surgical benefits and mental health and substance use disorder benefits; or The aggregate lifetime or annual dollar limit placed on mental health and substance use disorder benefits is no more restrictive than the aggregate lifetime or annual dollar limit on medical/surgical benefits.
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Quantitative Treatment Limitations
6.2.5- MHPAEA Does the State apply quantitative treatment limitations (QTLs) on any mental health or substance use disorder benefits in any classification of benefits? If yes, specify the classification(s) of benefits in which the State applies one or more QTLs on any mental health or substance use disorder benefits. Yes
No
Guidance: If the state does not apply any type of QTLs on any mental health or substance use disorder benefits in any classification, the state meets parity requirements for QTLs and should continue to Section 6.2.6 - MHPAEA. If the state does apply QTLs to any mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue.
6.2.5.1- MHPAEA Does the State apply any type of QTL on any medical/surgical benefits?
Yes No
Guidance: If the State does not apply QTLs on any medical/surgical benefits, the State may not impose quantitative treatment limitations on mental health or substance use disorder benefits, please go to Section 6.2.6- MHPAEA related to non-quantitative treatment limitations.
6.2.5.2- MHPAEA Within each classification of benefits in which the State applies a type of QTL on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the classification which are subject to the limitation. More specifically, the State must determine the ratio of (a) the dollar amount of all payments expected to be paid under the State plan for medical and surgical benefits within a classification which are subject to the type of quantitative treatment limitation for the plan year (or portion of the plan year after a mid-year change affecting the applicability of a type of quantitative treatment limitation to any medical/surgical benefits in the class) to (b) the dollar amount expected to be paid for all medical and surgical benefits within the classification for the plan year. For purposes of this paragraph, all payments expected to be paid under the State plan includes payments expected to be made directly by the State and payments which are expected to be made by MCEs contracting with the State. (42 CFR 457.496(d)(3)(i)(C))
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above for each classification within which the State applies QTLs to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E)) Guidance: Please include the state’s methodology and results as an attachment to the State child health plan.
6.2.5.3- MHPAEA For each type of QTL applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of QTL to “substantially all” (defined as at
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least two-thirds) of the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes
No
The State does not apply any QTL to any MH/SUD benefit.
Guidance: If the State does not apply a type of QTL to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose that type of QTL on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
6.2.5.3.1- MHPAEA For each type of QTL applied to mental health or substance use disorder benefits, the State must determine the predominant level of that type which is applied to medical/surgical benefits in the classification. The “predominant level” of a type of QTL in a classification is the level (or least restrictive of a combination of levels) that applies to more than one-half of the medical/surgical benefits in that classification, as described in 42 CFR 457.496(d)(3)(i)(B). The portion of medical/surgical benefits in a classification to which a given level of a QTL type is applied is based on the dollar amount of payments expected to be paid for medical/surgical benefits subject to that level as compared to all medical/surgical benefits in the classification, as described in 42 CFR 457.496(d)(3)(i)(C). For each type of quantitative treatment limitation applied to mental health or substance use disorder benefits, the State assures:
The same reasonable methodology applied in determining the dollar amounts used to determine whether substantially all medical/surgical benefits within a classification are subject to a type of quantitative treatment limitation also is applied in determining the dollar amounts used to determine the predominant level of a type of quantitative treatment limitation applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E)) The level of each type of quantitative treatment limitation applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i))
Guidance: If there is no single level of a type of QTL that exceeds the one-half threshold, the State may combine levels within a type of QTL such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
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Non-Quantitative Treatment Limitations
6.2.6- MHPAEA The State may utilize non-quantitative treatment limitations (NQTLs) for mental health or substance use disorder benefits, but the State must ensure that those NQTLs comply with all the mental health parity requirements. (42 CFR 457.496(d)(4)); (42 CFR 457.496(d)(5)) 6.2.6.1 – MHPAEA If the State imposes any NQTLs, complete this subsection. If the State does not impose NQTLs, please go to Section 6.2.7-MHPAEA.
The State assures that the processes, strategies, evidentiary standards or other factors used in the application of any NQTL to mental health or substance use disorder benefits are no more stringent than the processes, strategies, evidentiary standards or other factors used in the application of NQTLs to medical/surgical benefits within the same classification. Guidance: Examples of NQTLs include medical management standards to limit or exclude benefits based on medical necessity, restrictions based on geographic location, provider specialty, or other criteria to limit the scope or duration of benefits and provider network design (ex: preferred providers vs. participating providers). Additional examples of possible NQTLs are provided in 42 CFR 457.496(d)(4)(ii). States will need to provide a summary of its NQTL analysis, as well as supporting documentation as requested.
6.2.6.2 – MHPAEA The State or MCE contracting with the State must comply with parity if they provide coverage of medical or surgical benefits furnished by out-of-network providers.
6.2.6.2.1- MHPAEA Does the State or MCE contracting with the State provide coverage of medical or surgical benefits provided by out-of-network providers?
Yes
No
Guidance: The State can answer no if the State or MCE only provides out of network services in specific circumstances, such as emergency care, or when the network is unable to provide a necessary service covered under the contract.
6.2.6.2.2- MHPAEA If yes, the State must provide access to out-of-network providers for mental health or substance use disorder benefits. Please assure the following:
The State attests that when determining access to out-of-network providers within a benefit classification, the processes, strategies, evidentiary standards, or other factors used to determine access to those providers for mental health/ substance use disorder benefits are comparable to and applied no more stringently than the processes, strategies, evidentiary standards or other factors used to determine access for out- of-network providers for medical/surgical benefits.
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Availability of Plan Information 6.2.7- MHPAEA The State must provide beneficiaries, potential enrollees, and providers with information related to medical necessity criteria and denials of payment or reimbursement for mental health or substance use disorder services (42 CFR 457.496(e)) in addition to existing notice requirements at 42 CFR 457.1180.
6.2.7.1- MHPAEA Medical necessity criteria determinations must be made available to any current or potential enrollee or contracting provider, upon request. The state attests that the following entities provide this information:
State
Managed Care entities Both Other
Guidance: If other is selected, please specify the entity.
6.2.7.2- MHPAEA Reason for any denial for reimbursement or payment for mental health or substance use disorder benefits must be made available to the enrollee by the health plan or the State. The state attests that the following entities provide denial information:
State
Managed Care entities Both Other
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Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well- child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The state has used numerous methods to assure that CHIP beneficiaries receive quality services that are appropriate to their needs. These methods include the following:
• Requirement that health plans submit patient-level encounter data to the CHIP External Quality Review Organization (EQRO). The data is analyzed using HEDIS and other benchmarks to assess the provision of well-baby, well-child and immunization services.
• Assess health plan delivery of child health services through comprehensive surveys of the enrolled CHIP population.
• Requirement that HMOs and EPOs develop and maintain quality assurance and quality improvement programs.
• Verification that the HMOs and EPO have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services; telephone appointments; and advice and member service lines.
• Restrictions on physician incentive plans.
• Requirement that HMOs and EPOs provide training to providers on a number of topics including the special needs of CHIP Phase II clients.
• Requirement that HMOs and EPOs have health education and wellness promotion programs.
• Requirement that HMOs and EPOs maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
• Requirement that HMOs and EPOs develop, implement and maintain a member complaint system.
• Requirement that HMOs and EPOs send notice to CHIP beneficiaries on the HMO’s appeals process for services that are denied, delayed, reduced or terminated.
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• Access to a grievance process to appeal an HMO or EPO action.
In addition to internal monitoring processes, an external quality monitor is used to evaluate quality assurance activities described above for the HMO and EPO models.
To ensure children receive proper well-baby and well-child care and immunizations, HMO and any EPO providers are required to do the following:
• Provide children with well-baby and well-child care and immunizations according to the American Academy of Pediatrics or DSHS periodicity schedule for children. Provide well-child care and immunizations to all children except when the family refuses services after being provided accurate and complete information about services.
• Ensure that families are provided information and education materials about well-child care and immunizations, especially the importance of well-child checkups, and about how and when to obtain the services.
• Provide training to network providers and provider staff about well-child care and immunizations.
Will the state utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. Quality standards Health Plans are encouraged to follow QISMC guidelines and other standards established by the state in the development and maintenance of their Quality Improvement Programs.
7.1.2. Performance measurement Texas is using a variety of performance measures to assess program quality, including pediatric HEDIS measures, ambulatory care sensitive conditions, case-mix adjusted actual versus expected experience rankings, and consumer survey results (including results from the Consumer Assessment of Health Plans Study (CAHPS)).
7.1.3. Information strategies The EQRO produces reports for analysis which focus on the review and assessment of quality of care given by CHIP health plans, detection of over and under-utilization, and other user-defined reporting criteria and standards.
7.1.4. Quality improvement strategies
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The state requires all CHIP Health Plans to develop and maintain a Quality Improvement Program (QIP) system that complies with federal regulations relating to Quality Assurance systems, and state insurance department regulations. Each Health Plan QIP must be approved by the state. Health Plans must conduct focused health studies in areas established by the state. All aspects of the health plans QIP will be monitored by the state. The state will also perform ongoing medical record reviews, and retrospective medical record reviews for health plans.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495)
As a means of measuring accessibility, the state has established standard ratios of full-time equivalent PCPs to CHIP beneficiaries and full-time board certified/board eligible pediatricians to CHIP beneficiaries.
Network managers are required to ensure that primary care providers (PCP) are located no more than 30 miles from any member, unless approved by the state. Members are generally not required to travel in excess of 75 miles to secure initial contact with referral specialists; special hospitals, psychiatric hospitals; diagnostic and therapeutic services; and single service health care physicians or providers except when approved by the state. Networks must include pediatricians and physicians with pediatric experience that is adequate to provide eligible children and adolescents with the full scope of benefits.
Network managers are required to demonstrate their ability to monitor network capacity and member access to needed services throughout the geographic service area in order to maintain the adequacy of the network. Managers need to maintain systems for monitoring patient load so that they can effectively plan for future needs and recruit providers as necessary to assure adequate access to primary care and specialty care. Health plan are also required to routinely monitor and ensure the after-hours availability and accessibility of PCPs.
The state requires that networks provide access to urgent care within 24 hours of request and routine care within 2 weeks of request. The state also requires that networks provide medically necessary emergency services 24 hours a day, seven days a week, either by access to the PCP or after-hours coverage through the Health Plan’s network facilities, or through reimbursement of out-of-network providers.
Networks are required to maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
The state tracks network utilization controls and will monitor inpatient admissions, emergency room use, ancillary, and out-of-area services for CHIP network clients.
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7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a)) SEE 7.1 7.2.2 Access to covered services, including emergency services as defined in 42 CFR §457.10. (Section 2102(a)(7)) (42CFR 457.495(b)) SEE 7.2
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The state monitors the status of children with special health care needs through quarterly reviews of encounter data and periodic surveys of the CHIP families. When deficiencies are identified, among particular plans, corrective action plans are implemented.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
The state assures decisions related to the prior authorization of health services are completed in accordance with state law by reviewing quarterly member and provider complaint reports, conducting spot audits and completing, with the state's EQRO, a periodic Quality of Care Survey of members.
CHIP health plans are subject to state commercial insurance statutes and regulations regarding utilization review, which contain requirements as stringent as federal provisions.
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Section 8. Cost-sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42 CFR 457.505) Indicate if this also applies for pregnant women. (CHIPRA #2, SHO # 09-006, issued May 11, 2009)
8.1.1. Yes 8.1.2. No, skip to question 8.8.
8.1.1-PW 8.1.2-PW Yes No, skip to question 8.8.
Guidance: It is important to note that for families below 150 percent of poverty, the same limitations on cost sharing that are under the Medicaid program apply. (These cost-sharing limitations have been set forth in Section 1916 of the Social Security Act, as implemented by regulations at 42 CFR 447.50 - 447.59). For families with incomes of 150 percent of poverty and above, cost sharing for all children in the family cannot exceed 5 percent of a family's income per year. Include a statement that no cost sharing will be charged for pregnancy-related services. (CHIPRA #2, SHO # 09-006, issued May 11, 2009) (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge by age and income (if applicable) and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2.1. Premiums:
8.2.2. Deductibles:
8.2.3. Coinsurance or copayments: Cost-Sharing At or below 151% FPL Charge Office Visit (non-preventative)* No co-pay is applied for MH/SUD Office Visits.** $5 Non-Emergency ER $5 Generic Drug $0 Brand Drug $5 Facility Co-pay, Inpatient (per admission)** No co-pay is applied for MH/SUD residential treatment services.*** $35 Cost-sharing Cap 5% (of family’s income)** Above 151% up to and including 186% FPL Charge
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Office Visit (non-preventative)* No co-pay is applied for MH/SUD Office Visits.** $20 Non-Emergency ER $75 Generic Drug $10 Brand Drug $35 Facility Co-pay, Inpatient (per admission)** No co-pay is applied for MH/SUD residential treatment services.*** $75 Cost-sharing Cap 5% (of family’s income)** Above 186% up to and including 201% FPL Charge Office Visit (non-preventative)* No co-pay is applied for MH/SUD Office Visits.** $25 Non-Emergency ER $75 Generic Drug $10 Brand Drug $35 Facility Co-pay, Inpatient (per admission)** No co-pay is applied for MH/SUD residential treatment services.*** $125 Cost-sharing Cap 5% (of family’s income)** *The office visit co-payment amounts also apply to non-preventive dental visits. ** As of July 1, 2022, co-pays are not applied for MH/SUD Office Visits. *** As of July 1, 2022, co-pays are not applied for MH/SUD residential treatment services.
8.2.4. Other:
8.2-DS Supplemental Dental (CHIPRA # 7, SHO # #09-012 issued October 7, 2009) For children enrolled in the dental- only supplemental coverage, describe the amount of cost-sharing, specifying any sliding scale based on income. Also describe how the State will track that the cost sharing does not exceed 5 percent of gross family income. The 5 percent of income calculation shall include all cost-sharing for health insurance and dental insurance. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b), and (c), 457.515(a) and (c), and 457.560(a)) Please update Sections 1.1-DS, 4.1-DS, 4.2-DS, 6.2-DS, and 9.10 when electing this option.
8.2.1-DS Premiums:
8.2.2-DS Deductibles:
8.2.3-DS Coinsurance or copayments:
8.2.4-DS Other:
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8.3. Describe how the public will be notified, including the public schedule, of this cost sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)(1)(A)) (42 CFR 457.505(b)) Texas Health and Human Services will update CHIP policy changes on the HHSC website. CHIP members will also receive notifications from their health plan.
Guidance: The State should be able to demonstrate upon request its rationale and justification regarding these assurances. This section also addresses limitations on payments for certain expenditures and requirements for maintenance of effort.
8.4. The State assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1.
8.4.2.
8.4.3 Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42 CFR 457.530) No cost-sharing applies to well-baby and well-child care, including age-appropriate immunizations. (Section 2103(e)(2)) (42 CFR 457.520) No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42 CFR 457.515(f))
8.4.1- MHPAEA There is no separate accumulation of cumulative financial requirements, as defined in 42 CFR 457.496(a), for mental health and substance abuse disorder benefits compared to medical/surgical benefits. (42 CFR 457.496(d)(3)(iii))
8.4.2- MHPAEA If applicable, any different levels of financial requirements that are applied to different tiers of prescription drugs are determined based on reasonable factors, regardless of whether a drug is generally prescribed for medical/surgical benefits or mental health/substance use disorder benefits. (42 CFR 457.496(d)(3)(ii)(A))
8.4.3- MHPAEA Cost sharing applied to benefits provided under the State child health plan will remain capped at five percent of the beneficiary’s income as required by 42 CFR 457.560 (42 CFR 457.496(d)(3)(i)(D)).
8.4.4- MHPAEA Does the State apply financial requirements to any mental health or substance use disorder benefits? If yes, specify the classification(s) of benefits in which the State applies financial requirements on any mental health or substance use disorder benefits.
Yes
As of July 1, 2022, CHIP copayments do not apply to MH/SUD office visits and residential treatment services.
Copayments are applied to inpatient care, and prescription drugs.
There is an income-based cap on out-of-pocket maximums. The out‐of‐pocket maximum is an aggregate cap per 12‐month term of coverage that is based on 5 percent of a family’s income that is applied across all income groups. This out‐of‐pocket maximum is cumulative and is not applied separately for MH/SUD and M/S benefits.
No
Guidance: For the purposes of parity, financial requirements include deductibles, copayments, coinsurance, and out of pocket maximums; premiums are excluded from the definition. If the state does not apply financial requirements on any mental health or substance use disorder
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benefits, the state meets parity requirements for financial requirements. If the state does apply financial requirements to mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue below.
Please ensure that changes made to financial requirements under the State child health plan as a result of the parity analysis are also made in Section 8.2.
8.4.5- MHPAEA Does the State apply any type of financial requirements on any medical/surgical benefits?
Yes
No
Guidance: If the State does not apply financial requirements on any medical/surgical benefits, the State may not impose financial requirements on mental health or substance use disorder benefits.
8.4.6- MHPAEA Within each classification of benefits in which the State applies a type of financial requirement on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the class which are subject to the limitation.
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above (Section 6.2.5.2-MHPAEA) for each classification or within which the State applies financial requirements to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E))
Guidance: Please include the state’s methodology and results of the parity analysis as an attachment to the State child health plan.
8.4.7- MHPAEA For each type of financial requirement applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of financial requirement to at least two-thirds (“substantially all”) of all the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes
No
Guidance: If the State does not apply a type of financial requirement to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose financial requirements on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
8.4.8- MHPAEA For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State must determine the predominant level (as defined in 42 CFR 457.496(d)(3)(i)(B)) of that type which is applied to medical/surgical benefits in the classification. For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State assures:
The same reasonable methodology applied in determining the dollar amounts used in determining whether substantially all medical/surgical benefits within a classification are subject to a type of financial requirement also is applied in determining the dollar amounts used to determine the predominant level of a type of financial requirement applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E))
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The level of each type of financial requirement applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i)) Guidance: If there is no single level of a type of financial requirement that exceeds the one-half threshold, the State may combine levels within a type of financial requirement such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
8.5. Describe how the State will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the State for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
8.6. Describe the procedures the State will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42 CFR 457.535)
8.7. Provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42 CFR 457.570 and 457.505(c))
Guidance: Section 8.7.1 is based on Section 2101(a) of the Act provides that the purpose of title XXI is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children.
8.7.1. Provide an assurance that the following disenrollment protections are being applied:
Guidance: Provide a description below of the State’s premium grace period process and how the State notifies families of their rights and responsibilities with respect to payment of premiums. (Section 2103(e)(3)(C))
8.7.1.1. State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42 CFR 457.570(a))
8.7.1.2. The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non-payment of cost-sharing charges. (42 CFR 457.570(b))
8.7.1.3. In the instance mentioned above, that the State will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42 CFR 457.570(b))
8.7.1.4 The State provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42 CFR 457.570(c))
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8.6 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e)) 8.8.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.8.2. No cost sharing (including premiums, deductibles, co-pays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.8.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.8.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.8.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475) NOT COVERED.
8.8.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475) NOT COVERED.
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Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Performance Goal A: Compare annual data of the number and percent of children enrolled in CHIP to the estimated number of potentially CHIP eligible children in the state.
Performance Goal B: Track participation by county, age, and racial/ethnic groups.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Performance Goal A: Track number and percentage of CHIP-coverage children with completed immunizations at end of middle school (approximately 12-14 years of age).
Performance Goal B: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
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Performance Goal A: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Performance Goal B: Track number and percentage of CHIP-coverage children receiving emergency services by county and age.
Performance Goal C: Track number and percentage of CHIP-coverage children having hospital discharges by county and age.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A), (B)) (42CFR 457.710(d))
The strategic objectives and performance goals of the Title XXI CHIP program have been initiated for the first biennium based on the principal desire of the state to plan and implement a successful CHIP program in Texas. In order to be successful, the program design includes significant attention to outreach, eligibility determination, enrollment, and the participation of providers and children.
The state developed four strategic objectives to measure access, service provision, quality of care and health resources utilization as a means of evaluating the health status of children in the CHIP program. Data have been obtained from managed care plans, medical records and surveys. Health plan patient-level encounter data have been analyzed using case-mix adjustment process, including the Chronic Illness and Disability Payment System (CDPS) and Ambulatory Care Groups (ACGs) frameworks. In addition, the state has used encounter data to assess health plan performance on child and adolescent HEDIS measures. The state has also completed three enrollee surveys, including a survey of New Enrollees, Disenrollees, Established Enrollees Consumer Assessment of Health Plans Survey (CAHPS) of each health plan by service area.
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. The reduction in the percentage of uninsured children. 9.3.3. The increase in the percentage of children with a usual source of care.
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9.3.4. The extent to which outcome measures show progress on one or more of the health problems identified by the state. 9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19. 9.3.6. Other child appropriate measurement set. List or describe the set used. 9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as: 9.3.7.1. Immunizations 9.3.7.2. Well-child care 9.3.7.3. Adolescent well visits 9.3.7.4. Satisfaction with care (Surveys) 9.3.7.5. Mental health 9.3.7.6. Dental care 9.3.7.7. Other, please list: 9.3.8. Performance measures for special targeted populations. [Children with Special Health Care Needs (CSHCN) Screener questions included in Surveys]
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
Texas will develop the necessary data sources and baselines with which to assess and evaluate program performance consistent with Title XXI requirements and the requirements of day-to-day program management.
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HHSC will dedicate staff or contracted resources to review program performance and develop strategies for improvement
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards) 9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4. Section 1132 (relating to periods within which claims must be filed) 9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The state has actively sought the involvement of the public in the development of the Texas CHIP Phase II program through numerous avenues. The Lieutenant Governor established the Senate Interim Committee on Children’s Health Insurance in March 1998, which heard extensive testimony during the summer from the public on the policy options and recommendations for CHIP. The Texas House Committee on Appropriations and the Texas House Committee on Public Health also participated in joint public hearings on CHIP with the Senate Interim Committee. Hearings were widely publicized through the Texas Register, media advisories, Internet web sites, and targeted mailings to advocacy groups. State agency representatives have met on a regular basis with legislative staff to gain legislative input on the development of draft proposals.
In addition to legislative public hearings, the Health and Human Services Commission, in collaboration with the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental Health and
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Mental Retardation held 10 public hearings around the state throughout the fall of 1998 and early in 1999. The state made a concerted effort to attract families, providers, health officials, advocates, community-based organizations, and other community representatives to these hearings, specifically by working with state and local CHIP Coalitions representing a broad range of consumer and provider interests. Public hearings were held in late afternoon – early evening to better allow family members to attend. The state also hosted local discussions at each of the public hearing sites to establish community linkages and gain community input on local outreach strategies and other topics in a more informal setting. Local advisory groups are used to provide ongoing direction and input on outreach strategies for Texas CHIP.
A number of advocacy groups in Texas formed the CHIP Coalition in Spring 1998. State representatives meet regularly with the CHIP Coalition, making presentations on various aspects of the program design and seeking feedback throughout the development process. The state used the CHIP Coalition to provide input and guidance on program components as Texas CHIP was implemented. The State also meets with the Disability Policy Consortium, which represents statewide disability advocacy groups, to discuss developments in Texas CHIP.
State representatives meet with state provider organizations, such as the Texas Medical Association and the Texas Hospital Association. State staff present at numerous provider conferences and meetings. Continued involvement of these organizations is essential in the operation of Texas CHIP.
Public involvement in implementation of Texas CHIP was ensured through state agencies’ rule-making processes and through public participation in outreach efforts. In addition, regional advisory committees with broad representation across provider and consumer groups and including parents of CHIP enrollees were formed to provide advice on program policy, management, and outreach.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR §457.125. (Section 2107(c)) (42CFR 457.120(c))
HHSC requires health plans and dental plans to seek participation in its provider network from the tribal health clinics.
American Indian and Alaska Native children are exempt from cost sharing.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in §457.65 (b) through (d).
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CHIP Program changes related to the time period for payment of cost sharing obligations – This amendment increases the amount of time that enrollees have to pay the enrollment fee upon renewal of their coverage. Prior public notice was provided through:
Posting of a notice in the Texas Register regarding the submission of the CHIP state plan amendment, including contact information to obtain a copy of the amendment.
CHIP Program Changes related to extension of coverage for Prenatal Care and Associated Health Care Services:
Public input was sought through meetings with interested stakeholders such as the Texas Hospital Association, the Texas CHIP Coalition, and the Texas Association of Health Plans. Eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee and the Texas Health and Human Services Commission Agency Council. Public testimony was taken at both meetings, and an additional public hearing was held on November 1, 2005. Public notice was also submitted to the Texas Register.
CHIP Program Changes related to HB 109, 80th Legislature, Regular Session, 2007:
Public testimony on H.B. 109 was received during legislative hearings held on March 1, 2007, March 8, 2007, and May 17, 2007. Public input was sought through meetings with interested stakeholders, including the meeting with the Texas CHIP Coalition on June 8, 2007. Additional public input was sought through a meeting with the Texas CHIP Coalition on June 15, 2007. Proposed eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee on June 14, 2007, and to the Texas Health and Human Services Commission Council on June 21, 2007. Both meetings were open to the public. The eligibility and cost sharing rules were published in the Texas Register on July 6, 2007, with a 30-day public comment period. A public hearing was held on the proposed rules on July 19, 2007. A public notice was submitted to the Texas Register in July 2007 regarding the State’s intent to submit the state plan amendment to CMS. The public will be able to request copies of the proposed state plan amendment.
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CHIP income exemption for temporary census employees:
A public notice was submitted to the Texas Register for publication in September 2008 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in September 2008. Notification was provided to the Texas CHIP Coalition in September 2008.
CHIP eligibility expansion for Qualified Aliens:
A public notice was submitted to the Texas Register for publication in May 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in May 2010. Notification was provided to stakeholders, including the Texas CHIP Coalition in May 2010. CHIP changes for hospice care:
A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the Native American tribes in Texas in August 2010. Notification was provided to the Texas CHIP Coalition in August 2010. CHIP Perinatal Program to deem newborns to Medicaid for 12 continuous months of coverage if the family income is at or below 185 percent of FPL:
Public notice was mailed to interested stakeholders on April 13, 2010. Public notice of the proposed amendment was published in the Texas Register on April 23, 2010. The public can request copies of the state plan amendment. Proposed eligibility rules were presented to the Texas Health and Human Services Commission Council in a meeting held on April 29, 2010. This meeting was open to the public. Notification was provided to the three Native American tribes in
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Texas in August 2010.
CHIP method of finance change to provide federal matching funds for the children of public school employees:
A public notice was submitted to the Texas Register for publication in January 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in January 2011. Notification was provided to the Texas CHIP Coalition in January 2011.
CHIP changes for behavioral health benefits and cost-sharing:
A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in September 2010. Notification was provided to the Texas CHIP Coalition in September 2010.
CHIP change to provide federal matching funds for public employee children:
A public notice was submitted to the Texas Register for publication in June 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in June 2011. Notification was provided to the Texas CHIP Coalition in June 2011.
CHIP dental program and cost-sharing changes: A public notice was submitted to the Texas Register for publication in October 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in October 2010. Notification was provided to the Texas CHIP Coalition in October 2010.
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The Texas Dental Association was provided notice in October 2010. A public notice was submitted to the Texas Register for publication in July 2011 regarding the State’s intent to submit a revised state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Updated notification was provided to the three Native American tribes in Texas in July 2011. Updated notification was provided to the Texas CHIP Coalition in July 2011. The Texas Dental Association was provided updated notice in July 2011.
CHIP eligibility changes pertaining to the Affordable Care Act for MAGI eligibility and methods: A public notice was submitted to the Texas Register for publication on February 28, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for Medicaid expansion: A public notice was submitted to the Texas Register for publication on April 4, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for section 2101 (f) Group Establishment: A public notice was submitted to the Texas Register for publication on April 11, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for eligibility process: A public notice was submitted to the Texas Register for publication on December 27, 2013, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas
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and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for Non- Financial Eligibility: A public notice was submitted to the Texas Register for publication on April 11, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP Eligibility changes pertaining to enrollment and cost continent: A public notice was submitted to the Texas Register for publication on January 20, 2017 regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the three federally-recognized tribes in Texas and the Urban Inter-Tribal Center of Texas on March 21, 2017.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
Planned use of funds, including -- - Projected amount to be spent on health services; - Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and - Assumptions on which the budget is based, including cost per child and expected enrollment.
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Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees
CHIP Budget Plan Federal Fiscal Year 2017 Costs Enhanced FMAP rate (state share) 0.0767 Benefit Costs Managed Care Premiums Per member/per month rate times the number of eligibles CHIP 944,341,167 Per member/per month rate times the number of eligibles Medicaid* 111,340,169 Fee for Service: Prescription Drugs CHIP 0 Prescription Drugs Medicaid* 0 Total Benefit Costs 1,055,681,336 (Offsetting beneficiary cost sharing payments) (4,666,965) Net Benefit Costs 1,051,014,371 Administration Costs Eligibility Enrollment and Outreach 49,089,848 Other Administration 25,600,599 Subtotal 74,690,447 Total Administration Costs 74,690,447 10% Administrative Cost Ceiling (benefits-cost share)/9) 116,779,375 Federal Share (multiplied by EFMAP rate) 1,039,363,259 State Share 86,341,560 TOTAL PROGRAM COSTS 1,125,704,818
Notes: The Federal Fiscal Year (FFY) runs from October 1st through September 30th. Members per Month and PMPM assumptions are derived from the FFY17 updated Fall forecast. Client Service cost include HMO/EPO Premiums, Dental, Vaccines, and Prescription Drugs. Prescription Drugs were included in managed care premiums beginning in March 2012.
Average Monthly Caseload for Federally-Funded CHIP (Traditional): FFY 2017 = 379,586. The PMPM assumptions are $133.66 for premiums, $25.80 for Dental, and $5.53 for Vaccines.
Average Monthly Caseload for the Federally-Funded CHIP Perinate program: FFY 2017 = 34,862. The PMPM assumptions are $460.81 for premiums, $0.01 for dental, and $0.13 for vaccines.
Average Monthly Caseload for Qualified Aliens in Medicaid (using Title XXI): FFY2017 = 26,340. The PMPM assumption is $157.13 for premiums.
Average Monthly Caseload for CHIP clients under 138% FPIL (using Title XXI): FFY2017 = 253,927. The PMPM assumption is $20.24 for premiums.
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Assumptions:
Benefit costs represent payments to health providers for providing health care services to CHIP enrollees. These cost estimates are based upon the yearly mean average of enrollees and the average cost per enrollee per month. Administration costs represent the cost of eligibility determination and enrollment services, outreach, quality assurance efforts by the agency, audits, and actuarial work.
Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1), (2)) (42CFR 457.750) 10.1.1. The progress made in reducing the number of uncovered low- income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
10.3.1. The state assures that it will submit yearly the approved dental benefit package and submit quarterly the required information on dental providers in the state to the Human Resources and Services Administration for posting on the Insure Kids Now! website.
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Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents)
11.2.2. Section 1124 (relating to disclosure of ownership and related information)
11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals)
11.2.4. Section 1128A (relating to civil monetary penalties) 11.2.5. Section 1128B (relating to criminal penalties for certain additional charges)
11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program)
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Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR §457.1120. The HHSC review process is a program specific review, consisting of an impartial review performed by an HHSC unit that is separate from the unit that determines eligibility, as described below.
In 2007, the HHSC Request for Review unit was formed, consisting of a manager and ten review specialists. This unit works independently from the enrollment broker operations. No one in this review unit is directly involved in the initial eligibility determination, or any eligibility determination they are responsible for reviewing. CHIP eligibility is determined by state staff, and enrollment is processed by the administrative services contractor. If the family disagrees with the outcome, the family may submit a written Request for Review (RFR) by mail or fax to HHSC.
An HHSC review specialist makes a decision that the RFR is either denied or approved, and the family is notified of the decision by letter.
The unit’s independence from the staff performing the eligibility determinations helps to ensure that objective decisions are made. The review staff has no role in managing the vendor or measuring its performance, and has no role in the initial eligibility determinations. Persons who were directly involved “in the matter under review” do not participate in the review process. Additionally, the HHSC Eligibility Operations and Eligibility Services Support team completes audits to ensure requests for reviews were handled timely and accurately.
Eligibility and Enrollment Matters Review Process
1) Matters Subject to Review. An applicant or member may request a review of an initial adverse determination made by HHSC or its administrative contractor concerning the following: a) denial of eligibility; b) failure to make a timely determination of eligibility; and c) suspension or termination of enrollment (including disenrollment for failure to meet cost sharing obligations).
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2) Matters Not Subject to Review. HHSC is not required to provide an opportunity for review if the sole purpose for the decision is: a) a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment; or b) a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
Notice of Adverse Determinations
HHSC or its designee will provide the applicant or member written notice of any adverse eligibility or enrollment determination. The notice must include: 1) the action or determination and the reasons therefore; 2) the individual’s right to request review of the action or determination; 3) the process for initiating a review; 4) the time frame that applies to the review; and 5) the circumstances under which enrollment, if applicable, may continue pending review.
Requesting a Review The applicant or member must submit a timely written request for review.
Conduct of the Review
Applicants and members have a right to: 1) represent themselves or have representatives of their choosing participate in the review; 2) timely review their files and other applicable information relevant to the review; and 3) participate fully in the review, including by presenting supplemental information in the review process, whether the review is conducted in person, in writing, or by telephone.
Disposition of the Review
Timely Review. HHSC or its designee will complete its decision on the review in a timely manner as specified in 42 C.F.R. 457.1160 and furnish a written decision to the applicant or member. This decision is final and there are no further appeals.
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Expedited Review. If HHSC or its designee becomes aware that an enrollee’s medical condition requires an immediate need for health services, HHSC or its designee will conduct an expedited review.
Continuation of Enrollment Pending Disposition of Review and Reconsideration If an enrollee files a timely request for review of a suspension or termination of enrollment, HHSC or its designee will grant continuation of enrollment pending the review decision.
Timelines for Reviews
1) Families have 30 working days from date of notification letter to submit an appeal concerning HHSC’s decision to deny eligibility or disenroll. 2) HHSC has 10 working days after receiving appeal (in writing) to respond with a notice that the decision has been upheld or has been reversed. 3) Families have 15 working from date of response letter to submit written request for additional HHSC review. 5) HHSC has 15 working days to respond to family of the decision.
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR §457.1120. HHSC requires health insurers to comply with State-specific grievance and appeal requirements currently in effect in the State. State laws concerning adverse determinations are found in the Texas Insurance Code, Chapter 843, subchapters G and H, and Chapter 4201.
Health Services Matters subject to review are: 1) delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and 2) failure to approve, furnish or provide payment for health services in a timely manner.
Matters Not Subject to Review.
HHSC is not required to provide an opportunity for review if the sole purpose for the decision is a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment, or a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
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Model Application Template for the State Children’s Health Insurance Program 122 Effective Date: April 1,2018 July 1, 2022 Approval Date: March 19, 2020
Complaints Concerning Health Services Matters Pursuant to Insurance Code
A member, or a person acting on the member’s behalf, or the member’s physician or health care provider may file a complaint about an adverse determination made by a health plan provider pursuant to the provisions of the Texas Insurance Code Chapter 843, subchapters G and H, and Chapter 4201.. Such a complaint may lead to review by an independent external review organization formed pursuant to Chapter 4202 of the Texas Insurance Code.
Expedited Process for Complaints Concerning Health Services Matters Investigation and resolution of complaints concerning health services matters must be concluded in accordance with the medical needs of the patient.
Member Complaint and Appeal Process
The review process for health services matters is a Statewide Standard Review. All health and dental plans must have an internal appeals procedure to allow members to complain and appeal “adverse determinations,” which are decisions made by: (1) a health plan that health care services provided or proposed to be provided to a member are not medically necessary or appropriate, or (2) a dental plan that the dental services provided or proposed to be provided to a member are not dentally necessary or appropriate.
The health and dental plans must ensure that member appeals are generally resolved within 30 calendar days. After a member exhausts his or her appeal rights within the health or dental plan, the member can request an Independent Review Organization (IRO) to review the denial and make a determination.
Premium Assistance Programs
12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR §457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
(spa)(tx-19-0045)(approval-package)Texas CHIP SPA TX-19-0045: Approval Package (approved April 9, 2024, effective July 1, 2018)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: State Plan Amendment (SPA) #: This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages Texas TX-19-0045
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop: S2-01-16 Baltimore, Maryland 21244-1850 Children and Adults Health Programs Group April 9, 2024 Emily Zalkovsky Medicaid Director, Medicaid/CHIP Division Medical and Social Services State of Texas, Health and Human Services Commission 4900 Lamar Boulevard Austin, TX 78751 Dear Director Zalkovsky: Your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA), TX- 19-0045, submitted June 30, 2019, with additional information submitted on March 18, 2024 has been approved. This SPA has an effective date of July 1, 2018. Through this SPA, Texas has provided the necessary assurances indicating that the state complies with the managed care requirements in the delivery of CHIP services and benefits covered under the state’s separate child health plan as of July 1, 2018 consistent with the regulations at 42 CFR 457 Subpart L. Additionally, through this SPA the state is updating its process for conducting reviews of health services matters. This SPA approval does not substitute for CMS review of any contracts between the state and managed care entities that serve the state’s CHIP populations. All managed care contracts for CHIP populations in effect as of the state fiscal year beginning on or after July 1, 2018 must comply with the CHIP managed care regulations and be submitted for CMS review. Your title XXI project officer is Abbie Walsh. She is available to answer questions concerning this amendment and other CHlP-related issues. Her contact information is as follows: Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850 Telephone: (667) 290-8863 E-mail: abagail.walsh@cms.hhs.gov
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Page 2—Director Emily Zalkovsky If you have additional questions, please contact Meg Barry, Division Director, Division of State Coverage Programs, at (410) 786-1536. We look forward to continuing to work with you and your staff. Sincerely, Sarah deLone Director /Signed by Sarah deLone/
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Model Application Template for the State Children’s Health Insurance 1 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
MODEL APPLICATION TEMPLATE FOR OMB #: 0938-0707 Exp. Date: STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
Preamble
Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (CHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment.
This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements, as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI.
The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments.
Form CMS-R-211
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Model Application Template for the State Children’s Health Insurance 2 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM
(Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b)))
State/Territory: Texas (Name of State/Territory)
As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR, 457.40(b))
Cecile Young
(Signature of Governor, or designee, of State/Territory, Date Signed)
submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department.
The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)): Name: Stephanie StephensEmily Zalkovsky Position/Title: Chief Medicaid and CHIP Services Officer Name: Trey Wood Position/Title: Deputy Executive Commissioner of Financial Services Name: Position/Title:
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14-26, Baltimore, Maryland 21244.
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Model Application Template for the State Children’s Health Insurance 3 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101)
1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70):
1.1.1. Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR 1.1.2. Providing expanded benefits under the state’s Medicaid plan (Title XIX); OR 1.1.3. A combination of both of the above.* * Phase I children (Medicaid “Phase-In” children) covered under the original Texas CHIP state plan have been completely phased in to Medicaid as an eligibility group. However, the state would reserve the right to continue to claim FMAP for any outstanding and unpaid Medicaid claims for that group for dates of service prior to their conversion to a regular Medicaid FMAP group.
1.2 Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d))
1.3 Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130)
1.4 Please provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this plan or plan amendment (42 CFR 457.65):
Effective dates: See below.*
Implementation date: May 1, 2000 (CHIP Phase II)
* The Compliance SPA amendment, approved May 5, 2003, reformatted Texas’ previous CHIP state plan covering Phase I and Phase II children. In general, the effective date(s) are the same as the original CMS-approved effective dates for Phase I (Medicaid coverage for phase-in children) and Phase II (separate, state-designed CHIP coverage up to 200 percent FPL).
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Model Application Template for the State Children’s Health Insurance 4 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Subsequent amendments to the original CHIP state plan (related to the Phase II program) were incorporated into the new state plan template, and are effective per their CMS-approved effective dates. The amendments to date are listed below:
CHIP Method of Finance Change – Approved December 13, 2001, Effective September 1, 2001. CHIP Cost-sharing Changes- Approved May 1, 2002, Effective March 1, 2002. CHIP Car Seat Initiative- Approved November 25, 2002, Effective June 15, 2002. CHIP Community Health Worker Initiative – Approved May 5, 2003, Effective May 5, 2003. CHIP Program Changes related to actions of the 78th Texas Legislature – Approved July 25, 2003, Effective September 1, 2003. CHIP Program Changes related to Community Health Worker Initiative – Approved November 18, 2004, Effective August 1, 2004. CHIP Restoration of Medical Benefits – Approved May 26, 2006, Effective September 1, 2005. CHIP Cost-sharing Changes – Approved May 10, 2006, Effective January 1, 2006. CHIP Restoration of Dental Benefits – Approved December 23, 2005, Effective April 1, 2006. CHIP Program changes related to the time period for payment of cost- sharing obligations – Approved January 18, 2007, Effective August 1, 2006. CHIP Program changes related to the CHIP Perinatal Program – Approved June 2, 2006, Effective September 1, 2006. CHIP Program changes related to Applicant and Enrollee Protections – Approved September 24, 2007, Effective May 1, 2007. CHIP Program changes related to HB 109, 80th Legislature, Regular Session, 2007 – Approved December 28, 2007, Effective September 1, 2007. CHIP Program changes related to dental benefits – Approved November 8, 2007, Effective September 1, 2007. CHIP extension for enrollment fee payments for Hurricane Ike – Approved October 30, 2008, Effective September 7, 2008. CHIP income exemption for temporary census employees – Approved October 30, 2008, Effective October 1, 2008. CHIP Program changes applying payment requirements consistent with the Medicaid prospective payment system for federally qualified health centers and rural health clinics, Approved October 25, 2010, Effective October 1, 2009. CHIP eligibility expansion for qualified aliens under age 19, Approved February 11, 2011, Effective May 1, 2010.
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Model Application Template for the State Children’s Health Insurance 5 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
CHIP Program change related to hospice care, Approved October 25, 2010, Effective August 1, 2010. CHIP Perinatal Program changes allowing eligible unborn children to receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid, Approved October 25, 2010, Effective September 1, 2010. CHIP method of finance change to provide federal matching funds for public school employee children, Approved February 11, 2011, Effective September 1, 2010. CHIP changes for behavioral health benefits and cost-sharing, Approved October 25, 2010, Effective March 1, 2011. CHIP change to provide federal matching funds for public employee children, Approved July 27, 2011, Effective September 1, 2011. CHIP Program change related to the dental program and cost-sharing, Approved August 5, 2011, Effective March 1, 2012. CHIP update to the electronic system processes used to determine CHIP eligibility, Effective September 1, 2013. CHIP change incorporating approved Modified Adjusted Gross Income (MAGI) Conversion Plan to cost-sharing bands, Effective January 1, 2014. CHIP changes incorporating Affordable Care Act state plan templates and deleting pages superseded by templates, and eliminating resources, Effective September 1, 2016. CHIP updates to the enrollment process for continuity of care, Effective October 1, 2016 CHIP updates to provisions for implementing temporary adjustments to eligibility and enrollment policies for application and redetermination, and cost-sharing requirements for children in families living in in Federal Emergency Management Agency (FEMA) or Governor declared disaster areas at the time of the disaster event: In the event of a disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies for application and redetermination policies and cost- sharing requirements, the effective dates of such adjustments, and the counties/areas impacted by the disaster, Approved August 31, 2017, Effective August 25, 2017. CHIP updates to the payment methodology
for Federally-Qualified Health Centers and Rural Health Centers. Approved March 20, 2020, Effective April 1, 2018. CHIP update to managed care template (Section 3 only), effective July 1, 2018 CHIP update to external review process, effective July 1, 2018 (Texas Department of Insurance ceases to receive external review requests. After June 30, 2018, the HHS-administered process is to receive all external review requests). 1.4-TC Tribal Consultation (Section 2107(e)(1)(C)) Describe the consultation process that occurred specifically for the development and submission of this State Plan Amendment, when it occurred and who was involved. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas to demonstrate compliance with the Medicaid managed
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Model Application Template for the State Children’s Health Insurance 6 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
care final rule and the Affordable Care Act on June 20, 2019.
TN: 19-0045, Approval Date: April 9, 2024, Effective Date: July 1, 2018 CHIP Cost-sharing Changes related to SB 827, 87th Legislature, Regular Session, 2021 – Approved December 23, 2022 , Effective January 1, 2023. 1.4-TC Tribal Consultation (Section 2107(e)(1)(C)) Describe the consultation process that occurred specifically for the development and submission of this State Plan Amendment, when it occurred and who was involved.
` Tribal consultation was not required for this CHIP State Plan Amendment. TN: 22-0001, Approval Date: December 23, 2022, Effective Date: January 1, 2023 CHIP Coverage Required by the American Rescue Plan Act– Approved December 5, 2022, Effective March 11, 2021. 1.4-TC Tribal Consultation (Section 2107(e)(1)(C)) Describe the consultation process that occurred specifically for the development and submission of this State Plan Amendment, when it occurred and who was involved. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas for implementing the American Rescue Plan Act of 2021 on July 29, 2022. TN: 22-0031, Approval Date: December 5, 2022, Effective Date: March 11, 2021.
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Model Application Template for the State Children’s Health Insurance 7 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Superseding Pages of MAGI CHIP State Plan Material
Transmittal Number SPA Group PDF Description Superseded Plan
TX-14-0032 Effective/Implementation Date: January 1, 2014 MAGI Eligibility & Methods CS7 Eligibility- Targeted Low Income Children Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3 CS9 Eligibility-Coverage from Conception to Birth Supersedes the current section Age 4.1.1; 4.1.2.1; and 4.1.3 CS10 Eligibility-Children who have access to Public Employee Coverage Hardship Exception Supersedes the current section 4.4; 4.4.1; 4.4.2; and 4.4.3 Appendix: Supersedes current documentation CS15 MAGI-Based Income Methodologies Incorporate within a separate subsection under section 4.3 TX-14-0033 Effective/Implementation Date: January I, 2014 XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 TX-14-0034 Effective/Implementation Date: January 1, 2014 Establish 2101(t) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of lncome Disregards Incorporate within a separate subsection under section 4.1 TX-14-0038 Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4
TX-14-0036 Effective/Implementation Date: January 1, 2014 Non- Financial Eligibility CS17 Non-Financial- Citizenship Supersedes the current section 4.1.5 CS18 Non-Financial Eligibility- Residency Supersedes the current sections 4.1.; 4.1.10. CS19 Non-Financial- Social Security Number Supersedes the current section 4.1.9. CS20 Substitution of Coverage Supersedes the current section 4.4.4 CS21 Non-Financial Eligibility- Non- Payment of Premiums Supersedes the current section 8.7 CS27 Continuous Eligibility Supersedes the current section 4.1.8
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Model Application Template for the State Children’s Health Insurance 8 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Section 2. General Background and Description of State Approach to Child Health Coverage and Coordination (Section 2102 (a)(1)-(3)) and (Section 2105)(c)(7)(A)-(B))
2.1. Describe the extent to which, and manner in which, children in the state including targeted low-income children and other classes of children, by income level and other relevant factors, such as race and ethnicity and geographic location, currently have creditable health coverage (as defined in 42 CFR 457.10). To the extent feasible, make a distinction between creditable coverage under public health insurance programs and public-private partnerships (See Section 10 for annual report requirements). (42 CFR 457.80(a))
The Texas State Data Center projects that in 2007 the population of children under age 19 in Texas will reach 6,731,000. The projected race/ethnic distribution is as follows: 2,613,000 (38.8 percent) Anglo; 822,000 (12.2 percent) African American; 3,054,000 (45.4 percent) Hispanic; and 242,000 (3.6 percent) for all other groups. The March 2006 Current Population Survey (CPS) is the source for the most recent official estimates for poverty and health insurance coverage in Texas. The estimates are for calendar year 2005. The survey indicates that in 2005 about 3.7 million (16.2 percent) of Texans had incomes below the federal poverty level (FPL). That total includes approximately 1.5 million children under age 19. The survey also indicates that in 2005 nearly 3.2 million (47.7 percent) of the 6.7 million children under age 19 were in families with incomes at or below 200 percent of FPL. For 2005, the health insurance coverage status of Texas children under age 19 is estimated as follows*:
Health Insurance Coverage in 2005: Texas Children Under Age 19
Insurance Type Number of Children Percent of Children Medicaid/CHIP/Medicare 1,913,000 28.42% Private 3,524,000 52.35% Uninsured 1,294,000 19.22% Total 6,731,000 100%
Medicaid is the public health insurance program generally available in Texas. There are several public-private partnerships in the State (see 2.2.2 below).
For 2005, the estimated number of uninsured Texas children under age 19 according to age group is as follows*
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Model Application Template for the State Children’s Health Insurance 9 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Uninsured Texas Children in 2005 by Age Group
Age Group
Number of Children Number of Percent of Uninsured Children
For 2005, the estimated distribution of uninsured children under age 19 according to percent of poverty income category is as follows*:
Uninsured Texas Children Under 19 in 2005 by Percent of Poverty Income Category
Percent of Poverty Category Number of Uninsured Children Percent of Children Uninsured 0 – 100% 382,000 29.52% 101 – 150% 282,000 21.79% 151 – 200% 235,000 18.16% Above 200% 395,000 30.53% Total 1,294,000 100%
For 2005, the estimated distribution of uninsured children according to age group and percent of poverty income category is as follows*:
Uninsured Texas Children in 2005 by Age and Percent of Poverty Income Category
Age Category 0 – 100% 101 – 150% 151 – 200% Above 200% Total 0 – 5 134,000 69,000 64,000 144,000 411,000 6 – 14 163,000 133,000 106,000 154,000 556,000 15 – 18 85,000 80,000 66,000 97,000 327,000 0 – 18 382,000 282,000 235,000 395,000 1,294,000 Children Uninsured 0 – 5 2,206,000 411,000 18.63% 6 – 14 3,131,000 556,000 17.76% 15 – 18 1,394,000 327,000 23.46% 0 – 18 6,731,000 1,294,000 19.22%
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Model Application Template for the State Children’s Health Insurance 10 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
* The sums across some categories may not add up exactly to the total due to rounding. The poverty and health insurance estimates apply to the segment of the population for whom poverty income status was determined. Poverty income status was determined based on the reported annual household/family income.
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
The Texas Health and Human Services Commission (HHSC), which has oversight responsibilities for the four other health and human services agencies, is responsible for the administration of certain programs, including the Texas Medicaid program and CHIP. Children are identified and enrolled in Medicaid or CHIP through a variety of mechanisms.
Enrollment Applications are processed in local eligibility offices, hospitals, and clinics throughout the State, and by the administrative services contractor.
Families may apply online, by phone, or in person. For a paper application, families may access and print the application online or by calling a toll-free number to request that an application be mailed to them. They may then submit the completed application and supporting documentation by mail, fax, or in person.
HHSC processes all applications when families apply for children’s health care benefits (Medicaid/CHIP) and other related programs (e.g., Medicaid for adults, Temporary Assistance for Needy Families (TANF)). Applications eligible for CHIP are electronically transmitted to the administrative services contractor to complete the enrollment process. Identification HHSC identifies children who are eligible to participate in Medicaid or CHIP through the following resources:
Out-stationed Eligibility Staff - HHSC outstations eligibility workers in clinics and hospitals. This staff perform eligibility functions as well as screening functions for potential Medicaid and CHIP eligible individuals. There are approximately 300 eligibility workers out-stationed in 190 facilities. The number of out-stationed eligibility staff in a facility is a function of the volume of eligibility determinations made at the facility. In some cases, disproportionate share hospitals (DSH) and Federally Qualified
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Model Application Template for the State Children’s Health Insurance 11 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Health Centers (FQHCs) fund the state share of salary and benefits costs associated with staff above and beyond those required by federal law. Facilities that are not DSH hospitals or FQHCs can contract with HHSC for eligibility specialists and appropriate support staff to be placed in the facility. Under these contracts, the facilities also reimburse HHSC for the state share of the employee's salary and benefits.
HHSC Office of the Ombudsman Texas Works Hotline (1-800-252-9330) - The Hotline primarily handles complaints concerning Food Stamps, Medicaid or temporary cash assistance (TANF). However, when a client calls and relays information about potential eligibility, or inquiries about programs for which they may be eligible, the client is referred to the correct local office or, if appropriate, to a designated regional contact.
HHSC Office of the Ombudsman (1-877-787-8999) - Clients and potential clients who call HHSC State Office are referred to the Office of the Ombudsman. Some of these calls may be from potential clients asking for instructions/assistance in applying for benefits. Callers are referred to local HHSC offices as appropriate. Texas Medicaid Healthcare Partnership (TMHP) Client Hotline (1-800-335- 8957 and 1-800-252-8263) - The hotline handles Medicaid client issues pertaining to the status of Medically Needy cases, billing questions, and Medicaid program benefits, as well as contact information for the Medical Transportation Program, Texas Health Steps (Texas’ EPSDT program) services, and for HIPAA privacy violations. Blue Pages Listings - Current information for local HHSC offices is contained in local telephone directories in the government blue pages section. This information is broken down by program and is updated as needed. Worldwide Web Sites - HHS maintains an agency home page that contains information about what types of benefits are available throughout the agency. The YourTexasBenefits.com website provides a searchable listing of local offices and the services available at each of these offices. Food Stamps – Individuals applying for food stamps are tested for eligibility for Medicaid during the same interview. Newborns of Medicaid Eligible Mothers - Enrollment in Medicaid is automatic for the majority of newborns of Medicaid-eligible mothers. When the medical facility notifies HHSC about the birth of the child to a Medicaid- eligible mother, HHSC establishes eligibility for the child. An automated system then notifies the child’s mother, designated providers, and the mother’s caseworker about the child’s eligibility. These newborn children are also included in the Texas Health Steps outreach (see below).
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Model Application Template for the State Children’s Health Insurance 12 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
Title V - In the Texas Title V Children with Special Health Care Needs (CSHCN) program, most clients are required to apply to Medicaid or CHIP before they receive full CSHCN eligibility. Some are enrolled in Medicaid as a result. Those who reach a certain expenditure level for CSHCN services are required to apply again to Medicaid, with the emphasis on eligibility for the Medicaid Medically Needy Program, the spend down program under Title XIX.
The regional Title V CSHCN social work and eligibility staff and the CSHCN case management contractors help families with CSHCN to obtain Medicaid eligibility when appropriate.
In Title V Maternal/Child Health (MCH) contracts across the State, children who, after eligibility screening, appear to be eligible for Medicaid, are required to apply for Medicaid in order to continue to receive MCH services in the contractors’ clinics. The contractors include many local health departments as well as hospital districts and other providers. An automated screening tool, the State of Texas Assistance and Referral System (STARS), is used by many of these providers to screen for possible eligibility for Medicaid, CSHCN, and other programs. The client must then go on to actual Medicaid eligibility determination if the STARS screen indicates they may be Medicaid eligible.
Supplemental Security Income (SSI) - SSI eligible persons are automatically enrolled in Medicaid in Texas. The Disability Determination Division makes disability determinations for SSI.
Foster Care - For children who are removed from their households by court order through the Texas Department of Family and Protective Services (DFPS), Medicaid is provided through foster care if the child was eligible for Medicaid prior to being removed from the household or if the child is determined to be Medicaid eligible by DFPS standards. Medicaid is also provided, under TANF limits, to children under 18 placed by a district court in the managing conservatorship of DFPS as a result of findings of abuse or neglect by DFPS.
Child Support - The Child Support Enforcement Office of the Attorney General seeks out the non-custodial parent for financial and/or medical support to supplement and/or replace state liability. This office also processes through the Third Party Reimbursement (TPR) system to seek premium reimbursement for cases where medical coverage is provided.
Local Mental Health Authorities (LMHAs) - Under the authority of the Department of State Health Services (DSHS), LMHAs are required to do
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Model Application Template for the State Children’s Health Insurance 13 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
outreach to identify clients with serious mental illness and intellectual disabilities. The LMHAs vary in the amount and types of outreach conducted. Outreach activities may include: public announcements; distribution of brochures in targeted areas, such as doctors' offices, schools, and juvenile courts; public forums; or public festivals.
At intake, information, which may indicate Medicaid eligibility, is gathered by the LMHA. Individuals who appear to be Medicaid eligible are then referred for Medicaid eligibility determination. If the individual needs assistance with this referral, the LMHA will assist.
LMHAs may have out-stationed HHSC Medicaid eligibility workers on staff that do the Medicaid eligibility determinations on site.
Texas Health Steps (THSteps) - THSteps outreach efforts are aimed at encouraging the use of services (program participation) by enrolled THSteps clients. Texas Health Steps communicates with Medicaid-eligible families on the state level as well as on the regional and local level through a statewide system of HHSC staff and contractors using the following tools:
• over 435,000 informing letters per month; • a variety of brochures and other handouts in English and Spanish for recipient and provider use; • home visits, telephone calls, outreach at places where clients may be found, and efforts targeting specific groups such as migrant workers and newly enrolled Medicaid recipients; • a single statewide toll-free number (1-877-THSTEPS) that is routed to the appropriate regional outreach location. • regional provider newsletters which help to keep Health Steps providers informed of developments in the program; • regional provider relations staff who help recruit and maintain Health Steps and Medicaid providers, supplementing the provider relations activities for which HHSC contracts with the Texas Medicaid and Healthcare Partnership (TMHP); • the Medicaid Bulletin, which provides information to all Medicaid providers; and • the Medicaid managed care enrollment broker, whose staff helps educate clients as they are enrolled in health plans.
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Model Application Template for the State Children’s Health Insurance 14 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
In the course of promoting use of EPSDT service, THSteps staff and contractors inform interested families of the way to apply for Medicaid for other children. Family Health Services Information & Referral Line - Toll-free hotline, funded by Title V, provides information and referrals for families who call in, including referrals to Medicaid and Title V MCH and CSHCN services. Texas Information and Referral Network – The Texas Information and Referral Network (TIRN) at HHSC coordinates a statewide network of state and local contact points to provide information regarding health and human services in Texas, including Medicaid. Effective May 1, 2010, Texas extends federally-matched CHIP coverage to qualified alien children who are otherwise eligible without a five-year delay. Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 111-3, authorizes states to provide federally- matched Medicaid and CHIP coverage to qualified alien children.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public-private partnership: Texas has a variety of established programs and programs under development which involve private-public partnerships in providing health insurance coverage to uninsured children. The Texas Health Insurance Risk Pool was funded by the Texas legislature in 1997 to provide the administrative structure for ensuring that health coverage is available to persons unable to otherwise obtain coverage because of their medical history or because they lose employer coverage. Coverage is automatic for uninsurable persons with certain diagnoses, such as metastatic cancer, leukemia, diabetes, epilepsy, and sickle cell anemia. The first Health Pool policies were effective February 1, 1998. An extensive preferred provider network is utilized by the Pool. In addition, a prescription drug benefit is included with the policy. Participants can select a $500 deductible package, a $1,000 deductible package, a $2,500 deductible package or a $5,000 deductible package. Premium rates are based on deductible plan, age, sex, area of the State, and smoking status. Effective January 1, 2004, the Pool’s rates were set at two times the Standard Rate. At present, premiums for children up to age 18 range from $121 per month to $549 per month. Benefits include inpatient and outpatient care and are limited to $1.5 million over a lifetime. Children are eligible for Pool coverage, either as eligible Pool applicants or as dependents of eligible Pool applicants.
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The Community Access To Child Health (CATCH) Program is a program of the American Academy of Pediatrics (AAP) designed to improve access to health care by supporting pediatricians and communities that are involved in community-based efforts for children. The CATCH program provides pediatricians with training; technical assistance and resources; peer support and networking opportunities; and funding opportunities. A variety of funding opportunities are available, including implementation funds, planning funds, and resident funds. The Implementation Funds program supports pediatricians in the initial and/or pilot stage of developing and implementing a community-based child health initiative. Implementation funds are supported by Hasbro Children’s Foundation, Ronald McDonald House of Charities, CVS Pharmacy, and AAP. The Planning Funds program offers grants to pediatricians to develop community-based initiatives that increase children’s access to medical homes or to specific health services not otherwise available. The program is supported by a grant from Wyeth, with additional support provided by the AAP Friends of Children Fund, and the American Academy of Pediatric Dentistry Foundation. Resident funds are available for pediatric residents planning community-based child health initiatives, and are supported by grants from the Irving Harris Foundation and the AAP Friends of Children Fund, with additional support provided by the American Academy of Pediatric Dentistry Foundation. Projects have included providing health care services for children living in the colonias (rural developments along the Texas-Mexico border that frequently may not have basic amenities such as running water) and case management for very low birth weight babies.
The Healthy Tomorrows Partnership for Children Program is a collaborative grant of the federal Maternal and Child Health Bureau and the AAP for local entities, such as local health departments, county hospital districts, and community health centers that are supported in part with state funds to increase access to health services for mothers and children. Projects include providing direct health care, prevention of sexually transmitted disease among minority youth, and improving the health status of medically indigent, low birth weight infants. Two public programs identify children who could benefit from a private- public partnership. The Texas Medicaid program, through the Health Insurance Premium Payment (HIPP) Program, pays health insurance premiums for Medicaid eligible children. HIPP works with other state agencies, private employers, and private health coverage providers to ensure that Medicaid eligible children are able to take advantage of health coverage to which they have access. Given the broader scope of Medicaid benefits relative to the typical defined benefits package, children are able to take advantage of both public and private resources in receiving the services they need.
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Model Application Template for the State Children’s Health Insurance 16 Effective Date: January 1, 2023 July 1, 2018 Approval Date: April 9, 2024
The Texas Title V Program for Children with Special Health Care Needs (CSHCN) has a similar program that pays private health coverage premiums when doing so is cost effective for CSHCN and when the family is unable to afford the premiums. This program serves children with family incomes up to 200 percent of FPL.
2.3. Describe the procedures the state uses to accomplish coordination of CHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as Title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
Linkages established with other public/private health insurance partnerships provide opportunities for collaboration and mutually supportive operations.
Coordination with Medicaid is achieved through coordinated outreach efforts and a joint children’s application. Outreach efforts are coordinated through contracts with local, community-based organizations (CBOs). The CBOs were selected based on their local expertise and experience with low-income populations. CHIP enrollment information is routinely shared with Texas’ Title V agency in order to coordinate program benefits. Texas’ CHIP coordination efforts are ongoing, but appear successful, as Texas’ CHIP enrollment growth rate was at one time among the fastest in the nation.
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Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue on to Section 4 (Eligibility Standards and Methodology).
Child health benefits are delivered solely through managed care models, including a managed care organization (MCO) model and an exclusive provider organization (EPO) model used primarily in rural areas of the State. CHIP Dental services are delivered through a prepaid ambulatory health plan (PAHP). In the MCO and EPO models, the State contracts to deliver health care services, relying on managed care principles that will include a service manager or coordinator or “medical home” and utilization controls on inpatient hospital and certain other services in the case of the MCO model and the latter only in the case of the EPO. The same requirements are applied to both MCOs and EPOs. The CHIP procurement of health plan services is aligned as closely as possible with other programs, such as Medicaid and the Title V Children with Special Health Care Needs (CSHCN) program, to improve continuity of care. Enrollees are given a choice of at least two plans whenever possible, and Medicaid plans are given extra consideration in the procurement of CHIP health plans. The State ensures that federally qualified health centers (FQHCs) and rural health clinics (RHCs) receive the full Medicaid encounter rate for services rendered to CHIP Members on or after October 1, 2009, consistent with section 1902(bb) and section 2107(e)(1)(I) of the Social Security Act. The rate-setting methodologies for FQHCs and RHCs are set out below:
FQHCs An FQHC will be reimbursed for a visit for CHIP-covered services if the visit is a face-to-face encounter between an FQHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, visiting nurse, psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist. Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day, and at a single location, constitute a single visit unless:
After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or
The FQHC patient has a medical visit and an “other” health visit. An “other” health visit includes a face-to-face encounter between an FQHC patient and a psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist, as well as an Early and Periodic Screening, Diagnostic and Treatment medical checkup. An FQHC is reimbursed a full encounter rate for all CHIP-covered services. The full encounter rate is calculated using one of two prospective payment methodologies: the Prospective Payment System (PPS) Methodology and the Alternative Prospective Payment System (APPS) Methodology. Each FQHC selects the payment methodology it prefers in a signed, written document. An MCO or dental maintenance organization will pay to an FQHC the FQHC’s full encounter rate for covered services. The State will reimburse the MCO the difference between the amount the MCO paid the FQHC and the amount the MCO has contracted to pay the FQHC. The State’s supplemental payment obligation to the MCO will be determined by subtracting the baseline payment under the contract for services being provided from the Medicaid encounter rate without regard to the effects of financial incentives that are linked to utilization outcomes, reductions in patient costs or bonuses. If the contracted amount paid to an FQHC by an MCO or dental maintenance organization is less than the amount the
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FQHC would receive under PPS or APPS, whichever applies, the State will ensure the FQHC is reimbursed the difference on at least a quarterly basis. The change of effective rate cost report is used by in-state or out-of-state FQHCs that are requesting a change in their effective rate due to a change in scope or operating in an efficient manner. The cost report must contain at least six months of financial information. If the FQHC disagrees with the results of the review or rate, the FQHC may request a formal appeal.
RHCs Each RHC is reimbursed a full encounter rate calculated using the PPS methodology. An RHC will be reimbursed for a visit for a CHIP-covered service if the visit is a face-to-face encounter between an RHC patient and a physician, physician assistant, advanced nurse practitioner, certified nurse- midwife, visiting nurse, or clinical nurse practitioner. Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or
The RHC patient has a medical visit and an “other” health visit. An “other” health visit includes a face-to-face encounter between an RHC patient and a clinical social worker. An RHC is paid in full by the MCO and the MCO is paid as part of the MCO’s HHSC-contracted capitation rate. The State does not make supplemental payments to an RHC unless the RHC is underpaid for a valid claim and has pursued all appeals with the MCO. The State will ensure the RHC is reimbursed the difference on at least a quarterly basis. By signing the contract with the MCO, the RHC indicates agreement with the payment methodology.
Guidance: In Section 3.1, describe all delivery methods the State will use to provide services to enrollees, including: (1) contracts with managed care organizations (MCO), prepaid inpatient health plans (PIHP), prepaid ambulatory health plans (PAHP), primary care case management entities (PCCM entities), and primary care case managers (PCCM); (2) contracts with indemnity health insurance plans; (3) fee-for- service (FFS) paid by the State to health care providers; and (4) any other arrangements for health care delivery. The State should describe any variations based upon geography and by population (including the conception to birth population). States must submit the managed care contract(s) to CMS’ Regional Office for review. 3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
Child health benefits are delivered solely through managed care models, including a managed care organization (MCO) model and an exclusive provider organization (EPO) model used primarily in rural areas of the State. CHIP Dental services are delivered through a prepaid ambulatory health plan (PAHP). In the MCO and EPO models, the State contracts to deliver health care services, relying on managed care principles that will include a service manager or coordinator or “medical home” and utilization controls on inpatient hospital and certain other services in the case of the MCO model and the latter only in the
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case of the EPO. The MCO and EPO models are subject to the same CHIP state and federal laws.
The CHIP procurement of health plan services is aligned with Medicaid to improve continuity of care. Enrollees are given a choice of at least two plans whenever possible, and Medicaid plans are given extra consideration in the procurement of CHIP health plans.
The State ensures that federally qualified health centers (FQHCs) and rural health clinics (RHCs) receive the full Medicaid encounter rate for services rendered to CHIP Members on or after October 1, 2009, consistent with section 1902(bb) and section 2107(e)(1)(I) of the Social Security Act.
The rate-setting methodologies for FQHCs and RHCs are set out below: a.) FQHCs An FQHC will be reimbursed for a visit for CHIP-covered services if the visit is a face-to-face encounter between an FQHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, visiting nurse, psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist.
Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
• After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or
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• The FQHC patient has a medical visit and an “other” health visit.
An “other” health visit includes a face-to-face encounter between an FQHC patient and a psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist, as well as an Early and Periodic Screening, Diagnostic and Treatment medical checkup.
An FQHC is reimbursed a full Medicaid encounter rate for all CHIP-covered services. The full Medicaid encounter rate is calculated using one of two prospective payment methodologies: the Prospective Payment System (PPS) Methodology or the Alternative Prospective Payment System (APPS) Methodology. Each FQHC selects the payment methodology it prefers in a signed, written document.
An MCO or dental maintenance organization will pay to an FQHC the FQHC’s full Medicaid encounter rate for covered services. The State will reimburse the MCO the difference between the amount the MCO paid the FQHC and the amount the MCO has contracted to pay the FQHC. The State’s supplemental payment obligation to the MCO will be determined by subtracting the baseline payment under the contract for services being provided from the Medicaid encounter rate without regard to the effects of financial incentives that are linked to utilization outcomes, reductions in patient costs or bonuses. If the contracted amount paid to an FQHC by an MCO or dental maintenance organization is less than the amount the FQHC would receive under PPS or APPS, whichever applies, the State will ensure the FQHC is reimbursed the difference on at least a quarterly basis.
If the FQHC disagrees with the results of the review or rate, the FQHC may request a formal appeal.
b.) RHCs
Each RHC is reimbursed a full Medicaid encounter rate calculated using the PPS methodology.
An RHC will be reimbursed for a visit for a CHIP-covered service if the visit is a face-to-face encounter between an RHC patient and a physician, physician assistant, advanced nurse practitioner, certified nurse-midwife, visiting nurse, or clinical nurse practitioner.
Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
• After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or • The RHC patient has a medical visit and an “other” health visit.
An “other” health visit includes a face-to-face encounter between an RHC patient and a clinical social worker.
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An RHC is paid in full by the MCO and the MCO is paid as part of the MCO’s HHSC contracted capitation rate. The State does not make supplemental payments to an RHC unless the RHC is underpaid for a valid claim and has pursued all appeals with the MCO. The State will ensure the RHC is reimbursed the difference on at least a quarterly basis. By signing the contract with the MCO, the RHC indicates agreement with the payment methodology.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
Under the HMO/EPO model, plans are required to provide the range of children’s health services for a contracted per member/per month cost determined through actuarial analysis. The state monitors utilization of HMO/EPO services as part of its overall monitoring program. Please see section 7 for more information on the state’s monitoring efforts.
The HMO model includes a number of utilization management controls. Inpatient hospital stays and other services determined by the Medical Director are subject to prospective review for medical necessity and appropriateness of proposed care before services can be rendered. Clients are required to obtain authorized referrals from their primary care providers to other professional providers. The state or its designee also conduct retrospective utilization review activities to examine services to clients directly provided by the network’s primary care provider specialty, services performed with authorization, and other services such as emergency room services. The same controls are used in the EPO model, except that the EPO operates without a gatekeeper function being performed by the HMO model’s PCP.
3.1. Delivery Systems (Section 2102(a)(4)) (42 CFR 457.490; Part 457, Subpart L)
3.1.1 Choice of Delivery System 3.1.1.1 Does the State use a managed care delivery system for its CHIP populations? Managed care entities include MCOs, PIHPs, PAHPs, PCCM entities and PCCMs as defined in 42 CFR 457.10. Please check the box and answer the questions below that apply to your State. No, the State does not use a managed care delivery system for any CHIP populations. Yes, the State uses a managed care delivery system for all CHIP populations.
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Yes, the State uses a managed care delivery system; however, only some of the CHIP population is included in the managed care delivery system and some of the CHIP population is included in a fee-for-service system. If the State uses a managed care delivery system for only some of its CHIP populations and a fee-for-service system for some of its CHIP populations, please describe which populations are, and which are not, included in the State’s managed care delivery system for CHIP. States will be asked to specify which managed care entities are used by the State in its managed care delivery system below in Section 3.1.2. Guidance: Utilization control systems are those administrative mechanisms that are designed to ensure that enrollees receiving health care services under the State plan receive only appropriate and medically necessary health care consistent with the benefit package. Examples of utilization control systems include, but are not limited to: requirements for referrals to specialty care; requirements that clinicians use clinical practice guidelines; or demand management systems (e.g., use of an 800 number for after-hours and urgent care). In addition, the State should describe its plans for review, coordination, and implementation of utilization controls, addressing both procedures and State developed standards for review, in order to assure that necessary care is delivered in a cost-effective and efficient manner. (42 CFR 457.490(b)) If the State does not use a managed care delivery system for any or some of its CHIP populations, describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of: • The methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102(a)(4); 42 CFR 457.490(a)) • The utilization control systems designed to ensure that enrollees receiving health care services under the State plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved State plan. (Section 2102(a)(4); 42 CFR 457.490(b))
Guidance: Only States that use a managed care delivery system for all or some CHIP populations need to answer the remaining questions under Section 3 (starting with 3.1.1.2). If the State uses a managed care delivery system for only some of its CHIP population, the State’s responses to the following questions will only apply to those populations. 3.1.1.2 Do any of your CHIP populations that receive services through a managed care delivery system receive any services outside of a managed care delivery system? No Yes
If yes, please describe which services are carved out of your managed care delivery system and how the State provides these services to an enrollee, such as through fee-for- service. Examples of carved out services may include transportation and dental, among others.
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3.1.2 Use of a Managed Care Delivery System for All or Some of the State’s CHIP Populations 3.1.2.1 Check each of the types of entities below that the State will contract with under its managed care delivery system, and select and/or explain the method(s) of payment that the State will use: Managed care organization (MCO) (42 CFR 457.10) Capitation payment
CHIP capitation rates are defined on a per member, per month basis by the rate cells applicable to a service area. CHIP rate cells are based on the member’s age group. CHIP Perinatal capitation rates are also defined on a per member, per month basis by the rate cells applicable to a service area. CHIP Perinatal rate cells are based on the member’s birth status and household income.
Describe population served: CHIP covers children under 19 years of age in families who have too much income to qualify for Medicaid but cannot afford to buy private health insurance. CHIP Perinatal services are for the unborn children of pregnant women who are uninsured and do not qualify for Medicaid due to income or immigration status, and whose household income is at or below 202 percent of the FPL.
Prepaid inpatient health plan (PIHP) (42 CFR 457.10) Capitation payment Other (please explain)
Describe population served:
Guidance: If the State uses prepaid ambulatory health plan(s) (PAHP) to exclusively provide non- emergency medical transportation (a NEMT PAHP), the State should not check the following box for that plan. Instead, complete section 3.1.3 for the NEMT PAHP. Prepaid ambulatory health plan (PAHP) (42 CFR 457.10) Capitation payment Other (please explain)
Describe population served: CHIP dental services are delivered through PAHPs.
Primary care case manager (PCCM) (individual practitioners) (42 CFR 457.10) Case management fee Other (please explain)
Primary care case management entity (PCCM Entity) (42 CFR 457.10) Case management fee Shared savings, incentive payments, and/or other financial rewards for improved quality outcomes (see 42 CFR 457.1240(f)) Other (please explain)
If PCCM entity is selected, please indicate which of the following function(s) the entity will provide (as described in 42 CFR 457.10), in addition to PCCM services:
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Provision of intensive telephonic case management Provision of face-to-face case management Operation of a nurse triage advice line Development of enrollee care plans Execution of contracts with fee-for-service (FFS) providers in the FFS program Oversight responsibilities for the activities of FFS providers in the FFS program Provision of payments to FFS providers on behalf of the State Provision of enrollee outreach and education activities Operation of a customer service call center Review of provider claims, utilization and/or practice patterns to conduct provider profiling and/or practice improvement Implementation of quality improvement activities including administering enrollee satisfaction surveys or collecting data necessary for performance measurement of providers Coordination with behavioral health systems/providers Other (please describe)
3.1.2.2
The State assures that if its contract with an MCO, PAHP, or PIHP allows the entity to use a physician incentive plan, the contract stipulates that the entity must comply with the requirements set forth in 42 CFR 422.208 and 422.210. (42 CFR 457.1201(h), cross- referencing to 42 CFR 438.3(i))
3.1.3 Nonemergency Medical Transportation PAHPs Guidance: Only complete Section 3.1.3 if the State uses a PAHP to exclusively provide non-emergency medical transportation (a NEMT PAHP). If a NEMT PAHP is the only managed care entity for CHIP in the State, please continue to Section 4 after checking the assurance below. If the State uses a PAHP that does not exclusively provide NEMT and/or uses other managed care entities beyond a NEMT PAHP, the State will need to complete the remaining sections within Section 3.
The State assures that it complies with all requirements applicable to NEMT PAHPs, and through its contracts with such entities, requires NEMT PAHPs to comply with all applicable requirements, including the following (from 42 CFR 457.1206(b)): • All contract provisions in 42 CFR 457.1201 except those set forth in 42 CFR 457.1201(h) (related to physician incentive plans) and 42 CFR 457.1201(l) (related to mental health parity). • The information requirements in 42 CFR 457.1207 (see Section 3.5 below for more details). • The provision against provider discrimination in 42 CFR 457.1208. • The State responsibility provisions in 42 CFR 457.1212 (about disenrollment), 42 CFR 457.1214 (about conflict of interest safeguards), and 42 CFR 438.62(a), as cross-referenced in 42 CFR 457.1216 (about continued services to enrollees). • The provisions on enrollee rights and protections in 42 CFR 457.1220, 457.1222, 457.1224, and 457.1226. • The PAHP standards in 42 CFR 438.206(b)(1), as cross-referenced by 42 CFR 457.1230(a) (about availability of services), 42 CFR 457.1230(d) (about coverage and authorization of services), and 42 CFR 457.1233(a), (b) and (d) (about structure and operation standards).
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• An enrollee's right to a State review under subpart K of 42 CFR 457. • Prohibitions against affiliations with individuals debarred or excluded by Federal agencies in 42 CFR 438.610, as cross referenced by 42 CFR 457.1285. • Requirements relating to contracts involving Indians, Indian Health Care Providers, and Indian managed care entities in 42 CFR 457.1209.
3.2. General Managed Care Contract Provisions
3.2.1
The State assures that it provides for free and open competition, to the maximum extent practical, in the bidding of all procurement contracts for coverage or other services, including external quality review organizations, in accordance with the procurement requirements of 45 CFR part 75, as applicable. (42 CFR 457.940(b); 42 CFR 457.1250(a), cross referencing to 42 CFR 438.356(e)) 3.2.2
The State assures that it will include provisions in all managed care contracts that define a sound and complete procurement contract, as required by 45 CFR part 75, as applicable. (42 CFR 457.940(c)) 3.2.3
The State assures that each MCO, PIHP, PAHP, PCCM, and PCCM entity complies with any applicable Federal and State laws that pertain to enrollee rights, and ensures that its employees and contract providers observe and protect those rights (42 CFR 457.1220, cross-referencing to 42 CFR 438.100). These Federal and State laws include: Title VI of the Civil Rights Act of 1964 (45 CFR part 80), Age Discrimination Act of 1975 (45 CFR part 91), Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Titles II and III of the Americans with Disabilities Act, and section 1557 of the Patient Protection and Affordable Care Act. 3.2.4
The State assures that it operates a Web site that provides the MCO, PIHP, PAHP, and PCCM entity contracts. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(3)) 3.3 Rate Development Standards and Medical Loss Ratio 3.3.1 The State assures that its payment rates are: Based on public or private payment rates for comparable services for comparable populations; and Consistent with actuarially sound principles as defined in 42 CFR 457.10. (42 CFR 457.1203(a))
Guidance: States that checked both boxes under 3.3.1 above do not need to make the next assurance. If the state is unable to check both boxes under 3.1.1 above, the state must check the next assurance. If the State is unable to meet the requirements under 42 CFR 457.1203(a), the State attests that it must establish higher rates because such rates are necessary to ensure sufficient provider participation or provider access or to enroll providers who demonstrate exceptional efficiency or quality in the provision of services. (42 CFR 457.1203(b)) 3.3.2
The State assures that its rates are designed to reasonably achieve a medical loss ratio standard equal to at least 85 percent for the rate year and provide for reasonable administrative costs. (42 CFR 457.1203(c))
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3.3.3
The State assures that it will provide to CMS, if requested by CMS, a description of the manner in which rates were developed in accordance with the requirements of 42 CFR 457.1203(a) through (c). (42 CFR 457.1203(d)) 3.3.4
The State assures that it annually submits to CMS a summary description of the reports pertaining to the medical loss ratio received from the MCOs, PIHPs, and PAHPs. (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(a)) 3.3.5 Does the State require an MCO, PIHP, or PAHP to pay remittances through the contract for not meeting the minimum MLR required by the State? (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(b)(1)) No, the State does not require any MCO, PIHP, or PAHP to pay remittances. Yes, the State requires all MCOs, PIHPs, and PAHPs to pay remittances. Yes, the State requires some, but not all, MCOs, PIHPs, and PAHPs to pay remittances.
If the State requests some, but not all, MCOs, PIHPs, and PAHPs to pay remittances through the contract for not meeting the minimum MLR required by the State, please describe which types of managed care entities are and are not required to pay remittances. For example, if a state requires a medical MCO to pay a remittance but not a dental PAHP, please include this information.
If the answer to the assurance above is yes for any or all managed care entities, please answer the next assurance: The State assures that it if a remittance is owed by an MCO, PIHP, or PAHP to the State, the State: • Reimburses CMS for an amount equal to the Federal share of the remittance, taking into account applicable differences in the Federal matching rate; and • Submits a separate report describing the methodology used to determine the State and Federal share of the remittance with the annual report provided to CMS that summarizes the reports received from the MCOs, PIHPs, and PAHPs. (42 CFR 457.1203(e), cross referencing to 42 CFR 438.74(b))
3.3.6
The State assures that each MCO, PIHP, and PAHP calculates and reports the medical loss ratio in accordance with 42 CFR 438.8. (42 CFR 457.1203(f)) 3.4 Enrollment
The State assures that its contracts with MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities provide that the MCO, PIHP, PAHP, PCCM or PCCM entity: • Accepts individuals eligible for enrollment in the order in which they apply without restriction (unless authorized by CMS), up to the limits set under the contract (42 CFR 457.1201(d), cross- referencing to 42 CFR 438.3(d)(1)); • Will not, on the basis of health status or need for health care services, discriminate against individuals eligible to enroll (42 CFR 457.1201(d), cross-referencing to 42 CFR 438.3(d)(3)); and • Will not discriminate against individuals eligible to enroll on the basis of race, color, national origin, sex, sexual orientation, gender identity, or disability and will not use any policy or practice that has the effect of discriminating on the basis of race, color, national origin, sex, sexual orientation,
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gender identity or disability. (42 CFR 457.1201(d), cross-referencing to 438.3(d)(4)) 3.4.1 Enrollment Process 3.4.1.1
The State assures that it provides informational notices to potential enrollees in an MCO, PIHP, PAHP, PCCM, or PCCM entity that includes the available managed care entities, explains how to select an entity, explains the implications of making or not making an active choice of an entity, explains the length of the enrollment period as well as the disenrollment policies, and complies with the information requirements in 42 CFR 457.1207 and accessibility standards established under 42 CFR 457.340. (42 CFR 457.1210(c)) 3.4.1.2
The State assures that its enrollment system gives beneficiaries already enrolled in an MCO, PIHP, PAHP, PCCM, or PCCM entity priority to continue that enrollment if the MCO, PIHP, PAHP, PCCM, or PCCM entity does not have the capacity to accept all those seeking enrollment under the program. (42 CFR 457.1210(b)) 3.4.1.3 Does the State use a default enrollment process to assign beneficiaries to an MCO, PIHP, PAHP, PCCM, or PCCM entity? (42 CFR 457.1210(a)) Yes No
If the State uses a default enrollment process, please make the following assurances: The State assigns beneficiaries only to qualified MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities that are not subject to the intermediate sanction of having suspension of all new enrollment (including default enrollment) under 42 CFR 438.702 and have capacity to enroll beneficiaries. (42 CFR 457.1210(a)(1)(i)) The State maximizes continuation of existing provider-beneficiary relationships under 42 CFR 457.1210(a)(1)(ii) or if that is not possible, distributes the beneficiaries equitably and does not arbitrarily exclude any MCO, PIHP, PAHP, PCCM or PCCM entity from being considered. (42 CFR 457.1210(a)(1)(ii), 42 CFR 457.1210(a)(1)(iii))
3.4.2 Disenrollment 3.4.2.1
The State assures that the State will notify enrollees of their right to disenroll consistent with the requirements of 42 CFR 438.56 at least annually. (42 CFR 457.1207, cross- referencing to 42 CFR 438.10(f)(2)) 3.4.2.2
The State assures that the effective date of an approved disenrollment, regardless of the procedure followed to request the disenrollment, will be no later than the first day of the second month following the month in which the enrollee requests disenrollment or the MCO, PIHP, PAHP, PCCM or PCCM entity refers the request to the State. (42 CFR 457.1212, cross-referencing to 438.56(e)(1)) 3.4.2.3
If a beneficiary disenrolls from an MCO, PIHP, PAHP, PCCM, or PCCM entity, the State assures that the beneficiary is provided the option to enroll in another plan or receive benefits from an alternative delivery system. (Section 2103(f)(3) of the Social
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Security Act, incorporating section 1932(a)(4); 42 CFR 457.1212, cross referencing to 42 CFR 438.56; State Health Official Letter #09-008)
Texas CHIP is only delivered through a managed care delivery method. If a beneficiary disenrolls from an MCO, the beneficiary may enroll in another plan. 3.4.2.4 MCO, PIHP, PAHP, PCCM and PCCM Entity Requests for Disenrollment. The State assures that contracts with MCOs, PIHPs, PAHPs, PCCMs and PCCM entities describe the reasons for which an MCO, PIHP, PAHP, PCCM and PCCM entity may request disenrollment of an enrollee, if any. (42 CFR 457.1212, cross- referencing to 42 CFR 438.56(b)) Guidance: Reasons for disenrollment by the MCO, PIHP, PAHP, PCCM, and PCCM entity must be specified in the contract with the State. Reasons for disenrollment may not include an adverse change in the enrollee's health status, or because of the enrollee's utilization of medical services, diminished mental capacity, or uncooperative or disruptive behavior resulting from his or her special needs (except when his or her continued enrollment in the MCO, PIHP, PAHP, PCCM or PCCM entity seriously impairs the entity's ability to furnish services to either this particular enrollee or other enrollees). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(b)(2)) 3.4.2.5 Enrollee Requests for Disenrollment. Guidance: The State may also choose to limit disenrollment from the MCO, PIHP, PAHP, PCCM, or PCCM entity, except for either: 1) for cause, at any time; or 2) without cause during the latter of the 90 days after the beneficiary’s initial enrollment or the State sends the beneficiary notice of that enrollment, at least once every 12 months, upon reenrollment if the temporary loss of CHIP eligibility caused the beneficiary to miss the annual disenrollment opportunity, or when the State imposes the intermediate sanction specified in 42 CFR 438.702(a)(4). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)) Does the State limit disenrollment from an MCO, PIHP, PAHP, PCCM and PCCM entity by an enrollee? (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)) Yes No
If the State limits disenrollment by the enrollee from an MCO, PIHP, PAHP, PCCM and PCCM entity, please make the following assurances (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)): The State assures that enrollees and their representatives are given written notice of disenrollment rights at least 60 days before the start of each enrollment period. (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(f)(1)) The State assures that beneficiary requests to disenroll for cause will be permitted at any time by the MCO, PIHP, PAHP, PCCM or PCCM entity. (42 CFR 457.1212, cross- referencing to 42 CFR 438.56(c)(1) and (d)(2)) The State assures that beneficiary requests for disenrollment without cause will be permitted by the MCO, PIHP, PAHP, PCCM or PCCM entity at the following times:
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• During the 90 days following the date of the beneficiary's initial enrollment into the MCO, PIHP, PAHP, PCCM, or PCCM entity, or during the 90 days following the date the State sends the beneficiary notice of that enrollment, whichever is later; • At least once every 12 months thereafter; • If the State plan provides for automatic reenrollment for an individual who loses CHIP eligibility for a period of 2 months or less and the temporary loss of CHIP eligibility has caused the beneficiary to miss the annual disenrollment opportunity; and • When the State imposes the intermediate sanction on the MCO, PIHP, PAHP, PCCM or PCCM entity specified in 42 CFR 438.702(a)(4). (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(c)(2)) 3.4.2.6
The State assures that the State ensures timely access to a State review for any enrollee dissatisfied with a State agency determination that there is not good cause for disenrollment. (42 CFR 457.1212, cross-referencing to 42 CFR 438.56(f)(2)) 3.5 Information Requirements for Enrollees and Potential Enrollees 3.5.1
The State assures that it provides, or ensures its contracted MCOs, PAHPs, PIHPs, PCCMs and PCCM entities provide, all enrollment notices, informational materials, and instructional materials related to enrollees and potential enrollees in accordance with the terms of 42 CFR 457.1207, cross-referencing to 42 CFR 438.10. 3.5.2
The State assures that all required information provided to enrollees and potential enrollees are in a manner and format that may be easily understood and is readily accessible by such enrollees and potential enrollees. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(1)) 3.5.3
The State assures that it operates a Web site that provides the content specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)-(i) either directly or by linking to individual MCO, PIHP, PAHP and PCCM entity Web sites. 3.5.4
The State assures that it has developed and requires each MCO, PIHP, PAHP and PCCM entity to use: • Definitions for the terms specified under 42 CFR 438.10(c)(4)(i), and • Model enrollee handbooks, and model enrollee notices. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(4))
3.5.5
If the State, MCOs, PIHPs, PAHPs, PCCMs or PCCM entities provide the information required under 42 CFR 457.1207 electronically, check this box to confirm that the State assures that it meets the requirements under 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(c)(6) for providing the material in an accessible manner. Including that: • The format is readily accessible; • The information is placed in a location on the State, MCO's, PIHP's, PAHP's, or PCCM's, or PCCM entity's Web site that is prominent and readily accessible; • The information is provided in an electronic form which can be electronically retained and printed; • The information is consistent with the content and language requirements in 42 CFR 438.10; and • The enrollee is informed that the information is available in paper form without charge upon
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request and is provided the information upon request within 5 business days. 3.5.6
The State assures that it meets the language and format requirements set forth in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(d), including but not limited to: • Establishing a methodology that identifies the prevalent non-English languages spoken by enrollees and potential enrollees throughout the State, and in each MCO, PIHP, PAHP, or PCCM entity service area; • Making oral interpretation available in all languages and written translation available in each prevalent non-English language; • Requiring each MCO, PIHP, PAHP, and PCCM entity to make its written materials that are critical to obtaining services available in the prevalent non-English languages in its particular service area; • Making interpretation services available to each potential enrollee and requiring each MCO, PIHP, PAHP, and PCCM entity to make those services available free of charge to each enrollee; and • Notifying potential enrollees, and requiring each MCO, PIHP, PAHP, and PCCM entity to notify its enrollees: o That oral interpretation is available for any language and written translation is available in prevalent languages; o That auxiliary aids and services are available upon request and at no cost for enrollees with disabilities; and o How to access the services in 42 CFR 457.1207, cross-referencing 42 CFR 438.10(d)(5)(i) and (ii).
3.5.7
The State assures that the State or its contracted representative provides the information specified in 42 CFR 457.1207, cross-referencing to 438.10(e)(2), and includes the information either in paper or electronic format, to all potential enrollees at the time the potential enrollee becomes eligible to enroll in a voluntary managed care program or is first required to enroll in a mandatory managed care program and within a timeframe that enables the potential enrollee to use the information to choose among the available MCOs, PIHPs, PAHPs, PCCMs and PCCM entities: • Information about the potential enrollee's right to disenroll consistent with the requirements of 42 CFR 438.56 and which explains clearly the process for exercising this disenrollment right, as well as the alternatives available to the potential enrollee based on their specific circumstance; • The basic features of managed care; • Which populations are excluded from enrollment in managed care, subject to mandatory enrollment, or free to enroll voluntarily in the program; • The service area covered by each MCO, PIHP, PAHP, PCCM, or PCCM entity; • Covered benefits including: o Which benefits are provided by the MCO, PIHP, or PAHP; and which, if any, benefits are provided directly by the State; and o For a counseling or referral service that the MCO, PIHP, or PAHP does not cover because of moral or religious objections, where and how to obtain the service; • The provider directory and formulary information required in 42 CFR 457.1207, cross- referencing to 42 CFR 438.10(h) and (i); • Any cost-sharing for the enrollee that will be imposed by the MCO, PIHP, PAHP, PCCM, or
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PCCM entity consistent with those set forth in the State plan; • The requirements for each MCO, PIHP or PAHP to provide adequate access to covered services, including the network adequacy standards established in 42 CFR 457.1218, cross- referencing 42 CFR 438.68; • The MCO, PIHP, PAHP, PCCM and PCCM entity's responsibilities for coordination of enrollee care; and • To the extent available, quality and performance indicators for each MCO, PIHP, PAHP and PCCM entity, including enrollee satisfaction. 3.5.8
The State assures that it will provide the information specified in 42 CFR 457.1207, cross- referencing to 42 CFR 438.10(f) to all enrollees of MCOs, PIHPs, PAHPs and PCCM entities, including that the State must notify all enrollees of their right to disenroll consistent with the requirements of 42 CFR 438.56 at least annually. 3.5.9
The State assures that each MCO, PIHP, PAHP and PCCM entity will provide the information specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(f) to all enrollees of MCOs, PIHPs, PAHPs and PCCM entities, including that: • The MCO, PIHP, PAHP and, when appropriate, the PCCM entity, must make a good faith effort to give written notice of termination of a contracted provider within the timeframe specified in 42 CFR 438.10(f), and • The MCO, PIHP, PAHP and, when appropriate, the PCCM entity must make available, upon request, any physician incentive plans in place as set forth in 42 CFR 438.3(i).
3.5.10
The State assures that each MCO, PIHP, PAHP and PCCM entity will provide enrollees of that MCO, PIHP, PAHP or PCCM entity an enrollee handbook that meets the requirements as applicable to the MCO, PIHP, PAHP and PCCM entity, specified in 42 CFR 457.1207, cross- referencing to 42 CFR 438.10(g)(1)-(2), within a reasonable time after receiving notice of the beneficiary's enrollment, by a method consistent with 42 CFR 438.10(g)(3), and including the following items: • Information that enables the enrollee to understand how to effectively use the managed care program, which, at a minimum, must include: o Benefits provided by the MCO, PIHP, PAHP or PCCM entity; o How and where to access any benefits provided by the State, including any cost sharing, and how transportation is provided; and o In the case of a counseling or referral service that the MCO, PIHP, PAHP, or PCCM entity does not cover because of moral or religious objections, the MCO, PIHP, PAHP, or PCCM entity must inform enrollees that the service is not covered by the MCO, PIHP, PAHP, or PCCM entity and how they can obtain information from the State about how to access these services; • The amount, duration, and scope of benefits available under the contract in sufficient detail to ensure that enrollees understand the benefits to which they are entitled; • Procedures for obtaining benefits, including any requirements for service authorizations and/or referrals for specialty care and for other benefits not furnished by the enrollee's primary care provider; • The extent to which, and how, after-hours and emergency coverage are provided, including:
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o What constitutes an emergency medical condition and emergency services; o The fact that prior authorization is not required for emergency services; and o The fact that, subject to the provisions of this section, the enrollee has a right to use any hospital or other setting for emergency care; • Any restrictions on the enrollee's freedom of choice among network providers; • The extent to which, and how, enrollees may obtain benefits, including family planning services and supplies from out-of-network providers; • Cost sharing, if any is imposed under the State plan; • Enrollee rights and responsibilities, including the elements specified in 42 CFR §438.100; • The process of selecting and changing the enrollee's primary care provider; • Grievance, appeal, and review procedures and timeframes, consistent with 42 CFR 457.1260, in a State-developed or State-approved description, including: o The right to file grievances and appeals; o The requirements and timeframes for filing a grievance or appeal; o The availability of assistance in the filing process; and o The right to request a State review after the MCO, PIHP or PAHP has made a determination on an enrollee's appeal which is adverse to the enrollee; • How to access auxiliary aids and services, including additional information in alternative formats or languages; • The toll-free telephone number for member services, medical management, and any other unit providing services directly to enrollees; and • Information on how to report suspected fraud or abuse. 3.5.11
The State assures that each MCO, PIHP, PAHP and PCCM entity will give each enrollee notice of any change that the State defines as significant in the information specified in the enrollee handbook at least 30 days before the intended effective date of the change. (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(g)(4)) 3.5.12
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will make available a provider directory for the MCO’s, PIHP’s, PAHP’s or PCCM entity’s network providers, including for physicians (including specialists), hospitals, pharmacies, and behavioral health providers, that includes information as specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h)(1)-(2) and (4). 3.5.13
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will update any information included in a paper provider directory at least monthly and in an electronic provider directories as specified in 42 CFR 438.10(h)(3). (42 CFR 457.1207, cross-referencing to 42 CFR 438.10(h)(3)) 3.5.14
The State assures that each MCO, PIHP, PAHP and when appropriate, PCCM entity, will make available the MCO’s, PIHP’s, PAHP’s, or PCCM entity’s formulary that meets the requirements specified in 42 CFR 457.1207, cross-referencing to 42 CFR 438.10(i), including: • Which medications are covered (both generic and name brand); and • What tier each medication is on.
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3.5.15
The State assures that each MCO, PIHP, PAHP, PCCM and PCCM entity follows the requirements for marketing activities under 42 CFR 457.1224, cross-referencing to 42 CFR 438.104 (except 42 CFR 438.104(c)). Guidance: Requirements for marketing activities include, but are not limited to, that the MCO, PIHP, PAHP, PCCM, or PCCM entity does not distribute any marketing materials without first obtaining State approval; distributes the materials to its entire service areas as indicated in the contract; does not seek to influence enrollment in conjunction with the sale or offering of any private insurance; and does not, directly or indirectly, engage in door-to-door, telephone, email, texting, or other cold-call marketing activities. (42 CFR 104(b)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the remaining assurances in Section 3.5 (3.5.16 through 3.5.18). 3.5.16
The State assures that each MCO, PIHP and PAHP protects communications between providers and enrollees under 42 CFR 457.1222, cross-referencing to 42 CFR 438.102. 3.5.17
The State assures that MCOs, PIHPs, and PAHPs have arrangements and procedures that prohibit the MCO, PIHP, and PAHP from conducting any unsolicited personal contact with a potential enrollee by an employee or agent of the MCO, PAHP, or PIHP for the purpose of influencing the individual to enroll with the entity. (42 CFR 457.1280(b)(2)) Guidance: States should also complete Section 3.9, which includes additional provisions about the notice procedures for grievances and appeals. 3.5.18
The State assures that each contracted MCO, PIHP, and PAHP comply with the notice requirements specified for grievances and appeals in accordance with the terms of 42 CFR 438, Subpart F, except that the terms of 42 CFR 438.420 do not apply and that references to reviews should be read to refer to reviews as described in 42 CFR 457, Subpart K. (42 CFR 457.1260) 3.6 Benefits and Services Guidance: The State should also complete Section 3.10 (Program Integrity). 3.6.1
The State assures that MCO, PIHP, PAHP, PCCM entity, and PCCM contracts involving Indians, Indian health care providers, and Indian managed care entities comply with the requirements of 42 CFR 438.14. (42 CFR 457.1209) 3.6.2
The State assures that all services covered under the State plan are available and accessible to enrollees. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206) 3.6.3
The State assures that it: • Publishes the State’s network adequacy standards developed in accordance with 42 CFR 457.1218, cross-referencing 42 CFR 438.68(b)(1) on the Web site required by 42 CFR 438.10; • Makes available, upon request, the State’s network adequacy standards at no cost to enrollees with disabilities in alternate formats or through the provision of auxiliary aids and services. (42 CFR 457.1218, cross-referencing 42 CFR 438.68(e))
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Guidance: Only States with MCOs, PIHPs, or PAHPs need to complete the remaining assurances in Section 3.6 (3.6.4 through 3.6.20. 3.6.4
The State assures that each MCO, PAHP and PIHP meet the State’s network adequacy standards. (42 CFR 457.1218, cross-referencing 42 CFR 438.68; 42 CFR 457.1230(a), cross- referencing to 42 CFR 438.206) 3.6.5
The State assures that each MCO, PIHP, and PAHP includes within its network of credentialed providers: • A sufficient number of providers to provide adequate access to all services covered under the contract for all enrollees, including those with limited English proficiency or physical or mental disabilities; • Women’s health specialists to provide direct access to covered care necessary to provide women’s routine and preventative health care services for female enrollees; and • Family planning providers to ensure timely access to covered services. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b)
Texas CHIP does not provide services for the purposes of family planning. However, services that are traditionally considered family planning services are provided to members when medically necessary, except for CHIP Perinatal. Services that are traditionally considered family planning services are not a CHIP Perinatal benefit.
3.6.6
The State assures that each contract under 42 CFR 457.1201 permits an enrollee to choose his or her network provider. (42 CFR 457.1201(j), cross-referencing 42 CFR 438.3(l)) 3.6.7
The State assures that each MCO, PIHP, and PAHP provides for a second opinion from a network provider, or arranges for the enrollee to obtain one outside the network, at no cost. (42 CFR 457.1230(a), cross-referencing to 42 CFR 438.206(b)(3)) 3.6.8
The State assures that each MCO, PIHP, and PAHP ensures that providers, in furnishing services to enrollees, provide timely access to care and services, including by: • Requiring the contract to adequately and timely cover out-of-network services if the provider network is unable to provide necessary services covered under the contract to a particular enrollee and at a cost to the enrollee that is no greater than if the services were furnished within the network; • Requiring the MCO, PIHP and PAHP meet and its network providers to meet State standards for timely access to care and services, taking into account the urgency of the need for services; • Ensuring that the hours of operation for a network provider are no less than the hours of operation offered to commercial enrollees or comparable to Medicaid or CHIP Fee- For-Service, if the provider serves only Medicaid or CHIP enrollees; • Ensuring that the MCO, PIHP and PAHP makes available services include in the contract on a 24 hours a day, 7 days a week basis when medically necessary; • Establishing mechanisms to ensure compliance by network providers; • Monitoring network providers regularly to determine compliance; • Taking corrective action if there is a failure to comply by a network provider. (42 CFR
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457.1230(a), cross-referencing to 42 CFR 438.206(b)(4) and (5) and (c)) 3.6.9
The State assures that each MCO, PIHP, and PAHP has the capacity to serve the expected enrollment in its service area in accordance with the State's standards for access to care. (42 CFR 457.1230(b), cross-referencing to 42 CFR 438.207) 3.6.10
The State assures that each MCO, PIHP, and PAHP will be required to submit documentation to the State, at the time of entering into a contract with the State, on an annual basis, and at any time there has been a significant change to the MCO, PIHP, or PAHP’s operations that would affect the adequacy of capacity and services, to demonstrate that each MCO, PIHP, and PAHP for the anticipated number of enrollees for the service area: • Offers an appropriate range of preventative, primary care and specialty services; and • Maintains a provider network that is sufficient in number, mix, and geographic distribution. (42 CFR 457.1230, cross-referencing to 42 CFR 438.207(b)) 3.6.11
Except that 42 CFR 438.210(a)(5) does not apply to CHIP, the State assures that its contracts with each MCO, PIHP, or PAHP comply with the coverage of services requirements under 42 CFR 438.210, including: • Identifying, defining, and specifying the amount, duration, and scope of each service that the MCO, PIHP, or PAHP is required to offer; and • Permitting an MCO, PIHP, or PAHP to place appropriate limits on a service. (42 CFR 457.1230(d), cross referencing to 42 CFR 438.210(a) except that 438.210(a)(5) does not apply to CHIP contracts) 3.6.12
Except that 438.210(b)(2)(iii) does not apply to CHIP, the State assures that its contracts with each MCO, PIHP, or PAHP comply with the authorization of services requirements under 42 CFR 438.210, including that: • The MCO, PIHP, or PAHP and its subcontractors have in place and follow written policies and procedures; • The MCO, PIHP, or PAHP have in place mechanisms to ensure consistent application of review criteria and consult with the requesting provider when appropriate; and • Any decision to deny a service authorization request or to authorize a service in an amount, duration, or scope that is less than requested be made by an individual with appropriate expertise in addressing the enrollee’s medical, or behavioral health needs. (42 CFR 457.1230(d), cross referencing to 42 CFR 438.210(b), except that 438.210(b)(2)(iii) does not apply to CHIP contracts) 3.6.13
The State assures that its contracts with each MCO, PIHP, or PAHP require each MCO, PIHP, or PAHP to notify the requesting provider and given written notice to the enrollee of any adverse benefit determination to deny a service authorization request, or to authorize a service in an amount, duration, or scope that is less than requested. (42 CFR 457.1230(d), cross-referencing to 42 CFR 438.210(c)) 3.6.14
The State assures that its contracts with each MCO, PIHP, or PAHP provide that compensation to individuals or entities that conduct utilization management activities is not structured so as to provide incentives for the individual or entity to deny, limit, or discontinue medically necessary services to any enrollee. (42 CFR 457.1230(d), cross-referencing to 42 CFR 438.210(e))
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3.6.15
The State assures that it has a transition of care policy that meets the requirements of 438.62(b)(1) and requires that each contracted MCO, PIHP, and PAHP implements the policy. (42 CFR 457.1216, cross-referencing to 42 CFR 438.62) 3.6.16
The State assures that each MCO, PIHP, and PAHP has implemented procedures to deliver care to and coordinate services for all enrollees in accordance with 42 CFR 457.1230(c), cross- referencing to 42 CFR 438.208, including: • Ensure that each enrollee has an ongoing source of care appropriate to his or her needs; • Ensure that each enrollee has a person or entity formally designated as primarily responsible for coordinating the services accessed by the enrollee; • Provide the enrollee with information on how to contract their designated person or entity responsible for the enrollee’s coordination of services; • Coordinate the services the MCO, PIHP, or PAHP furnishes to the enrollee between settings of care; with services from any other MCO, PIHP, or PAHP; with fee-for- service services; and with the services the enrollee receives from community and social support providers; • Make a best effort to conduct an initial screening of each enrollees needs within 90 days of the effective date of enrollment for all new enrollees; • Share with the State or other MCOs, PIHPs, or PAHPs serving the enrollee the results of any identification and assessment of the enrollee’s needs; • Ensure that each provider furnishing services to enrollees maintains and shares, as appropriate, an enrollee health record in accordance with professional standards; and • Ensure that each enrollee’s privacy is protected in the process of coordinating care is protected with the requirements of 45 CFR parts 160 and 164 subparts A and E. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(b)) Guidance: For assurances 3.6.17 through 3.6.20, applicability to PIHPs and PAHPs is based a determination by the State in relation to the scope of the entity’s services and on the way the State has organized its delivery of managed care services, whether a particular PIHP or PAHP is required to implement the mechanisms for identifying, assessing, and producing a treatment plan for an individual with special health care needs. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(a)(2)) 3.6.17
The State assures that it has implemented mechanisms for identifying to MCOs, PIHPs, and PAHPs enrollees with special health care needs who are eligible for assessment and treatment services under 42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c) and included the mechanism in the State’s quality strategy. 3.6.18
The State assures that each applicable MCO, PIHP, and PAHP implements the mechanisms to comprehensively assess each enrollee identified by the state as having special health care needs. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(2)) 3.6.19
The State assures that each MCO, PIHP, and PAHP will produce a treatment or service plan that meets the following requirements for enrollees identified with special health care needs: • Is in accordance with applicable State quality assurance and utilization review standards; • Reviewed and revised upon reassessment of functional need, at least every 12 months, or
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when the enrollee’s circumstances or needs change significantly. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(3)) 3.6.20
The State assures that each MCO, PIHP, and PAHP must have a mechanism in place to allow enrollees to directly access a specialist as appropriate for the enrollee's condition and identified needs for enrollees identified with special health care needs who need a course of treatment or regular care monitoring. (42 CFR 457.1230(c), cross-referencing to 42 CFR 438.208(c)(4)) 3.7 Operations 3.7.1
The State assures that it has established a uniform credentialing and recredentialing policy that addresses acute, primary, behavioral, and substance use disorders providers and requires each MCO, PIHP and PAHP to follow those policies. (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(b)(1)) Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the remaining assurances in Section 3.7 (3.7.2 through 3.7.9). 3.7.2 The State assures each contracted MCO, PIHP and PAHP will comply with the provider selection requirements in 42 CFR 457.1208 and 457.1233(a), cross-referencing 42 CFR 438.12 and 438.214, including that: Each MCO, PIHP, or PAHP implements written policies and procedures for selection and retention of network providers (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(a)); MCO, PIHP, and PAHP network provider selection policies and procedures do not discriminate against particular providers that serve high-risk populations or specialize in conditions that require costly treatment (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(c)); MCOs, PIHPs, and PAHPs do not discriminate in the participation, reimbursement, or indemnification of any provider who is acting within the scope of his or her license or certification, solely on the basis of that license or certification (42 CFR 457.1208, cross referencing 42 CFR 438.12(a)); If an MCO, PIHP, or PAHP declines to include individual or groups of providers in the MCO, PIHP, or PAHP’s provider network, the MCO, PIHP, and PAHP gives the affected providers written notice of the reason for the decision (42 CFR 457.1208, cross referencing 42 CFR 438.12(a)); and MCOs, PIHPs, and PAHPs do not employ or contract with providers excluded from participation in Federal health care programs under either section 1128 or section 1128A of the Act. (42 CFR 457.1233(a), cross-referencing 42 CFR 438.214(d)).
3.7.3 The State assures that each contracted MCO, PIHP, and PAHP complies with the subcontractual relationships and delegation requirements in 42 CFR 457.1233(b), cross-referencing 42 CFR 438.230, including that: The MCO, PIHP, or PAHP maintains ultimate responsibility for adhering to and otherwise fully complying with all terms and conditions of its contract with the State; All contracts or written arrangements between the MCO, PIHP, or PAHP and any subcontractor specify that all delegated activities or obligations, and related reporting responsibilities, are specified in the contract or written agreement, the subcontractor agrees
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to perform the delegated activities and reporting responsibilities specified in compliance with the MCO's, PIHP's, or PAHP's contract obligations, and the contract or written arrangement must either provide for revocation of the delegation of activities or obligations, or specify other remedies in instances where the State or the MCO, PIHP, or PAHP determine that the subcontractor has not performed satisfactorily; All contracts or written arrangements between the MCO, PIHP, or PAHP and any subcontractor must specify that the subcontractor agrees to comply with all applicable CHIP laws, regulations, including applicable subregulatory guidance and contract provisions; and The subcontractor agrees to the audit provisions in 438.230(c)(3). 3.7.4
The State assures that each contracted MCO and, when applicable, each PIHP and PAHP, adopts and disseminates practice guidelines that are based on valid and reliable clinical evidence or a consensus of providers in the particular field; consider the needs of the MCO's, PIHP's, or PAHP's enrollees; are adopted in consultation with network providers; and are reviewed and updated periodically as appropriate. (42 CFR 457.1233(c), cross referencing 42 CFR 438.236(b) and (c)) 3.7.5
The State assures that each contracted MCO and, when applicable, each PIHP and PAHP makes decisions for utilization management, enrollee education, coverage of services, and other areas to which the guidelines apply are consistent with the practice guidelines. (42 CFR 457.1233(c), cross referencing 42 CFR 438.236(d)) 3.7.6
The State assures that each contracted MCO, PIHP, and PAHP maintains a health information system that collects, analyzes, integrates, and reports data consistent with 42 CFR 438.242. The systems must provide information on areas including, but not limited to, utilization, claims, grievances and appeals, and disenrollments for other than loss of CHIP eligibility. (42 CFR 457.1233(d), cross referencing 42 CFR 438.242) 3.7.7
The State assures that it reviews and validates the encounter data collected, maintained, and submitted to the State by the MCO, PIHP, or PAHP to ensure it is a complete and accurate representation of the services provided to the enrollees under the contract between the State and the MCO, PIHP, or PAHP and meets the requirements 42 CFR 438.242 of this section. (42 CFR 457.1233(d), cross referencing 42 CFR 438.242) 3.7.8
The State assures that it will submit to CMS all encounter data collected, maintained, submitted to the State by the MCO, PIHP, and PAHP once the State has reviewed and validated the data based on the requirements of 42 CFR 438.242. (CMS State Medicaid Director Letter #13-004) 3.7.9
The State assures that each contracted MCO, PIHP and PAHP complies with the privacy protections under 42 CFR 457.1110. (42 CFR 457.1233(e)) 3.8 Beneficiary Protections 3.8.1
The State assures that each MCO, PIHP, PAHP, PCCM and PCCM entity has written policies regarding the enrollee rights specified in 42 CFR 438.100. (42 CFR 457.1220, cross-referencing to 42 CFR 438.100(a)(1))
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3.8.2
The State assures that its contracts with an MCO, PIHP, PAHP, PCCM, or PCCM entity include a guarantee that the MCO, PIHP, PAHP, PCCM, or PCCM entity will not avoid costs for services covered in its contract by referring enrollees to publicly supported health care resources. (42 CFR 457.1201(p)) 3.8.3
The State assures that MCOs, PIHPs, and PAHPs do not hold the enrollee liable for the following: • The MCO’s, PIHP’s or PAHP’s debts, in the event of the entity’s solvency. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(a)) • Covered services provided to the enrollee for which the State does not pay the MCO, PIHP or PAHP or for which the State, MCO, PIHP, or PAHP does not pay the individual or the health care provider that furnished the services under a contractual, referral or other arrangement. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(b)) • Payments for covered services furnished under a contract, referral or other arrangement that are in excess of the amount the enrollee would owe if the MCO, PIHP or PAHP covered the services directly. (42 CFR 457.1226, cross-referencing to 42 CFR 438.106(c)) 3.9 Grievances and Appeals Guidance: Only States with MCOs, PIHPs, or PAHPs need to complete Section 3.9. States with PCCMs and/or PCCM entities should be adhering to the State’s review process for benefits. 3.9.1
The State assures that each MCO, PIHP, and PAHP has a grievance and appeal system in place that allows enrollees to file a grievance and request an appeal. (42 CFR 457.1260, cross- referencing to 42 CFR 438.402(a) and 438.402(c)) 3.9.2
The State assures that each MCO, PIHP, and PAHP has only one level of appeal for enrollees. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(b)) 3.9.3
The State assures that an enrollee may request a State review after receiving notice that the adverse benefit determination is upheld, or after an MCO, PIHP, or PAHP fails to adhere to the notice and timing requirements in 42 CFR 438.408. (42 CFR 457.1260, cross-referencing to 438.402(c)) 3.9.4. Does the state offer and arrange for an external medical review? Yes No
Guidance: Only states that answered yes to assurance 3.9.4 need to complete the next assurance (3.9.5). 3.9.5
The State assures that the external medical review is: • At the enrollee's option and not required before or used as a deterrent to proceeding to the State review; • Independent of both the State and MCO, PIHP, or PAHP; • Offered without any cost to the enrollee; and • Not extending any of the timeframes specified in 42 CFR 438.408. (42 CFR 457.1260, cross- referencing to 42 CFR 438.402(a) and 438.402(c)(1)(i))
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3.9.6
The State assures that an enrollee may file a grievance with the MCO, PIHP, or PAHP at any time. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(2)(i)) 3.9.7
The State assures that an enrollee has 60 calendar days from the date on an adverse benefit determination notice to file a request for an appeal to the MCO, PIHP, or PAHP. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(2)(ii)) 3.9.8
The State assures that an enrollee may file a grievance and request an appeal either orally or in writing. (42 CFR 457.1260, cross-referencing to 42 CFR 438.402(a) and 438.402(c)(3)(i)) 3.9.9
The State assures that each MCO, PIHP, and PAHP gives enrollees timely and adequate notice of an adverse benefit determination in writing consistent with the requirements below in Section 3.9.10 and in 42 CFR 438.10. 3.9.10
The State assures that the notice of an adverse benefit determination explains: • The adverse benefit determination. • The reasons for the adverse benefit determination, including the right of the enrollee to be provided upon request and free of charge, reasonable access to and copies of all documents, records, and other information relevant to the enrollee's adverse benefit determination. Such information includes medical necessity criteria, and any processes, strategies, or evidentiary standards used in setting coverage limits. • The enrollee's right to request an appeal of the MCO's, PIHP's, or PAHP's adverse benefit determination, including information on exhausting the MCO's, PIHP's, or PAHP's one level of appeal and the right to request a State review. • The procedures for exercising the rights specified above under this assurance. • The circumstances under which an appeal process can be expedited and how to request it. (42 CFR 457.1260, cross-referencing to 42 CFR 438.404(b)) 3.9.11
The State assures that the notice of an adverse benefit determination is provided in a timely manner in accordance with 42 CFR 457.1260. (42 CFR 457.1260, cross-referencing to 42 CFR 438.404(c)) 3.9.12
The State assures that MCOs, PIHPs, and PAHPs give enrollees reasonable assistance in completing forms and taking other procedural steps related to a grievance or appeal. This includes, but is not limited to, auxiliary aids and services upon request, such as providing interpreter services and toll-free numbers that have adequate TTY/TTD and interpreter capability. (42 CFR 457.1260, cross-referencing to 42 CFR 438.406(a)) 3.9.13 The state makes the following assurances related to MCO, PIHP, and PAHP processes for handling enrollee grievances and appeals: Individuals who make decisions on grievances and appeals were neither involved in any previous level of review or decision-making nor a subordinate of any such individual. Individuals who make decisions on grievances and appeals, if deciding any of the following, are individuals who have the appropriate clinical expertise in treating the enrollee's condition or disease: • An appeal of a denial that is based on lack of medical necessity. • A grievance regarding denial of expedited resolution of an appeal. • A grievance or appeal that involves clinical issues.
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All comments, documents, records, and other information submitted by the enrollee or their representative will be taken into account, without regard to whether such information was submitted or considered in the initial adverse benefit determination. Enrollees have a reasonable opportunity, in person and in writing, to present evidence and testimony and make legal and factual arguments. Enrollees are provided the enrollee's case file, including medical records, other documents and records, and any new or additional evidence considered, relied upon, or generated by the MCO, PIHP or PAHP (or at the direction of the MCO, PIHP or PAHP) in connection with the appeal of the adverse benefit determination. This information must be provided free of charge and sufficiently in advance of the resolution timeframe for appeals. The enrollee and his or her representative or the legal representative of a deceased enrollee's estate are included as parties to the appeal. (42 CFR 457.1260, cross-referencing to 42 CFR 438.406(b)) 3.9.14
The State assures that standard grievances are resolved (including notice to the affected parties) within 90 calendar days from the day the MCO, PIHP, or PAHP receives the grievance. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(b)) HHSC requires the MCO to resolve enrollee complaints and appeals that are not elevated to the Texas Department of Insurance within 30 days from the date it is received unless the MCO can document that the enrollee requested an extension, or the MCO shows there is a need for additional information and the delay is in the enrollee’s interest. 3.9.15
The State assures that standard appeals are resolved (including notice to the affected parties) within 30 calendar days from the day the MCO, PIHP, or PAHP receives the appeal. The MCO, PIHP, or PAHP may extend the timeframe by up to 14 calendar days if the enrollee requests the extension or the MCO, PIHP, or PAHP shows that there is need for additional information and that the delay is in the enrollee's interest. (42 CFR 457.1260, cross-referencing to 42 CFR 42 CFR 438.408(b) and (c)) HHSC requires the MCO to resolve enrollee complaints and appeals that are not elevated to the Texas Department of Insurance within 30 days from the date it is received unless the MCO can document that the enrollee requested an extension, or the MCO shows there is a need for additional information and the delay is in the enrollee’s interest. 3.9.16
The State assures that each MCO, PIHP, and PAHP establishes and maintains an expedited review process for appeals that is no longer than 72 hours after the MCO, PIHP, or PAHP receives the appeal. The expedited review process applies when the MCO, PIHP, or PAHP determines (for a request from the enrollee) or the provider indicates (in making the request on the enrollee's behalf or supporting the enrollee's request) that taking the time for a standard resolution could seriously jeopardize the enrollee's life, physical or mental health, or ability to attain, maintain, or regain maximum function. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(b) and (c), and 42 CFR 438.410(a)) 3.9.17
The State assures that if an MCO, PIHP, or PAHP denies a request for expedited resolution of an appeal, it transfers the appeal within the timeframe for standard resolution in accordance with 42 CFR 438.408(b)(2). (42 CFR 457.1260, cross-referencing to 42 CFR 438.410(c)(1))
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3.9.18
The State assures that if the MCO, PIHP, or PAHP extends the timeframes for an appeal not at the request of the enrollee or it denies a request for an expedited resolution of an appeal, it completes all of the following: • Make reasonable efforts to give the enrollee prompt oral notice of the delay. • Within 2 calendar days give the enrollee written notice of the reason for the decision to extend the timeframe and inform the enrollee of the right to file a grievance if he or she disagrees with that decision. • Resolve the appeal as expeditiously as the enrollee's health condition requires and no later than the date the extension expires. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(c) and 42 CFR 438.410(c)) 3.9.19
The State assures that if an MCO, PIHP, or PAHP fails to adhere to the notice and timing requirements in this section, the enrollee is deemed to have exhausted the MCO's, PIHP's, or PAHP's appeals process and the enrollee may initiate a State review. (42 CFR 457.1260, cross- referencing to 42 CFR 438.408(c)(3)) 3.9.20
The State assures that has established a method that an MCO, PIHP, and PAHP will use to notify an enrollee of the resolution of a grievance and ensure that such methods meet, at a minimum, the standards described at 42 CFR 438.10. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(1)) 3.9.21
For all appeals, the State assures that each contracted MCO, PIHP, and PAHP provides written notice of resolution in a format and language that, at a minimum, meet the standards described at 42 CFR 438.10. The notice of resolution includes at least the following items: • The results of the resolution process and the date it was completed; and • For appeals not resolved wholly in favor of the enrollees: o The right to request a State review, and how to do so. o The right to request and receive benefits while the hearing is pending, and how to make the request. o That the enrollee may, consistent with State policy, be held liable for the cost of those benefits if the hearing decision upholds the MCO's, PIHP's, or PAHP's adverse benefit determination. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(2)(i) and (e))
3.9.22
For notice of an expedited resolution, the State assures that each contracted MCO, PIHP, or PAHP makes reasonable efforts to provide oral notice, in addition to the written notice of resolution. (42 CFR 457.1260, cross referencing to 42 CFR 457.408(d)(2)(ii)) 3.9.23
The State assures that if it offers an external medical review: • The review is at the enrollee's option and is not required before or used as a deterrent to proceeding to the State review; • The review is independent of both the State and MCO, PIHP, or PAHP; and • The review is offered without any cost to the enrollee. (42 CFR 457.1260, cross-referencing to 42 CFR 438.408(f)) 3.9.24
The State assures that MCOs, PIHPs, and PAHPs do not take punitive action against providers who request an expedited resolution or support an enrollee's appeal. (42 CFR 457.1260, cross- referencing to 42 CFR 438.410(b))
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3.9.25
The State assures that MCOs, PIHPs, or PAHPs must provide information specified in 42 CFR 438.10(g)(2)(xi) about the grievance and appeal system to all providers and subcontractors at the time they enter into a contract. This includes: • The right to file grievances and appeals; • The requirements and timeframes for filing a grievance or appeal; • The availability of assistance in the filing process; • The right to request a State review after the MCO, PIHP or PAHP has made a determination on an enrollee's appeal which is adverse to the enrollee; and • The fact that, when requested by the enrollee, benefits that the MCO, PIHP, or PAHP seeks to reduce or terminate will continue if the enrollee files an appeal or a request for State review within the timeframes specified for filing, and that the enrollee may, consistent with State policy, be required to pay the cost of services furnished while the appeal or State review is pending if the final decision is adverse to the enrollee. (42 CFR 457.1260, cross- referencing to 42 CFR 438.414) 3.9.26
The State assures that it requires MCOs, PIHPs, and PAHPs to maintain records of grievances and appeals and reviews the information as part of its ongoing monitoring procedures, as well as for updates and revisions to the State quality strategy. The record must be accurately maintained in a manner accessible to the state and available upon request to CMS. (42 CFR 457.1260, cross- referencing to 42 CFR 438.416) 3.9.27
The State assures that if the MCO, PIHP, or PAHP, or the State review officer reverses a decision to deny, limit, or delay services that were not furnished while the appeal was pending, the MCO, PIHP, or PAHP must authorize or provide the disputed services promptly and as expeditiously as the enrollee's health condition requires but no later than 72 hours from the date it receives notice reversing the determination. (42 CFR 457.1260, cross-referencing to 42 CFR 438.424(a)) 3.10 Program Integrity Guidance: The State should complete Section 11 (Program Integrity) in addition to Section 3.10. Guidance: Only States with MCOs, PIHPs, or PAHPs need to answer the first seven assurances (3.10.1 through 3.10.7). 3.10.1 The State assures that any entity seeking to contract as an MCO, PIHP, or PAHP under a separate child health program has administrative and management arrangements or procedures designed to safeguard against fraud and abuse, including:
Enforcing MCO, PIHP, and PAHP compliance with all applicable Federal and State statutes, regulations, and standards;
Prohibiting MCOs, PIHPs, or PAHPs from conducting any unsolicited personal contact with a potential enrollee by an employee or agent of the MCO, PAHP, or PIHP for the purpose of influencing the individual to enroll with the entity; and
Including a mechanism for MCOs, PIHPs, and PAHPs to report to the State, to CMS, or to the Office of Inspector General (OIG) as appropriate, information on violations of law by subcontractors, providers, or enrollees of an MCO, PIHP, or PAHP and other individuals. (42 CFR 457.1280)
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3.10.2
The State assures that it has in effect safeguards against conflict of interest on the part of State and local officers and employees and agents of the State who have responsibilities relating to the MCO, PIHP, or PAHP contracts or enrollment processes described in 42 CFR 457.1210(a). (42 CFR 457.1214, cross referencing 42 CFR 438.58) 3.10.3
The State assures that it periodically, but no less frequently than once every 3 years, conducts, or contracts for the conduct of, an independent audit of the accuracy, truthfulness, and completeness of the encounter and financial data submitted by, or on behalf of, each MCO, PIHP or PAHP. (42 CFR 457.1285, cross referencing 42 CFR 438.602(e)) 3.10.4
The State assures that it requires MCOs, PIHPs, PAHP, and or subcontractors (only to the extent that the subcontractor is delegated responsibility by the MCO, PIHP, or PAHP for coverage of services and payment of claims) implement and maintain arrangements or procedures that are designed to detect and prevent fraud, waste, and abuse. The arrangements or procedures must include the following: • A compliance program that include all of the elements described in 42 CFR 438.608(a)(1); • Provision for prompt reporting of all overpayments identified or recovered, specifying the overpayments due to potential fraud, to the State; • Provision for prompt notification to the State when it receives information about changes in an enrollee's circumstances that may affect the enrollee's eligibility; • Provision for notification to the State when it receives information about a change in a network provider's circumstances that may affect the network provider's eligibility to participate in the managed care program, including the termination of the provider agreement with the MCO, PIHP or PAHP; • Provision for a method to verify, by sampling or other methods, whether services that have been represented to have been delivered by network providers were received by enrollees and the application of such verification processes on a regular basis; • In the case of MCOs, PIHPs, or PAHPs that make or receive annual payments under the contract of at least $5,000,000, provision for written policies for all employees of the entity, and of any contractor or agent, that provide detailed information about the False Claims Act and other Federal and State laws described in section 1902(a)(68) of the Act, including information about rights of employees to be protected as whistleblowers; • Provision for the prompt referral of any potential fraud, waste, or abuse that the MCO, PIHP, or PAHP identifies to the State Medicaid/CHIP program integrity unit or any potential fraud directly to the State Medicaid Fraud Control Unit; and • Provision for the MCO's, PIHP's, or PAHP's suspension of payments to a network provider for which the State determines there is a credible allegation of fraud in accordance with 42 CFR 455.23. (42 CFR 457.1285, cross referencing 42 CFR 438.608(a)) 3.10.5
The State assures that each MCO, PIHP, or PAHP requires and has a mechanism for a network provider to report to the MCO, PIHP or PAHP when it has received an overpayment, to return the overpayment to the MCO, PIHP or PAHP within 60 calendar days after the date on which the overpayment was identified, and to notify the MCO, PIHP or PAHP in writing of the reason for the overpayment. (42 CFR 457.1285, cross referencing 42 CFR 438.608(d)(2))
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3.10.6
The State assures that each MCO, PIHP, or PAHP reports annually to the State on their recoveries of overpayments. (42 CFR 457.1285, cross referencing 42 CFR 438.608(d)(3)) 3.10.7
The State assures that it screens and enrolls, and periodically revalidates, all network providers of MCOs, PIHPs, and PAHPs, in accordance with the requirements of part 455, subparts B and E. This requirement also extends to PCCMs and PCCM entities to the extent that the primary care case manager is not otherwise enrolled with the State to provide services to fee-for-service beneficiaries. (42 CFR 457.1285, cross referencing 42 CFR 438.602(b)(1) and 438.608(b)) 3.10.8
The State assures that it reviews the ownership and control disclosures submitted by the MCO, PIHP, PAHP, PCCM or PCCM entity, and any subcontractors. (42 CFR 457.1285, cross referencing 42 CFR 438.602(c)) 3.10.9
The State assures that it confirms the identity and determines the exclusion status of the MCO, PIHP, PAHP, PCCM or PCCM entity, any subcontractor, as well as any person with an ownership or control interest, or who is an agent or managing employee of the MCO, PIHP, PAHP, PCCM or PCCM entity through routine checks of Federal databases. If the State finds a party that is excluded, the State promptly notifies the MCO, PIHP, PAHP, PCCM, or PCCM entity and takes action consistent with 42 CFR 438.610(c). (42 CFR 457.1285, cross referencing 42 CFR 438.602(d)) 3.10.10
The State assures that it receives and investigates information from whistleblowers relating to the integrity of the MCO, PIHP, PAHP, PCCM, or PCCM entity, subcontractors, or network providers receiving Federal funds under this part. (42 CFR 457.1285, cross referencing 42 CFR 438.602(f)) 3.10.11
The State assures that MCOs, PIHPs, PAHPs, PCCMs, or PCCM entities with which the State contracts are not located outside of the United States and that no claims paid by an MCO, PIHP, or PAHP to a network provider, out-of-network provider, subcontractor or financial institution located outside of the U.S. are considered in the development of actuarially sound capitation rates. (42 CFR 457.1285, cross referencing to 42 CFR 438.602(i); Section 1902(a)(80) of the Social Security Act) 3.10.12 The State assures that MCOs, PIHPs, PAHPs, PCCMs, and PCCM entities submit to the State the following data, documentation, and information:
Encounter data in the form and manner described in 42 CFR 438.818.
Data on the basis of which the State determines the compliance of the MCO, PIHP, or PAHP with the medical loss ratio requirement described in 42 CFR 438.8.
Data on the basis of which the State determines that the MCO, PIHP or PAHP has made adequate provision against the risk of insolvency as required under 42 CFR 438.116.
Documentation described in 42 CFR 438.207(b) on which the State bases its certification that the MCO, PIHP or PAHP has complied with the State's requirements for availability and accessibility of services, including the adequacy of the provider network, as set forth in 42 CFR 438.206.
Information on ownership and control described in 42 CFR 455.104 of this chapter from MCOs, PIHPs, PAHPs, PCCMs, PCCM entities, and subcontractors as governed by 42 CFR 438.230.
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The annual report of overpayment recoveries as required in 42 CFR 438.608(d)(3). (42 CFR 457.1285, cross referencing 42 CFR 438.604(a))
3.10.13 The State assures that:
It requires that the data, documentation, or information submitted in accordance with 42 CFR 457.1285, cross referencing 42 CFR 438.604(a), is certified in a manner that the MCO's, PIHP's, PAHP's, PCCM's, or PCCM entity's Chief Executive Officer or Chief Financial Officer is ultimately responsible for the certification. (42 CFR 457.1285, cross referencing 42 CFR 438.606(a))
It requires that the certification includes an attestation that, based on best information, knowledge, and belief, the data, documentation, and information specified in 42 CFR 438.604 are accurate, complete, and truthful. (42 CFR 457.1285, cross referencing 42 CFR 438.606(b)); and
It requires the MCO, PIHP, PAHP, PCCM, or PCCM entity to submit the certification concurrently with the submission of the data, documentation, or information required in 42 CFR 438.604(a) and (b). (42 CFR 457.1285, cross referencing 42 CFR 438.604(c))
3.10.14
The State assures that each MCO, PIHP, PAHP, PCCM, PCCM entity, and any subcontractors provides: written disclosure of any prohibited affiliation under 42 CFR 438.610, written disclosure of and information on ownership and control required under 42 CFR 455.104, and reports to the State within 60 calendar days when it has identified the capitation payments or other payments in excess of amounts specified in the contract. (42 CFR 457.1285, cross referencing 42 CFR 438.608(c)) 3.10.15
The State assures that services are provided in an effective and efficient manner. (Section 2101(a)) 3.10.16
The State assures that it operates a Web site that provides: • The documentation on which the State bases its certification that the MCO, PIHP or PAHP has complied with the State's requirements for availability and accessibility of services; • Information on ownership and control of MCOs, PIHPs, PAHPs, PCCMs, PCCM entities, and subcontractors; and • The results of any audits conducted under 42 CFR 438.602(e). (42 CFR 457.1285, cross- referencing to 42 CFR 438.602(g)). 3.11 Sanctions Guidance: Only States with MCOs need to answer the next three assurances (3.11.1 through 3.11.3).
Intermediate sanctions are defined at 42 CFR 438.702(a)(4) as: (1) Civil money penalties; (2) Appointment of temporary management (for an MCO); (3) Granting enrollees the right to terminate enrollment without cause; (4) Suspension of all new enrollment; and (5) Suspension of payment for beneficiaries.
3.11.1
The State assures that it has established intermediate sanctions that it may impose if it makes the determination that an MCO has acted or failed to act in a manner specified in 438.700(b)-(d). (42 CFR 457.1270, cross referencing 42 CFR 438.700)
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3.11.2
The State assures that it will impose temporary management if it finds that an MCO has repeatedly failed to meet substantive requirements of part 457 subpart L. (42 CFR 457.1270, cross referencing 42 CFR 438.706(b)) 3.11.3
The State assures that if it imposes temporary management on an MCO, the State allows enrollees the right to terminate enrollment without cause and notifies the affected enrollees of their right to terminate enrollment. (42 CFR 457.1270, cross referencing 42 CFR 438.706(b)) Guidance: Only states with PCCMs, or PCCM entities need to answer the next assurance (3.11.4). 3.11.4 Does the State establish intermediate sanctions for PCCMs or PCCM entities? Yes No
Guidance: Only states with MCOs and states that answered yes to assurance 3.11.4 need to complete the next three assurances (3.11.5 through 3.11.7). 3.11.5
The State assures that before it imposes intermediate sanctions, it gives the affected entity timely written notice. (42 CFR 457.1270, cross referencing 42 CFR 438.710(a)) 3.11.6
The State assures that if it intends to terminate an MCO, PCCM, or PCCM entity, it provides a pre-termination hearing and written notice of the decision as specified in 42 CFR 438.710(b). If the decision to terminate is affirmed, the State assures that it gives enrollees of the MCO, PCCM or PCCM entity notice of the termination and information, consistent with 42 CFR 438.10, on their options for receiving CHIP services following the effective date of termination. (42 CFR 457.1270, cross referencing 42 CFR 438.710(b)) 3.11.7
The State assures that it will give CMS written notice that complies with 42 CFR 438.724 whenever it imposes or lifts a sanction for one of the violations listed in 42 CFR 438.700. (42 CFR 457.1270, cross referencing 42 CFR 438.724) 3.12 Quality Measurement and Improvement; External Quality Review Guidance: The State should complete Sections 7 (Quality and Appropriateness of Care) and 9 (Strategic Objectives and Performance Goals and Plan Administration) in addition to Section 3.12. Guidance: States with MCO(s), PIHP(s), PAHP(s), or certain PCCM entity/ies (PCCM entities whose contract with the State provides for shared savings, incentive payments or other financial reward for improved quality outcomes - see 42 CFR 457.1240(f)) - should complete the applicable sub-sections for each entity type in this section, regarding 42 CFR 457.1240 and 1250. 3.12.1 Quality Strategy Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs, or PCCM entities need to complete section 3.12.1. 3.12.1.1
The State assures that it will draft and implement a written quality strategy for assessing and improving the quality of health care and services furnished CHIP enrollees as described in 42 CFR 438.340(a). The quality strategy must include the following items:
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• The State-defined network adequacy and availability of services standards for MCOs, PIHPs, and PAHPs required by 42 CFR 438.68 and 438.206 and examples of evidence-based clinical practice guidelines the State requires in accordance with 42 CFR 438.236; • A description of: o The quality metrics and performance targets to be used in measuring the performance and improvement of each MCO, PIHP, and PAHP with which the State contracts, including but not limited to, the performance measures reported in accordance with 42 CFR 438.330(c); and o The performance improvement projects to be implemented in accordance with 42 CFR 438.330(d), including a description of any interventions the State proposes to improve access, quality, or timeliness of care for beneficiaries enrolled in an MCO, PIHP, or PAHP; • Arrangements for annual, external independent reviews, in accordance with 42 CFR 438.350, of the quality outcomes and timeliness of, and access to, the services covered under each contract; • A description of the State's transition of care policy required under 42 CFR 438.62(b)(3); • The State's plan to identify, evaluate, and reduce, to the extent practicable, health disparities based on age, race, ethnicity, sex, and primary language; • For MCOs, appropriate use of intermediate sanctions that, at a minimum, meet the requirements of subpart I of 42 CFR Part 438; • A description of how the State will assess the performance and quality outcomes achieved by each PCCM entity; • The mechanisms implemented by the State to comply with 42 CFR 438.208(c)(1) (relating to the identification of persons with special health care needs); • Identification of the external quality review (EQR)-related activities for which the State has exercised the option under 42 CFR 438.360 (relating to nonduplication of EQR-related activities), and explain the rationale for the State's determination that the private accreditation activity is comparable to such EQR-related activities; • Identification of which quality measures and performance outcomes the State will publish at least annually on the Web site required under 42 CFR 438.10(c)(3); and • The State's definition of a “significant change” for the purposes of updating the quality strategy under 42 CFR 438.340(c)(3)(ii). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)) 3.12.1.2
The State assures that the goals and objectives for continuous quality improvement in the quality strategy are measurable and take into consideration the health status of all populations in the State served by the MCO, PIHP, and PAHP. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)(2)) 3.12.1.3
The State assures that for purposes of the quality strategy, the State provides the demographic information for each CHIP enrollee to the MCO, PIHP or PAHP at the time of enrollment. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(b)(6))
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3.12.1.4
The State assures that it will review and update the quality strategy as needed, but no less than once every 3 years. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)) 3.12.1.5
The State assures that its review and updates to the quality strategy will include an evaluation of the effectiveness of the quality strategy conducted within the previous 3 years and the recommendations provided pursuant to 42 CFR 438.364(a)(4). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)(i) and (iii). 3.12.1.6
The State assures that it will submit to CMS: • A copy of the initial quality strategy for CMS comment and feedback prior to adopting it in final; and • A copy of the revised strategy whenever significant changes are made to the document, or whenever significant changes occur within the State's CHIP program, including after the review and update required every 3 years. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(3)) 3.12.1.7
Before submitting the strategy to CMS for review, the State assures that when it drafts or revises the State’s quality strategy it will: • Make the strategy available for public comment; and • If the State enrolls Indians in the MCO, PIHP, or PAHP, consult with Tribes in accordance with the State's Tribal consultation policy. (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(1)) 3.12.1.8
The State assures that it makes the results of the review of the quality strategy (including the effectiveness evaluation) and the final quality strategy available on the Web site required under 42 CFR 438.10(c)(3). (42 CFR 457.1240(e), cross referencing to 42 CFR 438.340(c)(2)(ii) and (d)) 3.12.2 Quality Assessment and Performance Improvement Program 3.12.2.1 Quality Assessment and Performance Improvement Program: Measures and Projects Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete the next two assurances (3.12.2.1.1 and 3.12.2.1.2). 3.12.2.1.1 The State assures that it requires that each MCO, PIHP, and PAHP establish and implement an ongoing comprehensive quality assessment and performance improvement program for the services it furnishes to its enrollees as provided in 42 CFR 438.330, except that the terms of 42 CFR 438.330(d)(4) (related to dual eligibles) do not apply. The elements of the assessment and program include at least: • Standard performance measures specified by the State; • Any measures and programs required by CMS (42 CFR 438.330(a)(2); • Performance improvement projects that focus on clinical and non-clinical areas, as specified in 42 CFR 438.330(d); • Collection and submission of performance measurement data in accordance with 42 CFR 438.330(c);
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• Mechanisms to detect both underutilization and overutilization of services; and • Mechanisms to assess the quality and appropriateness of care furnished to enrollees with special health care needs, as defined by the State in the quality strategy under 42 CFR 457.1240(e) and Section 3.12.1 of this template). (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(b) and (c)(1))
Guidance: A State may request an exemption from including the performance measures or performance improvement programs established by CMS under 42 CFR 438.330(a)(2), by submitting a written request to CMS explaining the basis for such request. 3.12.2.1.2 The State assures that each MCO, PIHP, and PAHP’s performance improvement projects are designed to achieve significant improvement, sustained over time, in health outcomes and enrollee satisfaction. The performance improvement projects include at least the following elements: • Measurement of performance using objective quality indicators; • Implementation of interventions to achieve improvement in the access to and quality of care; • Evaluation of the effectiveness of the interventions based on the performance measures specified in 42 CFR 438.330(d)(2)(i); and • Planning and initiation of activities for increasing or sustaining improvement. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(d)(2)) Guidance: Only states with a PCCM entity whose contract with the State provides for shared savings, incentive payments or other financial reward for improved quality outcomes need to, complete the next assurance (3.12.2.1.3).
3.12.2.1.3 The State assures that it requires that each PCCM entity establishes and implements an ongoing comprehensive quality assessment and performance improvement program for the services it furnishes to its enrollees as provided in 42 CFR 438.330, except that the terms of 42 CFR 438.330(d)(4) (related to dual eligibles) do not apply. The assessment and program must include: • Standard performance measures specified by the State; • Mechanisms to detect both underutilization and overutilization of services; and • Collection and submission of performance measurement data in accordance with 42 CFR 438.330(c). (42 CFR 457.1240(a) and (b), cross referencing to 42 CFR 438.330(b)(3) and (c)) 3.12.2.2 Quality Assessment and Performance Improvement Program: Reporting and Effectiveness Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.2.2. 3.12.2.2.1 The State assures that each MCO, PIHP, and PAHP reports on the status and results of each performance improvement project conducted by the MCO, PIHP, and PAHP to the State as required by the State, but not less than once per year. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(d)(3))
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3.12.2.2.2 The State assures that it annually requires each MCO, PIHP, and PAHP to:
1) Measure and report to the State on its performance using the standard measures required by the State;
2) Submit to the State data specified by the State to calculate the MCO's, PIHP's, or PAHP's performance using the standard measures identified by the State; or
3) Perform a combination of options (1) and (2) of this assurance. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(c)(2))
3.12.2.2.3 The State assures that the State reviews, at least annually, the impact and effectiveness of the quality assessment and performance improvement program of each MCO, PIHP, PAHP and PCCM entity. The State’s review must include: • The MCO's, PIHP's, PAHP's, and PCCM entity's performance on the measures on which it is required to report; and • The outcomes and trended results of each MCO's, PIHP's, and PAHP's performance improvement projects. (42 CFR 457.1240(b), cross referencing to 42 CFR 438.330(e)(1)) 3.12.3 Accreditation Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.3. 3.12.3.1
The State assures that it requires each MCO, PIHP, and PAHP to inform the state whether it has been accredited by a private independent accrediting entity, and, if the MCO, PIHP, or PAHP has received accreditation by a private independent accrediting agency, that the MCO, PIHP, and PAHP authorizes the private independent accrediting entity to provide the State a copy of its recent accreditation review that includes the MCO, PIHP, and PAHP’s accreditation status, survey type, and level (as applicable); accreditation results, including recommended actions or improvements, corrective action plans, and summaries of findings; and expiration date of the accreditation. (42 CFR 457.1240(c), cross referencing to 42 CFR 438.332(a) and (b)). 3.12.3.2
The State assures that it will make the accreditation status for each contracted MCO, PIHP, and PAHP available on the Web site required under 42 CFR 438.10(c)(3), including whether each MCO, PIHP, and PAHP has been accredited and, if applicable, the name of the accrediting entity, accreditation program, and accreditation level; and update this information at least annually. (42 CFR 457.1240(c), cross referencing to 42 CFR 438.332(c)) 3.12.4 Quality Rating Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete Section 3.12.4.
The State assures that it will implement and operate a quality rating system that issues an annual quality rating for each MCO, PIHP, and PAHP, which the State will prominently display on the Web site required under 42 CFR 438.10(c)(3), in accordance with the requirements set forth in 42 CFR 438.334. (42 CFR 457.1240(d)) Guidance: States will be required to comply with this assurance within 3 years after CMS, in consultation with States and other Stakeholders and after providing public notice and opportunity for
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comment, has identified performance measures and a methodology for a Medicaid and CHIP managed care quality rating system in the Federal Register. 3.12.5 Quality Review Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs or PCCM entities need to complete Sections 3.12.5 and 3.12.5.1.
The State assures that each contract with a MCO, PIHP, PAHP, or PCCM entity requires that a qualified EQRO performs an annual external quality review (EQR) for each contracting MCO, PIHP, PAHP or PCCM entity, except as provided in 42 CFR 438.362. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(a)) 3.12.5.1 External Quality Review Organization 3.12.5.1.1 The State assures that it contracts with at least one external quality review organization (EQRO) to conduct either EQR alone or EQR and other EQR-related activities. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.356(a)) 3.12.5.1.2 The State assures that any EQRO used by the State to comply with 42 CFR 457.1250 must meet the competence and independence requirements of 42 CFR 438.354 and, if the EQRO uses subcontractors, that the EQRO is accountable for and oversees all subcontractor functions. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.354 and 42 CFR 438.356(b) through (d)) 3.12.5.2 External Quality Review-Related Activities Guidance: Only states with MCOs, PIHPs, or PAHPs need to complete the next three assurances (3.12.5.2.1 through 3.12.5.2.3). Under 42 CFR 457.1250(a), the State, or its agent or EQRO, must conduct the EQR-related activity under 42 CFR 438.358(b)(1)(iv) regarding validation of the MCO, PIHP, or PAHP’s network adequacy during the preceding 12 months; however, the State may permit its contracted MCO, PIHP, and PAHPs to use information from a private accreditation review in lieu of any or all the EQR-related activities under 42 CFR 438.358(b)(1)(i) through (iii) (relating to the validation of performance improvement projects, validation of performance measures, and compliance review). 3.12.5.2.1 The State assures that the mandatory EQR-related activities described in 42 CFR 438.358(b)(1)(i) through (iv) (relating to the validation of performance improvement projects, validation of performance measures, compliance review, and validation of network adequacy) will be conducted on all MCOs, PIHPs, or PAHPs. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.358(b)(1))
3.12.5.2.2 The State assures that if it elects to use nonduplication for any or all of the three mandatory EQR-related activities described at 42 CFR 438.358(b)(1)(i) – (iii), the State will document the use of nonduplication in the State’s quality strategy. (42 CFR 457.1250(a), cross referencing 438.360, 438.358(b)(1)(i) through (b)(1)(iii), and 438.340)
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3.12.5.2.3 The State assures that if the State elects to use nonduplication for any or all of the three mandatory EQR-related activities described at 42 CFR 438.358(b)(1)(i) – (iii), the State will ensure that all information from a Medicare or private accreditation review for an MCO, PIHP, or PAHP will be furnished to the EQRO for analysis and inclusion in the EQR technical report described in 42 CFR 438.364. ((42 CFR 457.1250(a), cross referencing to 42 CFR 438.360(b)) Guidance: Only states with PCCM entities need to complete the next assurance (3.12.5.2.4). 3.12.5.2.4 The State assures that the mandatory EQR-related activities described in 42 CFR 438.358(b)(2) (cross-referencing 42 CFR 438.358(b)(1)(ii) and (b)(1)(iii)) will be conducted on all PCCM entities, which include: • Validation of PCCM entity performance measures required in accordance with 42 CFR 438.330(b)(2) or PCCM entity performance measures calculated by the State during the preceding 12 months; and • A review, conducted within the previous 3-year period, to determine the PCCM entity’s compliance with the standards set forth in subpart D of 42 CFR part 438 and the quality assessment and performance improvement requirements described in 42 CFR 438.330. (42 CFR 457.1250(a), cross referencing to 438.358(b)(2))
3.12.5.3 External Quality Review Report Guidance: All states with MCOs, PIHPs, PAHPs, PCCMs or PCCM entities need to complete Sections 3.12.5.3. 3.12.5.3.1 The State assures that data obtained from the mandatory and optional, if applicable, EQR-related activities in 42 CFR 438.358 is used for the annual EQR to comply with 42 CFR 438.350 and must include, at a minimum, the elements in §438.364(a)(2)(i) through (iv). (42 CFR 457.1250(a), cross referencing to 42 CFR 438.358(a)(2))
3.12.5.3.2 The State assures that only a qualified EQRO will produce the EQR technical report (42 CFR 438.364(c)(1)).
3.12.5.3.3 The State assures that in order for the qualified EQRO to perform an annual EQR for each contracting MCO, PIHP, PAHP or PCCM entity under 42 CFR 438.350(a) that the following conditions are met: • The EQRO has sufficient information to use in performing the review; • The information used to carry out the review must be obtained from the EQR- related activities described in 42 CFR 438.358 and, if applicable, from a private accreditation review as described in 42 CFR 438.360; • For each EQR-related activity (mandatory or optional), the information gathered for use in the EQR must include the elements described in 42 CFR 438.364(a)(2)(i) through (iv); and • The information provided to the EQRO in accordance with 42 CFR 438.350(b) is obtained through methods consistent with the protocols established by the Secretary in accordance with 42 CFR 438.352. (42 CFR
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457.1250(a), cross referencing to 42 CFR 438.350(b) through (e)) 3.12.5.3.4 The State assures that the results of the reviews performed by a qualified EQRO of each contracting MCO, PIHP, PAHP, and PCCM entity are made available as specified in 42 CFR 438.364 in an annual detailed technical report that summarizes findings on access and quality of care. The report includes at least the following items: • A description of the manner in which the data from all activities conducted in accordance with 42 CFR 438.358 were aggregated and analyzed, and conclusions were drawn as to the quality, timeliness, and access to the care furnished by the MCO, PIHP, PAHP, or PCCM entity (described in 42 CFR 438.310(c)(2)); • For each EQR-related activity (mandatory or optional) conducted in accordance with 42 CFR 438.358: o Objectives; o Technical methods of data collection and analysis; o Description of data obtained, including validated performance measurement data for each activity conducted in accordance with 42 CFR 438.358(b)(1)(i) and (ii); and o Conclusions drawn from the data; • An assessment of each MCO's, PIHP's, PAHP's, or PCCM entity's strengths and weaknesses for the quality, timeliness, and access to health care services furnished to CHIP beneficiaries; • Recommendations for improving the quality of health care services furnished by each MCO, PIHP, PAHP, or PCCM entity, including how the State can target goals and objectives in the quality strategy, under 42 CFR 438.340, to better support improvement in the quality, timeliness, and access to health care services furnished to CHIP beneficiaries; • Methodologically appropriate, comparative information about all MCOs, PIHPs, PAHPs, and PCCM entities, consistent with guidance included in the EQR protocols issued in accordance with 42 CFR 438.352(e); and • An assessment of the degree to which each MCO, PIHP, PAHP, or PCCM entity has addressed effectively the recommendations for quality improvement made by the EQRO during the previous year's EQR. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.350(f) and 438.364(a)) 3.12.5.3.5 The State assures that it does not substantively revise the content of the final EQR technical report without evidence of error or omission. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(b)) 3.12.5.3.6 The State assures that it finalizes the annual EQR technical report by April 30th of each year. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(1)) 3.12.5.3.7 The State assures that it posts the most recent copy of the annual EQR technical report on the Web site required under 42 CFR 438.10(c)(3) by April 30th of each year. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(2)(i)) 3.12.5.3.8 The State assures that it provides printed or electronic copies of the information specified in 42 CFR 438.364(a) for the annual EQR technical report, upon
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request, to interested parties such as participating health care providers, enrollees and potential enrollees of the MCO, PIHP, PAHP, or PCCM, beneficiary advocacy groups, and members of the general public. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(2)(ii)) 3.12.5.3.9 The State assures that it makes the information specified in 42 CFR 438.364(a) for the annual EQR technical report available in alternative formats for persons with disabilities, when requested. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(c)(3)) 3.12.5.3.10 The State assures that information released under 42 CFR 438.364 for the annual EQR technical report does not disclose the identity or other protected health information of any patient. (42 CFR 457.1250(a), cross referencing to 42 CFR 438.364(d))
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Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 5.
TX RESPONSE: Please see approved CS3 template.
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4.1. The following standards may be used to determine eligibility of targeted low-income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a))
TX RESPONSE: Please see approved CS18 template.
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These standards are used for Texas CHIP: 4.1.1. Geographic area served by the Plan: Eligible children throughout the state will receive services. 4.1.2. Age: Children through the age of 18 years will be eligible. 4.1.2.1 Age: For unborn children, coverage can begin from the confirmation of pregnancy and enrollment in CHIP Perinatal Program. 4.1.3. Income: Children whose countable family income (gross income minus all eligible childcare expenses) is at or below 200 percent of FPL will be eligible.
TX RESPONSE: Please see approved CS7, CS9 and CS14 templates.
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4.1.4. Resources (including any standards relating to spend downs and disposition of resources): Family resources are not taken into account in the determination of eligibility for children at or below 150 percent of FPL.
Not applicable
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4.1.5. Residency (so long as residency requirement is not based on length of time in state): Children must be residents of Texas to be eligible for services.
TX RESPONSE: Please see approved CS17 template.
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4.1.6. Disability Status (so long as any standard relating to disability status does not restrict eligibility): Not applicable. 4.1.7. Access to or coverage under other health coverage: The application form asks for information on the insurance status of children making application. Children with existing health insurance are denied eligibility for Texas CHIP. Unborn children with existing health insurance are denied eligibility for Texas CHIP. 4.1.8. Duration of eligibility: Eligible children in the traditional CHIP Program with incomes at or below 185 FPL receive coverage for 12 continuous months. Eligible children in the traditional CHIP Program with incomes above 185 percent of FPL receive coverage for up to 12 months and are required to verify income eligibility at month six of their 12-month CHIP coverage period. Eligible unborn children receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid.
TX RESPONSE: Please see approved CS27 template.
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4.1.9. Other standards (identify and describe): Immigration status: children who are legal residents but have not passed the five year bar are enrolled at the cost of the State.
TX RESPONSE: Please see approved CS19 template.
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4.1.10. Check if the State is electing the option under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) to provide coverage to the following children as specified below who are lawfully residing in the United States, and consist of the following: A child shall be considered lawfully present if he or she is:
(1) A qualified alien as defined in section 431 of PRWORA (8 U.S.C. §1641); (2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; (3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings; (4) An alien who belongs to one of the following classes:
(i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively);
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization;
(iii) Aliens who have been granted employment authorization under 8 CFR 274a,12(c)(9), (10), (16) (18), (20), (22), or (24);
(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status; or
(vii) Aliens whose visa petition has been approved and who have a pending application for adjustment of status;
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(5) A pending applicant for asylum under section 208(a) of the INA (8 U, S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U,S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;
(6) An alien who has been granted withholding of removal under the Convention Against Torture;
(7) A child who has a pending application for Special Immigrant Juvenile status as described in section 10 1 (a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J));
(8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or
(9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
The State elects the CHIPRA section 214 option for children up to age 19. The State elects the CHIPRA section 214 option for pregnant women through the 60-day postpartum period.
TX RESPONSE: Please see approved CS18 template.
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR 457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis. 4.2.2. Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. 4.2.3. These standards do not deny eligibility based on a child having a pre- existing medical condition.
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4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
TX RESPONSE: Please see approved CS24, CS15 and CS10 templates.
In the event of a FEMA- or Governor- declared disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies, the effective dates of such adjustments, and the counties/ areas impacted by the disaster.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, enrollees may be granted eligibility and receive services beyond their certification period and may be provided additional time to submit a renewal or verification.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, eligibility verification requirements may be waived at application and renewal. The state may allow self-attestation to complete the eligibility determination, in accordance with 42 CFR 457.380.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the State may waive or delay collection of enrollment fees in accordance with Sections 8.2.1 and 8.2.3.
4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b)) Check here if this section does not apply to your state.
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4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
TX RESPONSE: Please see approved CS24 template.
4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2))
4.4.3. The State is taking steps to assist in the enrollment in CHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR 431.636(b)(4))
TX RESPONSE: Please see approved CS10 template.
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4.4.4 The insurance provided under the state child health plan does not substitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c))
TX RESPONSE: Please see approved CS20 template.
4.4.4.1. Coverage provided to children in families at or below 200 percent FPL: describe the methods of monitoring substitution.
4.4.4.2. Coverage provided to children in families over 200 percent and up to 250 percent FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become unacceptable.
4.4.4.3. Coverage provided to children in families above 250 percent FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution. 4.4.4.4. If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution. The cost-effectiveness determination.
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4.4.5 Child health assistance is provided to targeted low-income children in the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
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Section 5. Outreach (Section 2102(c))
Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Historical Background Outreach in the first two years of TexCare, which was the State’s generic outreach campaign for Children’s Medicaid and CHIP, focused on a statewide media/marketing campaign focused on a call-to-action to families to call the TexCare hotline or send in a written application; direct application assistance by TexCare’s CBOs’ outreach staff; and mass dissemination of information about the program. These strategies were appropriate for the "start-up" phase, as the challenge was to reach hundreds of thousands of unidentified families eligible for children's health insurance.
TexCare was designed to outreach on behalf of both Children’s Medicaid and CHIP. However, because CHIP was a new and separately financed program that offered the first-ever opportunity of coverage to hundreds of thousands of families, much of the focus of state and local stakeholders has been on assuring the achievement of the ambitious CHIP "start-up" goal. Now that CHIP has been successfully launched, Texas is entering a new outreach phase that is dominated by the need to promote renewal and appropriate utilization of services. The Medicaid focus of the outreach effort has been sharpened with the implementation of SB 43, 77th Legislature, Regular Session, 2001, which is state legislation simplifying Children’s Medicaid. This legislation benefits many families because it mandates that the application and enrollment process for Children’s Medicaid-eligible families is as seamless, simple, and transparent as that enjoyed by CHIP-eligible families.
Texas’ call-to-action outreach efforts in the first two years of the program have not stopped. In 2006, however, the TexCare logo was retired and replaced with CHIP/Children’s Medicaid as the State integrated the applications for CHIP and Children’s Medicaid into one application form. With the implementation of HB 109, 80th Legislature, Regular Session, 2007, the outreach focus shifted to include the permanent incorporation of CHIP/Children’s Medicaid information in systems (e.g., schools, emergency rooms, provider offices, pharmacies) in the community and the perpetuation and appropriate utilization of existing coverage.
In all aspects of implementing CHIP/Children’s Medicaid, Texas has learned from the experience of other states. A review of that experience suggests that a broadening of Texas’ strategy was appropriate. By diversifying beyond mass information dissemination and direct application assistance, the program will benefit
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from: • increasing the efficiency of efforts to identify and target under-served populations; • broadening and incorporating automatic information dissemination systems within organizations that have frequent contact with families; • increasing the emphasis on all aspects of disease and disability prevention; • communicating the fact that, through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; and • emphasizing family maintenance of health care coverage and appropriate utilization of services.
Other states' experience also shows that the program and the enrolled children benefit when efforts are made to keep enrolled children in health care coverage when their first period of eligibility expires.
Based on this experience, the State adopted the following goals for the next phase of outreach for CHIP/Children’s Medicaid:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals and mass communications to reach eligible families; • mass media messages and activities by CHIP/Children’s Medicaid contracted CBOs and health plans shifting primary emphasis from a call-to-action to the idea that through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; • increased emphasis on activities by CHIP/Children’s Medicaid CBOs and stakeholders to place CHIP/Children’s Medicaid information in the hands of families at times and places in which they are likely to be motivated by and interested in the information; • activities by CHIP/Children’s Medicaid CBOs and stakeholders to work within organizations that have regular contact with families (e.g. emergency rooms, provider offices, pharmacies, schools) to set in place automatic and recurring "systems" to inform families and help them apply for health care coverage through CHIP/Children’s Medicaid; and • continued activities to support enrollee families in successfully completing their annual renewal process, involving health plans, the administrative services contractor, and CHIP/Children’s Medicaid CBOs.
Outreach has become more strategic in nature as Texas has sought to work with entities in all sectors of the community to broaden and institutionalize the message to include the value of insurance, the importance of renewal, and education on appropriate utilization of services.
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Outreach strategies will result in the identification of non-Medicaid eligible pregnant women whose unborn children may be eligible for this program.
Based on previous experience, the State will develop:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals; • increased emphasis on activities by CBOs and stakeholders to place information in the hands of women at times and places in which they are likely to be motivated by and interested in the information; and • activities by CBOs and stakeholders to work within organizations that have regular contact with pregnant women such as provider offices.
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Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a)) 6.1.1. Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2 Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If an existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for an existing comprehensive state-based coverage.
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) 6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration project 6.1.4.3. Coverage that either includes the full EPSDT benefit or that the state has extended to the entire Medicaid population
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6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. Other (Describe) The state elects to provide a basic set of health care benefits that are focused on primary health care needs and that contain the cost of the benefit package. Specific covered services are described in Section 6.2 below.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
6.2.1. Inpatient services (Section 2110(a)(1)) Covered, medically necessary inpatient services are unlimited and include, but are not limited to: Semi-private room and board (or private if medically necessary as certified by attending); general nursing care; ICU and services; patient meals and special diets; operating, recovery and other treatment rooms; anesthesia and administration (facility technical component); surgical dressings, trays, casts, splints, drugs, medications and biologicals; X-rays, imaging and other radiological tests (facility technical component); laboratory and pathology services (facility technical component); machine diagnostic tests (EEGs, EKGs, etc); oxygen services and inhalation therapy; radiation and chemotherapy; access to DSHS- designated Level III perinatal centers or hospitals meeting equivalent levels of care; hospital-provided physician services (facility technical component); and, in-network or out-of-network facility and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section. Exclusions and Limitations include: Infertility treatments or reproductive services other than prenatal care, labor and delivery, and care related to disease, illnesses, or abnormalities related to the reproductive system; personal comfort items including but not limited to personal care kits provided on inpatient admission, telephone,
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6.2.2. television, newborn infant photographs, meals for guests of patient, and other articles which are not required for the specific treatment of sickness or injury; experimental and/or investigational medical, surgical or other health care procedures or services which are not generally employed or recognized within the medical community; treatment or evaluations required by third parties including, but not limited to, those for schools, employment, flight clearance, camps, insurance or court; custodial care; mechanical organ replacement devices, including, but not limited to artificial heart; private duty nursing services when performed on an inpatient basis; and, hospital services and supplies when confinement is solely for diagnostic testing purposes, unless otherwise pre-authorized by the Health Plan. The health plan may require prior authorization for: non-emergency care and following stabilization of an emergency condition; and, for in-network or out-of-network facility and physician services for a mother and her newborn(s) after 48 hours following an uncomplicated vaginal delivery and after 96 hours following an uncomplicated delivery by caesarian section. CHIP Perinatal Program: • Inpatient facility services are not a covered benefit for unborn children at or below 198 percent of the Federal Poverty Level (FPL). Once the child is born, they will receive full CHIP benefits. • Covered medically necessary inpatient services are limited to labor and delivery until birth for unborn children. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient services (Section 2110(a)(2)) Covered, medically necessary outpatient services are unlimited and include, but are not limited to, the following services provided in a hospital clinic, a clinic or health center, hospital-based emergency department or an ambulatory health care setting: X-ray, imaging, and radiological tests (technical component); laboratory and pathology services (technical component); machine diagnostic tests; ambulatory surgical facility services; drugs, medications and biologicals; casts, splints, dressings; preventive health services; physical occupational and speech therapy; renal dialysis; respiratory services; radiation and chemotherapy; and blood or blood products (if not provided free-of- charge to the patient) and the administration of these products. Exclusions and Limitations include: The health plan may require prior authorization and physician prescription for outpatient services.
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6.2.3. CHIP Perinatal Program: • Covered, medically necessary outpatient services for the unborn child are limited to those outpatient services that directly relate to prenatal or postpartum care and/or the delivery of the covered unborn child until birth. • Outpatient observation is a covered benefit under the CHIP Perinatal Program. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age confirmation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Physician services (Section 2110(a)(3)) Covered, medically necessary physician and physician extender services are unlimited and include, but are not limited to, the following: American Academy of Pediatrics recommended well-child exams and preventive health services (including but not limited to vision and hearing screening and immunizations); physician office visits; inpatient and outpatient services; laboratory, x-rays, imaging and pathology services and professional interpretation; medications, biologicals and materials administered in the physician’s office; allergy testing, serum and injections; (in/outpatient) surgical services, including surgeons for surgical procedures including appropriate follow-up care, administration of anesthesia by physician (other than surgeon) or CRNA, second surgical opinions, same-day surgery performed in a hospital without an over-night stay; invasive diagnostic procedures such as endoscopic examination; hospital-based physician services (including physician-performed technical and interpretative components); and, in-network and out-of-network physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section. Exclusions to physician services include: infertility treatments, prostate and mammography screening; reproductive services other than prenatal care, labor and delivery, and care related to diseases, illnesses, or abnormalities related to the reproductive system; elective surgery to correct vision; gastric procedures for weight loss; cosmetic
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surgery/services solely for cosmetic purposes; cut-of-network services not authorized by the Health Plan except for emergency care and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section; services, supplies, meal replacements or supplements provided for weight control or the treatment of obesity, except for the services associated with the treatment for morbid obesity as part of a treatment plan approved by the Health Plan; acupuncture services, naturopathy and hypnotherapy; immunizations solely for foreign travel; routine foot care such as hygienic care; and diagnosis and treatment of weak, strained, or flat feet and the cutting or removal of corns, calluses and toenails (this does not apply to the removal of nail roots or surgical treatment of conditions underlying corns, calluses or ingrown toenails).
The Health Plan may require prior authorization for specialty physician services.
6.2.4. CHIP Perinatal Program: • Covered, medically necessary physician services are limited to prenatal and postpartum care and/or the delivery of the covered unborn child until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis.
Surgical services (Section 2110(a)(4)). Covered, unlimited medically necessary surgical services, and limitations and exclusions to surgical services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary surgical services for the unborn child are limited to services that directly relate to the delivery of the unborn child enrolled in the program until birth. • Coverage for the CHIP Perinatal newborn is the same as
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6.2.5.
6.2.6. coverage for traditional CHIP clients.
Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5)) Covered, unlimited medically necessary clinic services (including health center services) and other ambulatory health care services, and limitations and exclusions to these services are described under outpatient services.
CHIP Perinatal Program: • Covered, medically necessary clinic services for the unborn child are limited to prenatal and postpartum care and/or the delivery of the unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Prescription drugs (Section 2110(a)(6)) Open formulary based on the Texas Medicaid Program open formulary. Covered, unlimited medically necessary prescription drugs include non-experimental, FDA-approved physician-prescribed drugs that are prescribed for the medical treatment of illness or injuries.
Exclusions include: contraceptive medications prescribed only for the purpose of primary and preventive reproductive health care, and medications for weight loss or gain. The state will require prior authorization for selected drugs. The state will also implement a preferred drug list (with provisions for medically necessary exceptions) and may establish a four-prescription limit on brand name drugs and a thirty-four day supply limit, if determined to be cost effective. Medically necessary exceptions will also apply to both of these limits.
CHIP Perinatal Program: • Covered medically necessary prescription and injection drugs
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are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.7. 6.2.8.
6.2.9. Over-the-counter medications (Section 2110(a)(7))
Laboratory and radiological services (Section 2110(a)(8)) Covered, unlimited, medically necessary laboratory and radiological services, and limitations and exclusions to laboratory and radiological services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary laboratory and radiological services for the unborn child are limited to services that directly relate to antepartum care and/or the delivery of the covered unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Cordocentesis, FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Laboratory tests for the unborn child are limited to: nonstress testing, contraction stress testing, hemoglobin or hematocrit, or complete blood count (CBC), urinanalysis, blood type and Rh antibody screen, rubella antibody titer, serology for syphilis, hepatitis B surface antigen, cervical cytology, pregnancy test, gonorrhea test, urine culture, sickle cell test, tuberculosis (TB) test, human immunodeficiency virus (HIV) antibody screen, Chlamydia test, other laboratory tests not specified but deemed medically necessary, and multiple marker screens for neural tube defects (if the client initiates care between 16 and 20 weeks). • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) Covered, unlimited prenatal care and medically necessary care related to diseases, illnesses, or abnormalities related to the reproductive
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system, and limitations and exclusions to these services are described under inpatient, outpatient, and physician services.
6.2.10. Primary and preventive health benefits do not include pre-pregnancy family reproductive services and supplies, or prescription medications prescribed only for the purpose of primary and preventive reproductive health care. CHIP Perinatal Program: • Prenatal care and prepregnancy family services and supplies are limited to an initial visit and subsequent prenatal (antepartum) care visits that include: one visit every four weeks for the first 28 weeks of pregnancy; one visit every two to three weeks from 28 to 36 weeks of pregnancy; and one visit per week from 36 weeks to delivery. More frequent visits are allowed as medically necessary. • Limit of 20 prenatal visits and two postpartum visits (maximum within 60 days) without documentation of a complication of pregnancy. More frequent visits may be necessary for high-risk pregnancies. High-risk obstetrical visits are not limited to 20 visits per pregnancy. Documentation supporting medical necessity must be maintained in the physician’s files and is subject to retrospective review. • Subsequent visits must include: interim history (problems, marital status, fetal status), physical examination (weight, blood pressure, fundal height, fetal position and size, fetal heart rate, extremities) and laboratory tests (urinanalysis for protein and glucose every visit; hematocrit or hemoglobin repeated once a trimester and at 32-36 weeks of pregnancy; multiple marker screen for fetal abnormalities offered at 16 to 20 weeks of pregnancy; repeat antibody screen for Rh negative women at 28 weeks followed by Rho immune globulin administration if indicated; screen for gestational diabetes at 24 to 28 weeks of pregnancy; and other lab tests as indicated by medical condition of client). • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Inpatient mental health services, other than services described in 6.2.18, but including services furnished in a state-operated facility and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10))
Covered, medically necessary inpatient mental health services include, but are not limited to, mental health services furnished in a
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free-standing psychiatric hospital, psychiatric units of general acute care hospitals and state-operated facilities, as well as neuropsychological and psychological testing.
When inpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
Prior authorization may be required for non-emergency inpatient mental health services; however, PCP referral is not required.
6.2.11. CHIP Perinatal Program: • Inpatient mental health services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated facility and including community-based services. (Section 2110(a)(11) Covered, medically necessary outpatient mental health services include, but are not limited to, mental health services provided on an outpatient basis, neuropsychological and psychological testing, medication management, rehabilitative day treatments, residential treatment services, sub-acute outpatient services (partial hospitalization or rehabilitative day treatment), and skills training (psycho-educational skills development).
When outpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
The visits can be furnished in a variety of community-based settings (including school and home-based settings) or in a state-operated facility.
Prior authorization may be required for outpatient mental health
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services; however, these services do not require PCP referral.
6.2.12. CHIP Perinatal Program: • Outpatient mental health benefits are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Durable medical equipment and other medically related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Covered services includes durable medical equipment (DME) (equipment which can withstand repeated use, and is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness, injury or disability, and is appropriate for use in the home), and other medically-related or remedial devices that are medically necessary and necessary for one or more activities of daily living, and appropriate to assist in the treatment of a medical condition. These devices include, but are not limited to: orthotic braces and orthotics; prosthetic devices such as artificial eyes, limbs and braces; prosthetic eyeglasses and contact lenses for the management of severe opthomological disease; hearing aids; other artificial aides including surgical implants.
DME and other medically related or remedial devices are for a 12- month coverage period. Limitations include: $20,000 per 12-month coverage period limit for DME, prosthetics, devices, and disposable medical supplies (implantable devices and diabetic supplies and equipment are not counted against this cap).
Exclusions include: Replacement or repair of prosthetic devices and DME due to misuse, abuse, or loss when confirmed by the member or the vendor; corrective orthopedic shoes; convenience items; diagnosis and treatment of flat feet; routine refractory services and glasses/contacts; and orthotics primarily used for athletic or recreational purposes.
The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • DME or other medically related remedial devices are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
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6.2.13.
6.2.14. Disposable medical supplies (Section 2110(a)(13)) Covered benefits include diagnosis-specific disposable medical supplies, including diagnosis-specific prescribed specialty formulas and dietary supplements. However, coverage is limited to formulas prescribed for chronic hereditary metabolic disorders, a non-function or disease of the structures that normally permit food to reach the small bowel; or malabsorption due to disease (expected to last longer than 60 days when prescribed by the physician and authorized by the Health Plan) are covered. Limitations and exclusions: Disposable medical supplies are included under the $20,000 limit per term of coverage Durable Medical Equipment cap; however, diabetic supplies and equipment are exempted from this cap. CHIP Perinatal Program • Disposable medical supplies are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Home and community-based health care services (See instructions) (Section 2110(a)(14)) Covered, medically necessary home and community-based health care services include, but are not limited to: Speech, physical, and occupational therapy; home infusion; respiratory therapy; skilled nursing visits as defined for home health purposes (may include R.N. or L.V.N.); home health aide services, when provided under the supervision of a R.N. and included as part of a plan of care during a period that skilled visits have been approved. Limitations and exclusions to home and community-based health care services are: Excludes custodial care that assists a child with the activities of daily living and does not require the continuing attention of trained medical or paramedical personnel; excludes services intended to replace the child's caretaker or to provide relief for the caretaker; skilled nursing visits are provided on an intermittent level and are not intended to provide 24-hour skilled nursing services; services are for blocks of time and are not intended to replace 24-hour inpatient or skilled nursing facility services; excludes housekeeping services; excludes public facility services and care for conditions that federal, state, or local law requires be provided in a public facility or care provided while in the custody of legal authorities; excludes services or supplies received from a nurse, which do not require the skill and training of a nurse.
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The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Home and community-based health care services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. 6.2.15. Nursing care services (See instructions) (Section 2110(a)(15)) Covered, unlimited medically necessary nursing care services include home visits for private duty nursing (R.N., L.V.N., block of time) The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Nursing care services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16)
6.2.17. Dental services (Section 2110(a)(17)) The state will provide dental coverage to children through one of the following (Section 2103(a)(5)):
6.2.17.1 State Dental Benefit Package. The State assures coverage of dental services from each of the following categories:
1. Diagnostic (must follow periodicity schedule); 2. Preventive (must follow periodicity schedule); 3. Restorative; 4. Endodontic; 5. Periodontic; 6. Prosthodontic; 7. Oral and Maxillofacial; 8. Orthodontics; and 9. Emergency Dental Services.
Covered services are subject to dental necessity requirements and include: oral evaluations, routine checkups, x-rays, cleanings, topical fluoride, sealants, space maintainers, fillings, crowns/caps,
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pulpotomy/pulpectomy, root canals, gingivectomy/gingivoplasty, periodontal scaling, debridement, dentures, extractions, surgical extractions, orthodontic services (limited to pre- and post-surgical orthodontic services to treat craniofacial anomalies requiring surgical intervention), and emergency dental services. The dental benefit covers up to $564 annually per CHIP member. Limitations to dental services are limited to a 12-month coverage period. Emergency dental services are not subject to the dental benefit limit and do not count toward a CHIP member’s benefit limit. Exceptions to the $564 annual benefit maximum are:
(1) the preventative services identified in the 2009 American Academy of Pediatric Dentistry periodicity schedule (Volume 32, Issue Number 6, at pp. 93-100); and
(2) other medically necessary services approved through a prior authorization process. These services must be necessary to allow a plan member to return to normal, pain and infection-free oral functioning. Typically this includes:
• Services related to the relief of significant pain or to eliminate acute infection; • Services related to treat traumatic clinical conditions; • Services that allow a patient to attain the basic human functions (e.g. eating, speech, etc.); and • Services that prevent a condition from seriously jeopardizing one’s health/functioning or deteriorating in an imminent timeframe to a more serious and costly dental problem.
CHIP Perinatal Program: • Dental services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. 6.2.17.1.1 Periodicity Schedule. Please select and include a description. Medicaid American Academy of Pediatric Dentistry recommendations for age appropriate dental care including but not limited to: clinical oral evaluations, cleanings and topical fluoride treatment, x-rays, caries-risk assessment, sealants,
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and treatment for dental disease and injury. Other Nationally recognized periodicity schedule: (Please Specify)
6.2.17.2. Benchmark coverage; (Section 2103(c)(5), 42 CFR 457.410 and 42 CFR 457.420) States must, in accordance with 42 CFR 457.410, provide coverage for dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions if these services are not provided in the chosen benchmark package.
6.2.17.3. FEHBP-equivalent coverage; (Section 2103(c)(5)(C)(i)) (If checked, attach a copy of the dental supplemental plan benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.4. State employee coverage; (Section 2103(c)(5)(C)(ii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.5. HMO with largest insured commercial enrollment (Section 2103(c)(5)(C)(iii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.18. Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Covered, medically necessary services include, but are not limited to: inpatient and residential substance abuse treatment services including detoxification and crisis stabilization, and 24-hour residential rehabilitation programs.
Prior authorization may be required for nonemergency services; however, PCP referral is not required.
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6.2.19.
6.2.20. CHIP Perinatal Program: • Inpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient substance abuse treatment services (Section 2110(a)(19)) Medically necessary outpatient substance abuse treatment services include, but are not limited to, prevention and intervention services that are provided by physician and non-physician providers, such as screening, assessment, and referral for chemical dependency disorders; intensive outpatient services; and partial hospitalization. Intensive outpatient services is defined as an organized non- residential service providing structured group and individual therapy, educational services, and life skills training which consists of at least 10 hours per week for four to 12 weeks, but less than 24 hours per day. Outpatient treatment services is defined as consisting of at least one to two hours per week providing structured group and individual therapy, educational services, and life skills training.
These services do not require a PCP referral, but prior authorization may be required. CHIP Perinatal Program: • Outpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Case management services (Section 2110(a)(20)) Medically necessary case management services above and beyond those normally provided to all members are covered for Children with Complex Special Health Care Needs. These covered services include outreach, informing, intensive case management, care coordination and community referral. State-certified Community Health Workers, also known as promotora(s), are utilized in target areas to focus education to under- served populations. The program aims to bridge social, economic and cultural gaps to provide information about effective utilization of CHIP and preventive care to enrolled families. Delivery of Community Health Worker training and services are designed to improve preventive care in CHIP.
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6.2.21.
6.2.22.
6.2.23.
CHIP Perinatal Program: • Case management services are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Care coordination services (Section 2110(a)(21))
CHIP Perinatal Program: • Care coordination services are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22)) Covered, medically necessary habilitation (the process of supplying a child with the means to reach age-appropriate developmental milestones through therapy or treatment) and rehabilitation services include, but are not limited to physical, occupational, and speech therapy and developmental assessment.
Reimbursement for school-based services is not covered, except for therapy services ordered by the PCP. The health plan may require authorization and physician prescription. CHIP Perinatal Program: • Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Hospice Care (Section 2110 (a) (23)) Covered, medically necessary hospice services include, but are not limited to, palliative care, including medical and support services, for those children who have six months or less to live, to keep patients comfortable during the last weeks and months before death. Treatment for unrelated conditions is unaffected.
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Hospice care services are for a six-month coverage period. Limitations include: Services apply only to the hospice diagnosis; limited to a maximum of 120 days with a six-month life expectancy; and, patients electing hospice may cancel this election at any time.
The health plan may require authorization and physician prescription.
6.2.24. CHIP Perinatal Program: • Hospice care is not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Skilled Nursing Facility (including Rehabilitation Hospital) Services Covered, medically necessary skilled nursing facility and rehabilitation hospital services include, but are not limited to, semi- private room and board; regular nursing services; rehabilitation services; and medical supplies and use of appliances and equipment furnished by the facility. Skilled nursing facility services are for a 12- month coverage period. Coverage is limited to 60 days per 12-month coverage period. Private duty nurses, television and custodial care are excluded. The health plan may require authorization and physician prescription.
CHIP Perinatal Program: • Skilled nursing facility and rehabilitation hospital services are not covered a benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Emergency Services including Emergency Hospitals and Physician Covered, medically necessary services include: emergency services based on prudent layperson definition of emergency health condition; hospital emergency department room and ancillary services and physician services 24 hours a day, seven days a week, both by in-network and out-of-network providers; medical screening examination; stabilization services; emergency dental coverage for a dislocated jaw, traumatic damage to teeth, removal of cysts, and treatment of oral abscess of tooth or gum origin; and access to designated Level I and Level II trauma centers or hospitals meeting equivalent levels of care for emergency services. The health plan cannot require authorization as a condition for
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payment for emergency conditions or labor and delivery; however, the health plan may require authorization for post-stabilization services.
CHIP Perinatal Program: • Covered, medically necessary emergency services for the unborn child are limited to those emergency services that directly relate to the delivery of the unborn child until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. • Post-delivery services or complications resulting in the need for emergency services for the mother of the CHIP Perinatal newborn are not a covered benefit.
Vision Services Covered, medically necessary services include: one examination of the eyes to determine the need for, and prescription for, corrective lenses per 12-month coverage period, without health plan authorization; and one pair of non-prosthetic eyewear per 12-month coverage period. Vision services are for a 12-month coverage period. The health plan may reasonably limit the cost of frames/lenses. The health plan may require authorization for protective and polycarbonate lenses when medically necessary as part of a treatment plan for covered diseases of the eye. Vision training and vision therapy are excluded.
CHIP Perinatal Program: • Vision services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Transplant Services Using up-to-date FDA guidelines, all non-experimental human organ and tissue transplants and all forms of non-experimental corneal, bone marrow and peripheral stem cell transplants, including donor medical expenses are covered, if medically necessary. Donor non-medical expenses are not covered. The health plan may require prior authorization.
CHIP Perinatal Program: • Transplant services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
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Tobacco Cessation Programs A health plan-approved tobacco cessation program is covered up to a $100 limit per 12-month coverage period. Tobacco cessation program services are for a 12-month coverage period. The health plan may require prior authorization and use of a formulary.
CHIP Perinatal Program: • Tobacco cessation programs are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Chiropractic Services Medically necessary services are limited to spinal sublaxation. Chiropractic services do not require physician prescription and are for a 12-month coverage period. These services are limited to 12 visits per 12-month coverage period (regardless of number of services or modalities provided in one visit). The health plan may require authorization for additional visits.
6.2.25. 6.2.26.
6.2.27.
6.2.28. CHIP Perinatal Program: • Chiropractic services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Premiums for private health care insurance coverage (Section 2110(a)(25))
Medical transportation (Section 2110(a)(26)) Emergency ground, air, or water transportation is a covered service.
CHIP Perinatal Program: • Medical transportation is not a covered benefit for the unborn child. • Ambulance services for labor and threatened labor are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Enabling services (such as transportation, translation, and outreach services (See instructions) (Section 2110(a)(27))
Any other health care services or items specified by the Secretary and not included under this section (Section 2110(a)(28))
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Effective March 11, 2021 and through the last day of the first calendar quarter that begins one year after the last day of the COVID-19 emergency period described in section 1135(g)(1)(B) of the Act, and for all populations covered in the CHIP state child health plan:
COVID-19 Vaccine: • The state provides coverage of COVID-19 vaccines and their administration, in accordance with the requirements of section 2103(c)(11)(A) of the Act.
COVID-19 Testing: • The state provides coverage of COVID-19 testing, in accordance with the requirements of section 2103(c)(11)(B) of the Act. • The state assures that coverage of COVID-19 testing is consistent with the Centers for Disease Control and Prevention (CDC) definitions of diagnostic and screening testing for COVID-19 and its recommendations for who should receive diagnostic and screening tests for COVID-19. • The state assures that coverage includes all types of FDA authorized COVID-19 tests.
COVID-19 Treatment: • The state assures that the following coverage of treatments for COVID-19 are provided without amount, duration, or scope limitations, in accordance with requirements of section 2103(c)(11)(B) of the Act: o The state provides coverage of treatments for COVID-19 including specialized equipment and therapies (including preventive therapies); o The state provides coverage of any non-pharmacological item or service described in section 2110(a) of the Act, that is medically necessary for treatment of COVID-19; and o The state provides coverage of any drug or biological that is approved (or licensed) by the U.S. Food & Drug Administration (FDA) or authorized by the FDA under an Emergency Use Authorization (EUA) to treat or prevent COVID-19, consistent with the applicable authorizations. Coverage for a Condition That May Seriously Complicate the Treatment of COVID- 19: • The state provides coverage for treatment of a condition that may seriously complicate COVID-19 treatment without amount, duration, or scope limitations, during the period when a beneficiary is diagnosed with or is presumed to have COVID-19, in accordance with the requirements of section 2103(c)(11)(B) of the Act.
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6.3 The state assures that, with respect to pre-existing medical conditions, one of the following two statements applies to its plan: (42CFR 457.480)
6.3.1. The state shall not permit the imposition of any pre-existing medical condition exclusion for covered services (Section 2102(b)(1)(B)(ii)); OR
6.3.2. The state contracts with a group health plan or group health insurance coverage, or contracts with a group health plan to provide family coverage under a waiver (see Section 6.4.2. of the template). Pre- existing medical conditions are permitted to the extent allowed by HIPAA/ERISA (Section 2103(f)). Please describe: Previously 8.6
6.4 Additional Purchase Options. If the state wishes to provide services under the plan through cost effective alternatives or the purchase of family coverage, it must request the appropriate option. To be approved, the state must address the following: (Section 2105(c)(2) and (3)) (42 CFR 457.1005 and 457.1010)
6.4.1. Cost Effective Coverage. Payment may be made to a state in excess of the 10% on use of funds for payments for: 1) other child health assistance for targeted low-income children; 2) expenditures for health services initiatives under the plan for improving the health of children (including targeted low-income children and other low-income children); 3) expenditures for outreach activities as provided in section 2102(c)(1) under the plan; and 4) other reasonable costs incurred by the state to administer the plan, if it demonstrates the following (42CFR 457.1005(a)):
6.4.1.1. Coverage provided to targeted low-income children through such expenditures must meet the coverage requirements above; Describe the coverage provided by the alternative delivery system. The state may cross reference section 6.2.1 - 6.2.28. (Section 2105(c)(2)(B)(i)) (42CFR 457.1005(b))
6.4.1.2. The cost of such coverage must not be greater, on an average per child basis, than the cost of coverage that would otherwise be provided for the coverage described above. Describe the cost of such coverage on an average per child basis. (Section 2105(c)(2)(B)(ii)) (42CFR 457.1005(b))
6.4.1.3. The coverage must be provided through the use of a community-based health delivery system, such as through contracts with health centers receiving funds under section 330 of the Public Health Service Act or with hospitals such as those that receive disproportionate share payment adjustments under section 1886(c)(5)(F) or 1923 of the Social Security
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Act. Describe the community-based delivery system. (Section 2105(c)(2)(B)(iii)) (42CFR 457.1005(a))
6.4.2. Purchase of Family Coverage. Describe the plan to purchase family coverage. Payment may be made to a state for the purpose of family coverage under a group health plan or health insurance coverage that includes coverage of targeted low-income children, if it demonstrates the following: (Section 2105(c)(3)) (42CFR 457.1010)
6.4.2.1. Purchase of family coverage is cost-effective relative to the amounts that the state would have paid to obtain comparable coverage only of the targeted low-income children involved; and (Describe the associated costs for purchasing the family coverage relative to the coverage for the low income children.) (Section 2105(c)(3)(A)) (42CFR 457.1010(a))
6.4.2.2. The state assures that the family coverage would not otherwise substitute for health insurance coverage that would be provided to such children but for the purchase of family coverage. (Section 2105(c)(3)(B)) (42CFR 457.1010(b))
6.4.2.3. The state assures that the coverage for the family otherwise meets title XXI requirements. (42CFR 457.1010(c))
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6.2- MHPAEA Section 2103(c)(6)(A) of the Social Security Act requires that, to the extent that it provides both medical/surgical benefits and mental health or substance use disorder benefits, a State child health plan ensures that financial requirements and treatment limitations applicable to mental health and substance use disorder benefits comply with the mental health parity requirements of section 2705(a) of the Public Health Service Act in the same manner that such requirements apply to a group health plan. If the state child health plan provides for delivery of services through a managed care arrangement, this requirement applies to both the state and managed care plans. These requirements are also applicable to any additional benefits provided voluntarily to the child health plan population by managed care entities and will be considered as part of CMS’s contract review process at 42 CFR 457.1201(l).
6.2.1- MHPAEA Before completing a parity analysis, the State must determine whether each covered benefit is a medical/surgical, mental health, or substance use disorder benefit based on a standard that is consistent with state and federal law and generally recognized independent standards of medical practice. (42 CFR 457.496(f)(1)(i))
6.2.1.1- MHPAEA Please choose the standard(s) the state uses to determine whether a covered benefit is a medical/surgical benefit, mental health benefit, or substance use disorder benefit. The most current version of the standard elected must be used. If different standards are used for different benefit types, please specify the benefit type(s) to which each standard is applied. If “Other” is selected, please provide a description of that standard.
International Classification of Disease (ICD)
Diagnostic and Statistical Manual of Mental Disorders (DSM) State guidelines (Describe: ) Other (Describe: ) 6.2.1.2- MHPAEA Does the State provide mental health and/or substance use disorder benefits?
Yes No
Guidance: If the State does not provide any mental health or substance use disorder benefits, the mental health parity requirements do not apply ((42 CFR 457.496(f)(1)). Continue on to Section 6.3.
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6.2.2- MHPAEA Section 2103(c)(6)(B) of the Social Security Act (the Act) provides that to the extent a State child health plan includes coverage of early and periodic screening, diagnostic, and treatment services (EPSDT) defined in section 1905(r) of the Act and provided in accordance with section 1902(a)(43) of the Act, the plan shall be deemed to satisfy the parity requirements of section 2103(c)(6)(A) of the Act.
6.2.2.1- MHPAEA Does the State child health plan provide coverage of EPSDT? The State must provide for coverage of EPSDT benefits, consistent with Medicaid statutory requirements, as indicated in section 6.2.26 of the State child health plan in order to answer “yes.”
Yes No Guidance: If the State child health plan does not provide EPSDT consistent with Medicaid statutory requirements at sections 1902(a)(43) and 1905(r) of the Act, please go to Section 6.2.3- MHPAEA to complete the required parity analysis of the State child health plan.
If the state does provide EPSDT benefits consistent with Medicaid requirements, please continue this section to demonstrate compliance with the statutory requirements of section 2103(c)(6)(B) of the Act and the mental health parity regulations of 42 CFR 457.496(b) related to deemed compliance. Please provide supporting documentation, such as contract language, provider manuals, and/or member handbooks describing the state’s provision of EPSDT.
6.2.2.2- MHPAEA EPSDT benefits are provided to the following:
All children covered under the State child health plan. A subset of children covered under the State child health plan. Please describe the different populations (if applicable) covered under the State child health plan that are provided EPSDT benefits consistent with Medicaid statutory requirements. Guidance: If only a subset of children are provided EPSDT benefits under the State child health plan, 42 CFR 457.496(b)(3) limits deemed compliance to those children only and Section 6.2.3- MHPAEA must be completed as well as the required parity analysis for the other children. 6.2.2.3- MHPAEA To be deemed compliant with the MHPAEA parity requirements, States must provide EPSDT in accordance with sections 1902(a)(43) and 1905(r) of the Act (42 CFR 457.496(b)). The State assures each of the following for children eligible for EPSDT under the separate State child health plan:
All screening services, including screenings for mental health and substance use disorder conditions, are provided at intervals that align with a periodicity schedule that meets reasonable standards of medical or dental practice as well as when medically necessary to determine the existence of suspected illness or conditions. (Section 1905(r))
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All diagnostic services described in 1905(a) of the Act are provided as needed to diagnose suspected conditions or illnesses discovered through screening services, whether or not those services are covered under the Medicaid state plan. (Section 1905(r))
All items and services described in section 1905(a) of the Act are provided when needed to correct or ameliorate a defect or any physical or mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the Medicaid State plan. (Section 1905(r)(5))
Treatment limitations applied to services provided under the EPSDT benefit are not limited based on a monetary cap or budgetary constraints and may be exceeded as medically necessary to correct or ameliorate a medical or physical condition or illness. (Section 1905(r)(5))
Non-quantitative treatment limitations, such as definitions of medical necessity or criteria for medical necessity, are applied in an individualized manner that does not preclude coverage of any items or services necessary to correct or ameliorate any medical or physical condition or illness. (Section 1905(r)(5))
EPSDT benefits are not excluded on the basis of any condition, disorder, or diagnosis. (Section 1905(r)(5))
The provision of all requested EPSDT screening services, as well as any corrective treatments needed based on those screening services, are provided or arranged for as necessary. (Section 1902(a)(43)) All families with children eligible for the EPSDT benefit under the separate State child health plan are provided information and informed about the full range of services available to them. (Section 1902(a)(43)(A)) Guidance: For states seeking deemed compliance for their entire State child health plan population, please continue to Section 6.3. If not all of the covered populations are offered EPSDT, the State must conduct a parity analysis of the benefit packages provided to those populations. Please continue to 6.2.3- MHPAEA.
Mental Health Parity Analysis Requirements for States Not Providing EPSDT to All Covered Populations
Guidance: The State must complete a parity analysis for each population under the State child health plan that is not provided the EPSDT benefit consistent with the requirements 42 CFR 457.496(b). If the State provides benefits or limitations that vary within the child or pregnant woman populations, states should perform a parity analysis for each of the benefit packages. For example, if different financial
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requirements are applied according to a beneficiary’s income, a separate parity analysis is needed for the benefit package provided at each income level.
Please ensure that changes made to benefit limitations under the State child health plan as a result of the parity analysis are also made in Section 6.2.
6.2.3- MHPAEA In order to conduct the parity analysis, the State must place all medical/surgical and mental health and substance use disorder benefits covered under the State child health plan into one of four classifications: Inpatient, outpatient, emergency care, and prescription drugs. (42 CFR 457.496(d)(2)(ii); 42 CFR 457.496(d)(3)(ii)(B))
To determine which benefits belonged in each of the classifications, or whether it belonged in more than one classification, Texas considered how the benefit would be claimed and the setting(s) in which the benefit would be delivered. Some benefits, because they can be delivered in multiple settings, were placed in more than one classification. Texas used the CHIP benefits detailed in state managed care contracts, which list out the benefit categories CHIP MCOs must provide, to guide the classification process. For example, benefits were placed in the inpatient classification if the managed care contracts explicitly identified the benefit as an inpatient benefit. The inpatient services are those known to be delivered in an inpatient setting (such as a hospital), billed on an inpatient claim, or billed as a diagnosis‐related group.
Outpatient benefits are those that are specifically identified as outpatient in the managed care contracts, billed using an outpatient claim, or known to be delivered in an outpatient setting such as an office or home. Emergency services represent services delivered in an emergency department, emergency ambulance transport, or psychiatric crisis stabilization services.
The pharmacy classification consists of all prescription drugs available through a CHIP‐enrolled pharmacy and included on the Texas Drug Code Index 9 (the state-administered formulary). Clinician‐administered drugs, because they are delivered in an outpatient setting, were classified as outpatient benefits. In the CHIP benefit package, the state’s CHIP program provides both mental health and substance use disorder (MH/SUD) benefits and medical/surgical in all four classifications.
6.2.3.1 MHPAEA Please describe below the standard(s) used to place covered benefits into one of the four classifications.
6.2.3.1.1 MHPAEA The State assures that:
The State has classified all benefits covered under the State plan into one of the four classifications. The same reasonable standards are used for determining the classification for a mental health or substance use disorder benefit as are used for determining the classification of medical/surgical benefits. 6.2.3.1.2- MHPAEA Does the State use sub-classifications to distinguish between office visits and other outpatient services?
Yes
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No
6.2.3.1.2.1- MHPAEA If the State uses sub-classifications to distinguish between outpatient office visits and other outpatient services, the State assures the following:
The sub-classifications are only used to distinguish office visits from other outpatient items and services, and are not used to distinguish between similar services on other bases (ex: generalist vs. specialist visits). Guidance: For purposes of this section, any reference to “classification(s)” includes sub-classification(s) in states using sub-classifications to distinguish between outpatient office visits from other outpatient services.
6.2.3.2 MHPAEA The State assures that:
Mental health/ substance use disorder benefits are provided in all classifications in which medical/surgical benefits are provided under the State child health plan. Guidance: States are not required to cover mental health or substance use disorder benefits (42 CFR 457.496(f)(2)). However if a state does provide any mental health or substance use disorder benefits, those mental health or substance use disorder benefits must be provided in all the same classifications in which medical/surgical benefits are covered under the State child health plan (42 CFR 457.496(d)(2)(ii).
Annual and Aggregate Lifetime Dollar Limits
6.2.4- MHPAEA A State that provides both medical/surgical benefits and mental health and/or substance use disorder benefits must comply with parity requirements related to annual and aggregate lifetime dollar limits for benefits covered under the State child health plan. (42 CFR 457.496(c))
6.2.4.1- MHPAEA Please indicate whether the State applies an aggregate lifetime dollar limit and/or an annual dollar limit on any mental health or substance abuse disorder benefits covered under the State child health plan.
Aggregate lifetime dollar limit is applied Aggregate annual dollar limit is applied No dollar limit is applied Guidance: A monetary coverage limit that applies to all CHIP services provided under the State child health plan is not subject to parity requirements.
If there are no aggregate lifetime or annual dollar limits on any mental health or substance use disorder benefits, please go to section 6.2.5- MHPAEA.
6.2.4.2- MHPAEA Are there any medical/surgical benefits covered under the State child health plan that
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have either an aggregate lifetime dollar limit or an annual dollar limit? If yes, please specify what type of limits apply.
Yes (Type(s) of limit: There is a $20,000 annual dollar limit (12-month limit) for durable medical equipment, prosthetic devices, and disposable medical supplies (diabetic supplies and equipment are not counted against this cap). Tobacco cessation is covered up to $100 for a 12-month period limit for a health-plan approved program. No Guidance: If no aggregate lifetime dollar limit is applied to medical/ surgical benefits, the State may not impose an aggregate lifetime dollar limit on any mental health or substance use disorder benefits. If no aggregate annual dollar limit is applied to medical/surgical benefits, the State may not impose an aggregate annual dollar limit on any mental health or substance use disorder benefits. (42 CFR 457.496(c)(1))
6.2.4.3 – MHPAEA. States applying an aggregate lifetime or annual dollar limit on medical/surgical benefits and mental health or substance use disorder benefits must determine whether the portion of the medical/surgical benefits to which the limit applies is less than one-third, at least one-third but less than two-thirds, or at least two-thirds of all medical/surgical benefits covered under the State plan (42 CFR 457.496(c)). The portion of medical/surgical benefits subject to the limit is based on the dollar amount expected to be paid for all medical/surgical benefits under the State plan for the State plan year or portion of the plan year after a change in benefits that affects the applicability of the aggregate lifetime or annual dollar limits. (42 CFR 457.496(c)(3))
The State assures that it has developed a reasonable methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit, as applicable. Texas does not have an aggregate lifetime or annual dollar limit on mental health or substance use disorder benefits. Guidance: Please include the state’s methodology to calculate the portion of covered medical/surgical benefits which are subject to the aggregate lifetime and/or annual dollar limit and the results as an attachment to the State child health plan.
6.2.4.3.1- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits covered under the State plan which are subject to a lifetime dollar limit:
Less than 1/3 At least 1/3 and less than 2/3 At least 2/3
6.2.4.3.2- MHPAEA Please indicate the portion of the total costs for medical and surgical benefits
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covered under the State plan which are subject to an annual dollar limit:
Less than 1/3 At least 1/3 and less than 2/3 At least 2/3
Guidance: If an aggregate lifetime limit is applied to less than one-third of all medical/surgical benefits, the State may not impose an aggregate lifetime limit on any mental health or substance use disorder benefits. If an annual dollar limit is applied to less than one-third of all medical surgical benefits, the State may not impose an annual dollar limit on any mental health or substance use disorder benefits (42 CFR 457.496(c)(1)). Skip to section 6.2.5-MHPAEA.
If the State applies an aggregate lifetime or annual dollar limit to at least one-third of all medical/surgical benefits, please continue below to provide the assurances related to the determination of the portion of total costs for medical/surgical benefits that are subject to either an annual or lifetime limit.
6.2.4.3.2.1- MHPAEA If the State applies an aggregate lifetime or annual dollar limit to at least 1/3 and less than 2/3 of all medical/surgical benefits, the State assures the following (42 CFR 457.496(c)(4)(i)(B)); (42 CFR 457.496(c)(4)(ii)):
The State applies an aggregate lifetime or annual dollar limit on mental health or substance use disorder benefits that is no more restrictive than an average limit calculated for medical/surgical benefits. Guidance: The state’s methodology for calculating the average limit for medical/surgical benefits must be consistent with 42 CFR 457.496(c)(4)(i)(B) and 42 CFR 457.496(c)(4)(ii). Please include the state’s methodology and results as an attachment to the State child health plan.
6.2.4.3.2.2- MHPAEA If at least 2/3 of all medical/surgical benefits are subject to an annual or lifetime limit, the State assures either of the following (42 CFR 457.496(c)(2)(i)); (42 CFR 457.496(c)(2)(ii)):
The aggregate lifetime or annual dollar limit is applied to both medical/surgical benefits and mental health and substance use disorder benefits in a manner that does not distinguish between medical/surgical benefits and mental health and substance use disorder benefits; or The aggregate lifetime or annual dollar limit placed on mental health and substance use disorder benefits is no more restrictive than the aggregate lifetime or annual dollar limit on medical/surgical benefits.
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Quantitative Treatment Limitations
6.2.5- MHPAEA Does the State apply quantitative treatment limitations (QTLs) on any mental health or substance use disorder benefits in any classification of benefits? If yes, specify the classification(s) of benefits in which the State applies one or more QTLs on any mental health or substance use disorder benefits. Yes No Guidance: If the state does not apply any type of QTLs on any mental health or substance use disorder benefits in any classification, the state meets parity requirements for QTLs and should continue to Section 6.2.6 - MHPAEA. If the state does apply QTLs to any mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue.
6.2.5.1- MHPAEA Does the State apply any type of QTL on any medical/surgical benefits?
Yes No
Guidance: If the State does not apply QTLs on any medical/surgical benefits, the State may not impose quantitative treatment limitations on mental health or substance use disorder benefits, please go to Section 6.2.6- MHPAEA related to non-quantitative treatment limitations.
6.2.5.2- MHPAEA Within each classification of benefits in which the State applies a type of QTL on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the classification which are subject to the limitation. More specifically, the State must determine the ratio of (a) the dollar amount of all payments expected to be paid under the State plan for medical and surgical benefits within a classification which are subject to the type of quantitative treatment limitation for the plan year (or portion of the plan year after a mid-year change affecting the applicability of a type of quantitative treatment limitation to any medical/surgical benefits in the class) to (b) the dollar amount expected to be paid for all medical and surgical benefits within the classification for the plan year. For purposes of this paragraph, all payments expected to be paid under the State plan includes payments expected to be made directly by the State and payments which are expected to be made by MCEs contracting with the State. (42 CFR 457.496(d)(3)(i)(C))
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above for each classification within which the State applies QTLs to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E)) Guidance: Please include the state’s methodology and results as an attachment to the State child health plan.
6.2.5.3- MHPAEA For each type of QTL applied to any mental health or substance use disorder
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benefits within a given classification, does the State apply the same type of QTL to “substantially all” (defined as at least two-thirds) of the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes No The State does not apply any QTL to any MH/SUD benefit.
Guidance: If the State does not apply a type of QTL to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose that type of QTL on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
6.2.5.3.1- MHPAEA For each type of QTL applied to mental health or substance use disorder benefits, the State must determine the predominant level of that type which is applied to medical/surgical benefits in the classification. The “predominant level” of a type of QTL in a classification is the level (or least restrictive of a combination of levels) that applies to more than one-half of the medical/surgical benefits in that classification, as described in 42 CFR 457.496(d)(3)(i)(B). The portion of medical/surgical benefits in a classification to which a given level of a QTL type is applied is based on the dollar amount of payments expected to be paid for medical/surgical benefits subject to that level as compared to all medical/surgical benefits in the classification, as described in 42 CFR 457.496(d)(3)(i)(C). For each type of quantitative treatment limitation applied to mental health or substance use disorder benefits, the State assures:
The same reasonable methodology applied in determining the dollar amounts used to determine whether substantially all medical/surgical benefits within a classification are subject to a type of quantitative treatment limitation also is applied in determining the dollar amounts used to determine the predominant level of a type of quantitative treatment limitation applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E)) The level of each type of quantitative treatment limitation applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i))
Guidance: If there is no single level of a type of QTL that exceeds the one-half threshold, the State may combine levels within a type of QTL such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
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Non-Quantitative Treatment Limitations
6.2.6- MHPAEA The State may utilize non-quantitative treatment limitations (NQTLs) for mental health or substance use disorder benefits, but the State must ensure that those NQTLs comply with all the mental health parity requirements. (42 CFR 457.496(d)(4)); (42 CFR 457.496(d)(5)) 6.2.6.1 – MHPAEA If the State imposes any NQTLs, complete this subsection. If the State does not impose NQTLs, please go to Section 6.2.7-MHPAEA.
The State assures that the processes, strategies, evidentiary standards or other factors used in the application of any NQTL to mental health or substance use disorder benefits are no more stringent than the processes, strategies, evidentiary standards or other factors used in the application of NQTLs to medical/surgical benefits within the same classification. Guidance: Examples of NQTLs include medical management standards to limit or exclude benefits based on medical necessity, restrictions based on geographic location, provider specialty, or other criteria to limit the scope or duration of benefits and provider network design (ex: preferred providers vs. participating providers). Additional examples of possible NQTLs are provided in 42 CFR 457.496(d)(4)(ii). States will need to provide a summary of its NQTL analysis, as well as supporting documentation as requested.
6.2.6.2 – MHPAEA The State or MCE contracting with the State must comply with parity if they provide coverage of medical or surgical benefits furnished by out-of-network providers.
6.2.6.2.1- MHPAEA Does the State or MCE contracting with the State provide coverage of medical or surgical benefits provided by out-of-network providers?
Yes No Guidance: The State can answer no if the State or MCE only provides out of network services in specific circumstances, such as emergency care, or when the network is unable to provide a necessary service covered under the contract.
6.2.6.2.2- MHPAEA If yes, the State must provide access to out-of-network providers for mental health or substance use disorder benefits. Please assure the following:
The State attests that when determining access to out-of-network providers within a benefit classification, the processes, strategies, evidentiary standards, or other factors used to determine access to those providers for mental health/ substance use disorder benefits are comparable to and applied no more stringently than the processes, strategies, evidentiary standards or other factors used to determine access for out- of-network providers for medical/surgical benefits.
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Availability of Plan Information
6.2.7- MHPAEA The State must provide beneficiaries, potential enrollees, and providers with information related to medical necessity criteria and denials of payment or reimbursement for mental health or substance use disorder services (42 CFR 457.496(e)) in addition to existing notice requirements at 42 CFR 457.1180.
6.2.7.1- MHPAEA Medical necessity criteria determinations must be made available to any current or potential enrollee or contracting provider, upon request. The state attests that the following entities provide this information:
State Managed Care entities Both Other
Guidance: If other is selected, please specify the entity. 6.2.7.2- MHPAEA Reason for any denial for reimbursement or payment for mental health or substance use disorder benefits must be made available to the enrollee by the health plan or the State. The state attests that the following entities provide denial information:
State Managed Care entities Both
Other
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Section 7. Quality and Appropriateness of Care
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 8.
7.1. Describe the methods (including external and internal monitoring) used to assure the quality and appropriateness of care, particularly with respect to well-baby care, well- child care, and immunizations provided under the plan. (2102(a)(7)(A)) (42CFR 457.495(a))
The state has used numerous methods to assure that CHIP beneficiaries receive quality services that are appropriate to their needs. These methods include the following:
• Requirement that health plans submit patient-level encounter data to the CHIP External Quality Review Organization (EQRO). The data is analyzed using HEDIS and other benchmarks to assess the provision of well-baby, well-child and immunization services.
• Assess health plan delivery of child health services through comprehensive surveys of the enrolled CHIP population.
• Requirement that HMOs and EPOs develop and maintain quality assurance and quality improvement programs.
• Verification that the HMOs and EPO have sufficient network providers and procedures to ensure that children have access to routine, urgent, and emergency services; telephone appointments; and advice and member service lines.
• Restrictions on physician incentive plans.
• Requirement that HMOs and EPOs provide training to providers on a number of topics including the special needs of CHIP Phase II clients.
• Requirement that HMOs and EPOs have health education and wellness promotion programs.
• Requirement that HMOs and EPOs maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
• Requirement that HMOs and EPOs develop, implement and maintain a member complaint system.
• Requirement that HMOs and EPOs send notice to CHIP beneficiaries on the HMO’s appeals process for services that are denied, delayed, reduced or terminated.
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• Access to a grievance process to appeal an HMO or EPO action.
In addition to internal monitoring processes, an external quality monitor is used to evaluate quality assurance activities described above for the HMO and EPO models.
To ensure children receive proper well-baby and well-child care and immunizations, HMO and any EPO providers are required to do the following:
• Provide children with well-baby and well-child care and immunizations according to the American Academy of Pediatrics or DSHS periodicity schedule for children. Provide well-child care and immunizations to all children except when the family refuses services after being provided accurate and complete information about services.
• Ensure that families are provided information and education materials about well-child care and immunizations, especially the importance of well-child checkups, and about how and when to obtain the services.
• Provide training to network providers and provider staff about well-child care and immunizations.
Will the state utilize any of the following tools to assure quality? (Check all that apply and describe the activities for any categories utilized.)
7.1.1. Quality standards Health Plans are encouraged to follow QISMC guidelines and other standards established by the state in the development and maintenance of their Quality Improvement Programs.
7.1.2. Performance measurement Texas is using a variety of performance measures to assess program quality, including pediatric HEDIS measures, ambulatory care sensitive conditions, case-mix adjusted actual versus expected experience rankings, and consumer survey results (including results from the Consumer Assessment of Health Plans Study (CAHPS)).
7.1.3. Information strategies The EQRO produces reports for analysis which focus on the review and assessment of quality of care given by CHIP health plans, detection of over and under-utilization, and other user-defined reporting criteria and standards.
7.1.4. Quality improvement strategies
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The state requires all CHIP Health Plans to develop and maintain a Quality Improvement Program (QIP) system that complies with federal regulations relating to Quality Assurance systems, and state insurance department regulations. Each Health Plan QIP must be approved by the state. Health Plans must conduct focused health studies in areas established by the state. All aspects of the health plans QIP will be monitored by the state. The state will also perform ongoing medical record reviews, and retrospective medical record reviews for health plans.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495)
As a means of measuring accessibility, the state has established standard ratios of full-time equivalent PCPs to CHIP beneficiaries and full-time board certified/board eligible pediatricians to CHIP beneficiaries.
Network managers are required to ensure that primary care providers (PCP) are located no more than 30 miles from any member, unless approved by the state. Members are generally not required to travel in excess of 75 miles to secure initial contact with referral specialists; special hospitals, psychiatric hospitals; diagnostic and therapeutic services; and single service health care physicians or providers except when approved by the state. Networks must include pediatricians and physicians with pediatric experience that is adequate to provide eligible children and adolescents with the full scope of benefits.
Network managers are required to demonstrate their ability to monitor network capacity and member access to needed services throughout the geographic service area in order to maintain the adequacy of the network. Managers need to maintain systems for monitoring patient load so that they can effectively plan for future needs and recruit providers as necessary to assure adequate access to primary care and specialty care. Health plan are also required to routinely monitor and ensure the after-hours availability and accessibility of PCPs.
The state requires that networks provide access to urgent care within 24 hours of request and routine care within 2 weeks of request. The state also requires that networks provide medically necessary emergency services 24 hours a day, seven days a week, either by access to the PCP or after-hours coverage through the Health Plan’s network facilities, or through reimbursement of out-of-network providers.
Networks are required to maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
The state tracks network utilization controls and will monitor inpatient admissions, emergency room use, ancillary, and out-of-area services for CHIP network clients.
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7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a)) SEE 7.1 7.2.2 Access to covered services, including emergency services as defined in 42 CFR §457.10. (Section 2102(a)(7)) (42CFR 457.495(b)) SEE 7.2
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The state monitors the status of children with special health care needs through quarterly reviews of encounter data and periodic surveys of the CHIP families. When deficiencies are identified, among particular plans, corrective action plans are implemented.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
The state assures decisions related to the prior authorization of health services are completed in accordance with state law by reviewing quarterly member and provider complaint reports, conducting spot audits and completing, with the state's EQRO, a periodic Quality of Care Survey of members.
CHIP health plans are subject to state commercial insurance statutes and regulations regarding utilization review, which contain requirements as stringent as federal provisions.
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Section 8. Cost-sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42 CFR 457.505) Indicate if this also applies for pregnant women. (CHIPRA #2, SHO # 09-006, issued May 11, 2009)
8.1.1.
Yes 8.1.2.
No, skip to question 8.8.
8.1.1-PW
Yes 8.1.2-PW
No, skip to question 8.8.
Guidance: It is important to note that for families below 150 percent of poverty, the same limitations on cost sharing that are under the Medicaid program apply. (These cost-sharing limitations have been set forth in Section 1916 of the Social Security Act, as implemented by regulations at 42 CFR 447.50 - 447.59). For families with incomes of 150 percent of poverty and above, cost sharing for all children in the family cannot exceed 5 percent of a family's income per year. Include a statement that no cost sharing will be charged for pregnancy- related services. (CHIPRA #2, SHO # 09-006, issued May 11, 2009) (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge by age and income (if applicable) and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2.1.
Premiums:
8.2.2.
Deductibles:
8.2.3.
Coinsurance or copayments:
Effective March 11, 2021 and through the last day of the first calendar quarter that begins one year after the last day of the COVID-19 emergency period described in section 1135(g)(1)(B) of the Act, and for all populations covered in the CHIP state child health plan, the state assures the following:
COVID-19 Vaccine: • The state provides coverage of COVID-19 vaccines and their administration without cost sharing, in accordance with the requirements of section 2103(c)(11)(A) and 2013(e)(2) of the Act. COVID-19 Testing: • The state provides coverage of COVID-19 testing without cost sharing, in accordance with the requirements of section 2103(c)(11)(B) and 2103(e)(2) of the Act. COVID-19 Treatment: • The state provides coverage of COVID-19-related treatments without cost sharing, in accordance with the requirements of section 2103(c)(11)(B) and 2103(e)(2) of the Act.
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Coverage for a Condition That May Seriously Complicate the Treatment of COVID-19: • The state provides coverage for treatment of a condition that may seriously complicate COVID-19 treatment without cost sharing, during the period when a beneficiary is diagnosed with or is presumed to have COVID-19, in accordance with the requirements of section 2103(c)(11)(B) and 2103(e)(2) of the Act. This coverage includes items and services, including drugs, that were covered by the state as of March 11, 2021.
Cost-Sharing Enrollment Fees (for 12-month enrollment period): Charge At or below 151 % of FPL $0 Above 151% up to and including 186% of FPL $35 Above 186% up to and including 201% of FPL $50 Co-Pays (per visit): At or below 100% of FPL Charge Office Visit* $3 Non-Emergency ER $3 Generic Drug $0 Brand Drug $3 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient $15 Above 100% up to and including 151% of FPL Charge Office Visit* $5 Non-Emergency ER $5 Generic Drug $0 Brand Drug $5 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $35 Above 151% up to and including 186% of FPL Charge Office Visit* $20 Non-Emergency ER $75 Generic Drug $10 Brand Drug $25 for insulin, $35 for all other drugs**$ Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $75 Above 186% up to and including 201% of FPL Charge Office Visit* $25 Non-Emergency ER $75 Generic Drug $10 Brand Drug $25 for insulin, $35 for all other drugs**$ Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $125 *The office visit co-payment amounts also apply to non-preventive dental visits. **Copays for insulin cannot exceed $25 per prescription for a 30-day supply. See Section 8.8 for details.
In this section, "insulin" means a prescription drug that contains insulin and is used to treat diabetes. The term does not include an insulin drug that is administered to a patient intravenously. Pursuant to
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the provisions of Texas Insurance Code Chapter 1358, Subchapter C, copays for insulin cannot exceed $25 per prescription for a 30-day supply, regardless of the amount or type of insulin needed to fill the prescription.
8.2.4.
Other:
8.2-DS
Supplemental Dental (CHIPRA # 7, SHO # #09-012 issued October 7, 2009) For children enrolled in the dental-only supplemental coverage, describe the amount of cost-sharing, specifying any sliding scale based on income. Also describe how the State will track that the cost sharing does not exceed 5 percent of gross family income. The 5 percent of income calculation shall include all cost-sharing for health insurance and dental insurance. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b), and (c), 457.515(a) and (c), and 457.560(a)) Please update Sections 1.1-DS, 4.1-DS, 4.2-DS, 6.2-DS, and 9.10 when electing this option.
8.2.1-DS
Premiums:
8.2.2-DS
Deductibles:
8.2.3-DS
Coinsurance or copayments:
8.2.4-DS
Other:
8.3. Describe how the public will be notified, including the public schedule, of this cost sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)(1)(A)) (42 CFR 457.505(b)) Texas Health and Human Services will update CHIP policy changes on the HHSC website. CHIP members will also receive notifications from their health plan.
Guidance: The State should be able to demonstrate upon request its rationale and justification regarding these assurances. This section also addresses limitations on payments for certain expenditures and requirements for maintenance of effort.
8.4. The State assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1.
Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42 CFR 457.530) 8.4.2.
No cost-sharing applies to well-baby and well-child care, including age-appropriate immunizations. (Section 2103(e)(2)) (42 CFR 457.520) 8.4.3
No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42 CFR 457.515(f))
8.4.1- MHPAEA There is no separate accumulation of cumulative financial requirements, as defined in 42 CFR 457.496(a), for mental health and substance abuse disorder benefits compared to medical/surgical benefits. (42 CFR 457.496(d)(3)(iii))
8.4.2- MHPAEA If applicable, any different levels of financial requirements that are applied to different tiers of prescription drugs are determined based on reasonable factors, regardless of whether a drug is generally prescribed for medical/surgical benefits or mental health/substance use disorder benefits. (42 CFR 457.496(d)(3)(ii)(A))
8.4.3- MHPAEA Cost sharing applied to benefits provided under the State child health plan will remain
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capped at five percent of the beneficiary’s income as required by 42 CFR 457.560 (42 CFR 457.496(d)(3)(i)(D)).
8.4.4- MHPAEA Does the State apply financial requirements to any mental health or substance use disorder benefits? If yes, specify the classification(s) of benefits in which the State applies financial requirements on any mental health or substance use disorder benefits.
Yes As of July 1, 2022, CHIP copayments do not apply to MH/SUD office visits and residential treatment services. Copayments are applied to inpatient care, and prescription drugs. There is an income-based cap on out-of-pocket maximums. The out‐of‐pocket maximum is an aggregate cap per 12‐month term of coverage that is based on 5 percent of a family’s income that is applied across all income groups. This out‐of‐pocket maximum is cumulative and is not applied separately for MH/SUD and M/S benefits. No Guidance: For the purposes of parity, financial requirements include deductibles, copayments, coinsurance, and out of pocket maximums; premiums are excluded from the definition. If the state does not apply financial requirements on any mental health or substance use disorder benefits, the state meets parity requirements for financial requirements. If the state does apply financial requirements to mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue below.
Please ensure that changes made to financial requirements under the State child health plan as a result of the parity analysis are also made in Section 8.2.
8.4.5- MHPAEA Does the State apply any type of financial requirements on any medical/surgical benefits?
Yes No Guidance: If the State does not apply financial requirements on any medical/surgical benefits, the State may not impose financial requirements on mental health or substance use disorder benefits.
8.4.6- MHPAEA Within each classification of benefits in which the State applies a type of financial requirement on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the class which are subject to the limitation.
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above (Section 6.2.5.2-MHPAEA) for each classification or within which the State applies financial requirements to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E))
Guidance: Please include the state’s methodology and results of the parity analysis as an attachment to the State child health plan.
8.4.7- MHPAEA For each type of financial requirement applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of financial requirement to at least two- thirds (“substantially all”) of all the medical/surgical benefits within the same classification? (42 CFR
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457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of financial requirement to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose financial requirements on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
8.4.8- MHPAEA For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State must determine the predominant level (as defined in 42 CFR 457.496(d)(3)(i)(B)) of that type which is applied to medical/surgical benefits in the classification. For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State assures:
The same reasonable methodology applied in determining the dollar amounts used in determining whether substantially all medical/surgical benefits within a classification are subject to a type of financial requirement also is applied in determining the dollar amounts used to determine the predominant level of a type of financial requirement applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E)) The level of each type of financial requirement applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i)) Guidance: If there is no single level of a type of financial requirement that exceeds the one-half threshold, the State may combine levels within a type of financial requirement such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
8.5. Describe how the State will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the State for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
8.6. Describe the procedures the State will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42 CFR 457.535)
8.7. Provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42 CFR 457.570 and 457.505(c))
Guidance: Section 8.7.1 is based on Section 2101(a) of the Act provides that the purpose of title XXI is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children.
8.7.1. Provide an assurance that the following disenrollment protections are being applied:
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Guidance: Provide a description below of the State’s premium grace period process and how the State notifies families of their rights and responsibilities with respect to payment of premiums. (Section 2103(e)(3)(C))
8.7.1.1.
State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42 CFR 457.570(a))
8.7.1.2.
The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non-payment of cost-sharing charges. (42 CFR 457.570(b))
8.7.1.3.
In the instance mentioned above, that the State will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42 CFR 457.570(b))
8.7.1.4
The State provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42 CFR 457.570(c))
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8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e)) 8.9.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.9.2. No cost sharing (including premiums, deductibles, co-pays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.9.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.9.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.9.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475) NOT COVERED.
8.9.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475) NOT COVERED.
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Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Performance Goal A: Compare annual data of the number and percent of children enrolled in CHIP to the estimated number of potentially CHIP eligible children in the state.
Performance Goal B: Track participation by county, age, and racial/ethnic groups.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Performance Goal A: Track number and percentage of CHIP-coverage children with completed immunizations at end of middle school (approximately 12-14 years of age).
Performance Goal B: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
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Performance Goal A: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Performance Goal B: Track number and percentage of CHIP-coverage children receiving emergency services by county and age.
Performance Goal C: Track number and percentage of CHIP-coverage children having hospital discharges by county and age.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A), (B)) (42CFR 457.710(d))
The strategic objectives and performance goals of the Title XXI CHIP program have been initiated for the first biennium based on the principal desire of the state to plan and implement a successful CHIP program in Texas. In order to be successful, the program design includes significant attention to outreach, eligibility determination, enrollment, and the participation of providers and children.
The state developed four strategic objectives to measure access, service provision, quality of care and health resources utilization as a means of evaluating the health status of children in the CHIP program. Data have been obtained from managed care plans, medical records and surveys. Health plan patient-level encounter data have been analyzed using case-mix adjustment process, including the Chronic Illness and Disability Payment System (CDPS) and Ambulatory Care Groups (ACGs) frameworks. In addition, the state has used encounter data to assess health plan performance on child and adolescent HEDIS measures. The state has also completed three enrollee surveys, including a survey of New Enrollees, Disenrollees, Established Enrollees Consumer Assessment of Health Plans Survey (CAHPS) of each health plan by service area.
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. The reduction in the percentage of uninsured children. 9.3.3. The increase in the percentage of children with a usual source of care.
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9.3.4. The extent to which outcome measures show progress on one or more of the health problems identified by the state. 9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19. 9.3.6. Other child appropriate measurement set. List or describe the set used. 9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as: 9.3.7.1. Immunizations 9.3.7.2. Well-child care 9.3.7.3. Adolescent well visits 9.3.7.4. Satisfaction with care (Surveys) 9.3.7.5. Mental health 9.3.7.6. Dental care 9.3.7.7. Other, please list: 9.3.8. Performance measures for special targeted populations. [Children with Special Health Care Needs (CSHCN) Screener questions included in Surveys]
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
Texas will develop the necessary data sources and baselines with which to assess and evaluate program performance consistent with Title XXI requirements and the requirements of day-to-day program management.
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HHSC will dedicate staff or contracted resources to review program performance and develop strategies for improvement
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards) 9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4. Section 1132 (relating to periods within which claims must be filed) 9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The state has actively sought the involvement of the public in the development of the Texas CHIP Phase II program through numerous avenues. The Lieutenant Governor established the Senate Interim Committee on Children’s Health Insurance in March 1998, which heard extensive testimony during the summer from the public on the policy options and recommendations for CHIP. The Texas House Committee on Appropriations and the Texas House Committee on Public Health also participated in joint public hearings on CHIP with the Senate Interim Committee. Hearings were widely publicized through the Texas Register, media advisories, Internet web sites, and targeted mailings to advocacy groups. State agency representatives have met on a regular basis with legislative staff to gain legislative input on the development of draft proposals.
In addition to legislative public hearings, the Health and Human Services Commission, in collaboration with the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental Health and
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Mental Retardation held 10 public hearings around the state throughout the fall of 1998 and early in 1999. The state made a concerted effort to attract families, providers, health officials, advocates, community-based organizations, and other community representatives to these hearings, specifically by working with state and local CHIP Coalitions representing a broad range of consumer and provider interests. Public hearings were held in late afternoon – early evening to better allow family members to attend. The state also hosted local discussions at each of the public hearing sites to establish community linkages and gain community input on local outreach strategies and other topics in a more informal setting. Local advisory groups are used to provide ongoing direction and input on outreach strategies for Texas CHIP.
A number of advocacy groups in Texas formed the CHIP Coalition in Spring 1998. State representatives meet regularly with the CHIP Coalition, making presentations on various aspects of the program design and seeking feedback throughout the development process. The state used the CHIP Coalition to provide input and guidance on program components as Texas CHIP was implemented. The State also meets with the Disability Policy Consortium, which represents statewide disability advocacy groups, to discuss developments in Texas CHIP.
State representatives meet with state provider organizations, such as the Texas Medical Association and the Texas Hospital Association. State staff present at numerous provider conferences and meetings. Continued involvement of these organizations is essential in the operation of Texas CHIP.
Public involvement in implementation of Texas CHIP was ensured through state agencies’ rule-making processes and through public participation in outreach efforts. In addition, regional advisory committees with broad representation across provider and consumer groups and including parents of CHIP enrollees were formed to provide advice on program policy, management, and outreach.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR §457.125. (Section 2107(c)) (42CFR 457.120(c))
HHSC requires health plans and dental plans to seek participation in its provider network from the tribal health clinics.
American Indian and Alaska Native children are exempt from cost sharing.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in §457.65 (b) through (d).
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CHIP Program changes related to the time period for payment of cost sharing obligations – This amendment increases the amount of time that enrollees have to pay the enrollment fee upon renewal of their coverage. Prior public notice was provided through:
Posting of a notice in the Texas Register regarding the submission of the CHIP state plan amendment, including contact information to obtain a copy of the amendment.
CHIP Program Changes related to extension of coverage for Prenatal Care and Associated Health Care Services:
Public input was sought through meetings with interested stakeholders such as the Texas Hospital Association, the Texas CHIP Coalition, and the Texas Association of Health Plans. Eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee and the Texas Health and Human Services Commission Agency Council. Public testimony was taken at both meetings, and an additional public hearing was held on November 1, 2005. Public notice was also submitted to the Texas Register.
CHIP Program Changes related to HB 109, 80th Legislature, Regular Session, 2007:
Public testimony on H.B. 109 was received during legislative hearings held on March 1, 2007, March 8, 2007, and May 17, 2007. Public input was sought through meetings with interested stakeholders, including the meeting with the Texas CHIP Coalition on June 8, 2007. Additional public input was sought through a meeting with the Texas CHIP Coalition on June 15, 2007. Proposed eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee on June 14, 2007, and to the Texas Health and Human Services Commission Council on June 21, 2007. Both meetings were open to the public. The eligibility and cost sharing rules were published in the Texas Register on July 6, 2007, with a 30-day public comment period. A public hearing was held on the proposed rules on July 19, 2007. A public notice was submitted to the Texas Register in July 2007 regarding the State’s intent to submit the state plan amendment to CMS. The public will be able to request copies of the proposed state plan amendment.
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CHIP income exemption for temporary census employees:
A public notice was submitted to the Texas Register for publication in September 2008 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in September 2008. Notification was provided to the Texas CHIP Coalition in September 2008.
CHIP eligibility expansion for Qualified Aliens:
A public notice was submitted to the Texas Register for publication in May 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in May 2010. Notification was provided to stakeholders, including the Texas CHIP Coalition in May 2010. CHIP changes for hospice care:
A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the Native American tribes in Texas in August 2010. Notification was provided to the Texas CHIP Coalition in August 2010. CHIP Perinatal Program to deem newborns to Medicaid for 12 continuous months of coverage if the family income is at or below 185 percent of FPL:
Public notice was mailed to interested stakeholders on April 13, 2010. Public notice of the proposed amendment was published in the Texas Register on April 23, 2010. The public can request copies of the state plan amendment. Proposed eligibility rules were presented to the Texas Health and Human Services Commission Council in a meeting held on April 29, 2010. This meeting was open to the public. Notification was provided to the three Native American tribes in
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Texas in August 2010.
CHIP method of finance change to provide federal matching funds for the children of public school employees:
A public notice was submitted to the Texas Register for publication in January 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in January 2011. Notification was provided to the Texas CHIP Coalition in January 2011.
CHIP changes for behavioral health benefits and cost-sharing:
A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in September 2010. Notification was provided to the Texas CHIP Coalition in September 2010.
CHIP change to provide federal matching funds for public employee children:
A public notice was submitted to the Texas Register for publication in June 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in June 2011. Notification was provided to the Texas CHIP Coalition in June 2011.
CHIP dental program and cost-sharing changes: A public notice was submitted to the Texas Register for publication in October 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Notification was provided to the three Native American tribes in Texas in October 2010. Notification was provided to the Texas CHIP Coalition in October 2010.
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The Texas Dental Association was provided notice in October 2010. A public notice was submitted to the Texas Register for publication in July 2011 regarding the State’s intent to submit a revised state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. Updated notification was provided to the three Native American tribes in Texas in July 2011. Updated notification was provided to the Texas CHIP Coalition in July 2011. The Texas Dental Association was provided updated notice in July 2011.
CHIP eligibility changes pertaining to the Affordable Care Act for MAGI eligibility and methods: A public notice was submitted to the Texas Register for publication on February 28, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for Medicaid expansion: A public notice was submitted to the Texas Register for publication on April 4, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for section 2101 (f) Group Establishment: A public notice was submitted to the Texas Register for publication on April 11, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for eligibility process: A public notice was submitted to the Texas Register for publication on December 27, 2013, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas
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and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for Non- Financial Eligibility: A public notice was submitted to the Texas Register for publication on April 11, 2014, regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP Eligibility changes pertaining to enrollment and cost continent: A public notice was submitted to the Texas Register for publication on January 20, 2017 regarding the State’s intent to submit the state plan amendment to CMS. Notification was provided to the three federally-recognized tribes in Texas and the Urban Inter-Tribal Center of Texas on March 21, 2017.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
Planned use of funds, including -- - Projected amount to be spent on health services; - Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and - Assumptions on which the budget is based, including cost per child and expected enrollment.
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Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees
CHIP Budget Plan Federal Fiscal Year 2017 Costs Enhanced FMAP rate (state share) 0.0767 Benefit Costs Managed Care Premiums Per member/per month rate times the number of eligibles CHIP 944,341,167 Per member/per month rate times the number of eligibles Medicaid* 111,340,169 Fee for Service: Prescription Drugs CHIP 0 Prescription Drugs Medicaid* 0 Total Benefit Costs 1,055,681,336 (Offsetting beneficiary cost sharing payments) (4,666,965) Net Benefit Costs 1,051,014,371 Administration Costs Eligibility Enrollment and Outreach 49,089,848 Other Administration 25,600,599 Subtotal 74,690,447 Total Administration Costs 74,690,447 10% Administrative Cost Ceiling (benefits-cost share)/9) 116,779,375 Federal Share (multiplied by EFMAP rate) 1,039,363,259 State Share 86,341,560 TOTAL PROGRAM COSTS 1,125,704,818
Notes: The Federal Fiscal Year (FFY) runs from October 1st through September 30th. Members per Month and PMPM assumptions are derived from the FFY17 updated Fall forecast. Client Service cost include HMO/EPO Premiums, Dental, Vaccines, and Prescription Drugs. Prescription Drugs were included in managed care premiums beginning in March 2012.
Average Monthly Caseload for Federally-Funded CHIP (Traditional): FFY 2017 = 379,586. The PMPM assumptions are $133.66 for premiums, $25.80 for Dental, and $5.53 for Vaccines.
Average Monthly Caseload for the Federally-Funded CHIP Perinate program: FFY 2017 = 34,862. The PMPM assumptions are $460.81 for premiums, $0.01 for dental, and $0.13 for vaccines.
Average Monthly Caseload for Qualified Aliens in Medicaid (using Title XXI): FFY 2017 = 26,340. The PMPM assumption is $157.13 for premiums.
Average Monthly Caseload for CHIP clients under 138% FPIL (using Title XXI): FFY2017 = 253,927. The PMPM assumption is $20.24 for premiums.
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Assumptions:
Benefit costs represent payments to health providers for providing health care services to CHIP enrollees. These cost estimates are based upon the yearly mean average of enrollees and the average cost per enrollee per month. Administration costs represent the cost of eligibility determination and enrollment services, outreach, quality assurance efforts by the agency, audits, and actuarial work.
Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1), (2)) (42CFR 457.750) 10.1.1. The progress made in reducing the number of uncovered low- income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
10.3.1. The state assures that it will submit yearly the approved dental benefit package and submit quarterly the required information on dental providers in the state to the Human Resources and Services Administration for posting on the Insure Kids Now! website.
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Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents)
11.2.2. Section 1124 (relating to disclosure of ownership and related information)
11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals)
11.2.4. Section 1128A (relating to civil monetary penalties) 11.2.5. Section 1128B (relating to criminal penalties for certain additional charges)
11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program)
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Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR §457.1120. The HHSC review process is a program specific review, consisting of an impartial review performed by an HHSC unit that is separate from the unit that determines eligibility, as described below.
In 2007, the HHSC Request for Review unit was formed, consisting of a manager and ten review specialists. This unit works independently from the enrollment broker operations. No one in this review unit is directly involved in the initial eligibility determination, or any eligibility determination they are responsible for reviewing. CHIP eligibility is determined by state staff, and enrollment is processed by the administrative services contractor. If the family disagrees with the outcome, the family may submit a written Request for Review (RFR) by mail or fax to HHSC.
An HHSC review specialist makes a decision that the RFR is either denied or approved, and the family is notified of the decision by letter.
The unit’s independence from the staff performing the eligibility determinations helps to ensure that objective decisions are made. The review staff has no role in managing the vendor or measuring its performance, and has no role in the initial eligibility determinations. Persons who were directly involved “in the matter under review” do not participate in the review process. Additionally, the HHSC Eligibility Operations and Eligibility Services Support team completes audits to ensure requests for reviews were handled timely and accurately.
Eligibility and Enrollment Matters Review Process
1) Matters Subject to Review. An applicant or member may request a review of an initial adverse determination made by HHSC or its administrative contractor concerning the following: a) denial of eligibility; b) failure to make a timely determination of eligibility; and c) suspension or termination of enrollment (including disenrollment for failure to meet cost sharing obligations).
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2) Matters Not Subject to Review. HHSC is not required to provide an opportunity for review if the sole purpose for the decision is: a) a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment; or b) a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
Notice of Adverse Determinations
HHSC or its designee will provide the applicant or member written notice of any adverse eligibility or enrollment determination. The notice must include: 1) the action or determination and the reasons therefore; 2) the individual’s right to request review of the action or determination; 3) the process for initiating a review; 4) the time frame that applies to the review; and 5) the circumstances under which enrollment, if applicable, may continue pending review.
Requesting a Review The applicant or member must submit a timely written request for review.
Conduct of the Review
Applicants and members have a right to: 1) represent themselves or have representatives of their choosing participate in the review; 2) timely review their files and other applicable information relevant to the review; and 3) participate fully in the review, including by presenting supplemental information in the review process, whether the review is conducted in person, in writing, or by telephone.
Disposition of the Review
Timely Review. HHSC or its designee will complete its decision on the review in a timely manner as specified in 42 C.F.R. 457.1160 and furnish a written decision to the applicant or member. This decision is final and there are no further appeals.
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Expedited Review. If HHSC or its designee becomes aware that an enrollee’s medical condition requires an immediate need for health services, HHSC or its designee will conduct an expedited review.
Continuation of Enrollment Pending Disposition of Review and Reconsideration If an enrollee files a timely request for review of a suspension or termination of enrollment, HHSC or its designee will grant continuation of enrollment pending the review decision.
Timelines for Reviews
1) Families have 30 working days from date of notification letter to submit an appeal concerning HHSC’s decision to deny eligibility or disenroll. 2) HHSC has 10 working days after receiving appeal (in writing) to respond with a notice that the decision has been upheld or has been reversed. 3) Families have 15 working from date of response letter to submit written request for additional HHSC review. 5) HHSC has 15 working days to respond to family of the decision.
Health Services Matters
12.2 Health Services Matters- Please describe the review process for health services matters that complies with 42 CFR §457.1120.
CHIP benefits are delivered solely through managed care delivery models, including a managed care organization (MCO) model and an exclusive provider organization (EPO) model which is used primarily in rural areas of the State. CHIP dental services are delivered through a prepaid ambulatory health plan (PAHP) referred to as a dental maintenance organization (DMO).
All health and dental plans must have an MCO/DMO internal appeal and complaint process to allow members to submit complaints (also called grievances) and appeal adverse benefit determinations, as the terms are defined in the Code of Federal Regulations. The MCO/DMO internal appeals and complaint process must ensure that member complaints and appeals are generally resolved within 30 calendar days. After a member exhausts his or her MCO/DMO internal appeal process rights, the member may request an external review by an independent review organization (IRO) of the MCO/DMO denial. The IRO process is the HHS-administered process.
The State elected to create CHIP under the Secretary-approved coverage option. Texas elects to have CHIP plans follow a statewide standard review process, under 42 CFR 457.1120(a)(2) for external reviews. Thus, for external reviews, CHIP plans follow the same grievance and appeal requirements as other health insurance issuers in the State. HHSC requires health insurers to comply with State-specific grievance and appeal requirements currently in effect in the State. State laws concerning adverse determinations are found in the Texas Insurance Code, Chapter 843, subchapters G and H, and Chapter 4201.
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Health Services Matters subject to External rReview are:
Ddelay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services or any other matter that involves medical judgment.; and 1) failure to approve, furnish or provide payment for health services in a timely manner.
Matters Not Subject to External Review:.
HHSC is not required to provide an opportunity for review if the sole purpose for the decision is a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment, or a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
Complaints Concerning Health Services Matters Pursuant to Insurance Code
A member, or a person acting on the member’s behalf, or the member’s physician or health care provider may file a complaint about an adverse determination made by a health plan provider pursuant to the provisions of the Texas Insurance Code Chapter 843, subchapters G and H, and Chapter 4201.. Such a complaint may lead to review by an independent external review organization formed pursuant to Chapter 4202 of the Texas Insurance Code.
Expedited Process for Complaints Concerning Health Services Matters Investigation and resolution of complaints concerning health services matters must be concluded in accordance with the medical needs of the patient.
Member Complaint and Appeal Process
The review process for health services matters is a Statewide Standard Review. All health and dental plans must have an internal appeals procedure to allow members to complain and appeal “adverse determinations,” which are decisions made by: (1) a health plan that health care services provided or proposed to be provided to a member are not medically necessary or appropriate, or (2) a dental plan that the dental services provided or proposed to be provided to a member are not dentally necessary or appropriate.
The health and dental plans must ensure that member appeals are generally resolved within 30 calendar days. After a member exhausts his or her appeal rights within the health or dental plan, the member can request an Independent Review Organization (IRO) to review the denial and make a determination.
Premium Assistance Programs
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12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR §457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
(spa)(tx-22-0001)(approval-package)Texas CHIP SPA TX-22-0001: Approval Package (approved December 23, 2022, effective January 1, 2023)#
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_____________________________________________________________________________ Table of Contents State/Territory Name: State Plan Amendment (SPA) #: This file contains the following documents in the order listed: 1) Approval Letter 2) State Plan Pages Texas TX-22-0001
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DEPARTMENT OF HEALTH & HUMAN SERVICES Centers for Medicare & Medicaid Services 7500 Security Boulevard, Mail Stop: S2-01-16 Baltimore, Maryland 21244-1850
Children and Adults Health Programs Group
December 23, 2022
Stephanie Stephens Medicaid Director, Medicaid/CHIP Division Medical and Social Services State of Texas, Health and Human Services Commission 4900 Lamar Boulevard Austin, TX 78751
Dear Ms. Stephens:
Your title XXI Children’s Health Insurance Program (CHIP) state plan amendment (SPA), TX- 22-0001, submitted November 10, 2022 has been approved. Through this SPA, Texas reduces copayments for brand name insulin from $35 to $25 for all CHIP members with family income above 151 percent of the federal poverty level (FPL) up to and including 201 percent of the FPL. This SPA has an effective date of January 1, 2023.
Your title XXI project officer is Ticia Jones. She is available to answer questions concerning this amendment and other CHlP-related issues. Her contact information is as follows:
Centers for Medicare & Medicaid Services Center for Medicaid and CHIP Services 7500 Security Boulevard, Mail Stop S2-01-16 Baltimore, MD 21244-1850 Telephone: (410) 786-8145 E-mail: Ticia.Jones@cms.hhs.gov
If you have additional questions, please contact Meg Barry, Director, Division of State Coverage Programs, at (410) 786-1536. We look forward to continuing to work with you and your staff.
Sincerely,
Sarah deLone Director /Signed by Sarah deLone/
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Model Application Template for the State Children’s Health Insurance Program 1 Effective Date: January 1, 2023 Approval Date: MODEL APPLICATION TEMPLATE FOR OMB #: 0938-0707 Exp. Date: STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM Preamble Section 4901 of the Balanced Budget Act of 1997 (BBA) amended the Social Security Act (the Act) by adding a new title XXI, the State Children’s Health Insurance Program (CHIP). Title XXI provides funds to states to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner. To be eligible for funds under this program, states must submit a state plan, which must be approved by the Secretary. A state may choose to amend its approved state plan in whole or in part at any time through the submittal of a plan amendment. This model application template outlines the information that must be included in the state child health plan, and any subsequent amendments. It has been designed to reflect the requirements, as they exist in current regulations, found at 42 CFR part 457. These requirements are necessary for state plans and amendments under Title XXI. The Department of Health and Human Services will continue to work collaboratively with states and other interested parties to provide specific guidance in key areas like applicant and enrollee protections, collection of baseline data, and methods for preventing substitution of Federal funds for existing state and private funds. As such guidance becomes available, we will work to distribute it in a timely fashion to provide assistance as states submit their state plans and amendments. Form CMS-R-211
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Model Application Template for the State Children’s Health Insurance Program 2 Effective Date: January 1, 2023 Approval Date: MODEL APPLICATION TEMPLATE FOR STATE CHILD HEALTH PLAN UNDER TITLE XXI OF THE SOCIAL SECURITY ACT STATE CHILDREN’S HEALTH INSURANCE PROGRAM (Required under 4901 of the Balanced Budget Act of 1997 (New section 2101(b))) State/Territory: Texas (Name of State/Territory) As a condition for receipt of Federal funds under Title XXI of the Social Security Act, (42 CFR, 457.40(b)) Cecile Young (Signature of Governor, or designee, of State/Territory, Date Signed) submits the following State Child Health Plan for the State Children’s Health Insurance Program and hereby agrees to administer the program in accordance with the provisions of the approved State Child Health Plan, the requirements of Title XXI and XIX of the Act (as appropriate) and all applicable Federal regulations and other official issuances of the Department. The following state officials are responsible for program administration and financial oversight (42 CFR 457.40(c)): Name: Stephanie Stephens Position/Title: Chief Medicaid and CHIP Services Officer Name: Trey Wood Position/Title: Deputy Executive Commissioner of Financial Services Name: Position/Title: According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0938-0707. The time required to complete this information collection is estimated to average 160 hours per response, including the time to review instructions, search existing data resources, gather the data needed, and complete and review the information collection. If you have any comments concerning the accuracy of the time estimate(s) or suggestions for improving this form, please write to: CMS, N2-14-26, Baltimore, Maryland 21244.
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Model Application Template for the State Children’s Health Insurance Program 3 Effective Date: January 1, 2023 Approval Date: Section 1. General Description and Purpose of the State Child Health Plans and State Child Health Plan Requirements (Section 2101) 1.1 The state will use funds provided under Title XXI primarily for (Check appropriate box) (42 CFR 457.70): 1.1.1. Obtaining coverage that meets the requirements for a separate child health program (Section 2103); OR 1.1.2. Providing expanded benefits under the state’s Medicaid plan (Title XIX); OR 1.1.3. A combination of both of the above.* * Phase I children (Medicaid “Phase-In” children) covered under the original Texas CHIP state plan have been completely phased in to Medicaid as an eligibility group. However, the state would reserve the right to continue to claim FMAP for any outstanding and unpaid Medicaid claims for that group for dates of service prior to their conversion to a regular Medicaid FMAP group. 1.2 Please provide an assurance that expenditures for child health assistance will not be claimed prior to the time that the State has legislative authority to operate the State plan or plan amendment as approved by CMS. (42 CFR 457.40(d)) 1.3 Please provide an assurance that the state complies with all applicable civil rights requirements, including title VI of the Civil Rights Act of 1964, title II of the Americans with Disabilities Act of 1990, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, 45 CFR part 80, part 84, and part 91, and 28 CFR part 35. (42CFR 457.130) 1.4 Please provide the effective (date costs begin to be incurred) and implementation (date services begin to be provided) dates for this plan or plan amendment (42 CFR 457.65): Effective dates: See below.* Implementation date: May 1, 2000 (CHIP Phase II) * The Compliance SPA amendment, approved May 5, 2003, reformatted Texas’ previous CHIP state plan covering Phase I and Phase II children. In general, the effective date(s) are the same as the original CMS-approved effective dates for Phase I (Medicaid coverage for phase-in children) and Phase II (separate, state-designed CHIP coverage up to 200 percent FPL).
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Model Application Template for the State Children’s Health Insurance Program 4 Effective Date: January 1, 2023 Approval Date:
Subsequent amendments to the original CHIP state plan (related to the Phase II program) were incorporated into the new state plan template, and are effective per their CMS-approved effective dates. The amendments to date are listed below:
❑ CHIP Method of Finance Change – Approved December 13, 2001, Effective September 1, 2001. ❑ CHIP Cost-sharing Changes- Approved May 1, 2002, Effective March 1, 2002. ❑ CHIP Car Seat Initiative- Approved November 25, 2002, Effective June 15, 2002. ❑ CHIP Community Health Worker Initiative – Approved May 5, 2003, Effective May 5, 2003. ❑ CHIP Program Changes related to actions of the 78th Texas Legislature – Approved July 25, 2003, Effective September 1, 2003. ❑ CHIP Program Changes related to Community Health Worker Initiative – Approved November 18, 2004, Effective August 1, 2004. ❑ CHIP Restoration of Medical Benefits – Approved May 26, 2006, Effective September 1, 2005. ❑ CHIP Cost-sharing Changes – Approved May 10, 2006, Effective January 1, 2006. ❑ CHIP Restoration of Dental Benefits – Approved December 23, 2005, Effective April 1, 2006. ❑ CHIP Program changes related to the time period for payment of cost- sharing obligations – Approved January 18, 2007, Effective August 1, 2006. ❑ CHIP Program changes related to the CHIP Perinatal Program – Approved June 2, 2006, Effective September 1, 2006. ❑ CHIP Program changes related to Applicant and Enrollee Protections – Approved September 24, 2007, Effective May 1, 2007. ❑ CHIP Program changes related to HB 109, 80th Legislature, Regular Session, 2007 – Approved December 28, 2007, Effective September 1, 2007. ❑ CHIP Program changes related to dental benefits – Approved November 8, 2007, Effective September 1, 2007. ❑ CHIP extension for enrollment fee payments for Hurricane Ike – Approved October 30, 2008, Effective September 7, 2008. ❑ CHIP income exemption for temporary census employees – Approved October 30, 2008, Effective October 1, 2008. ❑ CHIP Program changes applying payment requirements consistent with the Medicaid prospective payment system for federally qualified health centers and rural health clinics, Approved October 25, 2010, Effective October 1, 2009. ❑ CHIP eligibility expansion for qualified aliens under age 19, Approved February 11, 2011, Effective May 1, 2010.
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Model Application Template for the State Children’s Health Insurance Program 5 Effective Date: January 1, 2023 Approval Date: ❑ CHIP Program change related to hospice care, Approved October 25, 2010, Effective August 1, 2010. ❑ CHIP Perinatal Program changes allowing eligible unborn children to receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid, Approved October 25, 2010, Effective September 1, 2010. ❑ CHIP method of finance change to provide federal matching funds for public school employee children, Approved February 11, 2011, Effective September 1, 2010. ❑ CHIP changes for behavioral health benefits and cost-sharing, Approved October 25, 2010, Effective March 1, 2011. ❑ CHIP change to provide federal matching funds for public employee children, Approved July 27, 2011, Effective September 1, 2011. ❑ CHIP Program change related to the dental program and cost-sharing, Approved August 5, 2011, Effective March 1, 2012. ❑ CHIP update to the electronic system processes used to determine CHIP eligibility, Effective September 1, 2013. ❑ CHIP change incorporating approved Modified Adjusted Gross Income (MAGI) Conversion Plan to cost-sharing bands, Effective January 1, 2014. ❑ CHIP changes incorporating Affordable Care Act state plan templates and deleting pages superseded by templates, and eliminating resources, Effective September 1, 2016. ❑ CHIP updates to the enrollment process for continuity of care, Effective October 1, 2016 ❑ CHIP updates to provisions for implementing temporary adjustments to eligibility and enrollment policies for application and redetermination, and cost-sharing requirements for children in families living in in Federal Emergency Management Agency (FEMA) or Governor declared disaster areas at the time of the disaster event: In the event of a disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies for application and redetermination policies and cost-sharing requirements, the effective dates of such adjustments, and the counties/areas impacted by the disaster, Approved August 31, 2017, Effective August 25, 2017. ❑ CHIP updates to the payment methodology for Federally-Qualified Health Centers and Rural Health Centers. Approved March 20, 2020, Effective April 1, 2018. CHIP Cost-sharing Changes related to SB 827, 87th Legislature, Regular Session, 2021 – Approved , Effective January 1, 2023. 1.4-TC Tribal Consultation (Section 2107(e)(1)(C)) Describe the consultation process that occurred specifically for the development and submission of this State Plan Amendment, when it occurred and who was involved. Tribal consultation was not required for this CHIP State Plan Amendment. TN: 22-0001 Approval Date: Effective Date: January 1, 2023
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Superseding Pages of MAGI CHIP State Plan Material
Transmittal Number SPA Group PDF Description Superseded Plan
TX-14-0032 Effective/Implementation Date: January 1, 2014 MAGI Eligibility & Methods CS7 Eligibility- Targeted Low Income Children Supersedes the current sections Geographic Area 4.1.1; Age 4.1.2; and Income 4.1.3 CS9 Eligibility-Coverage from Conception to Birth Supersedes the current section Age 4.1.1; 4.1.2.1; and 4.1.3 CS10 Eligibility-Children who have access to Public Employee Coverage Hardship Exception Supersedes the current section 4.4; 4.4.1; 4.4.2; and 4.4.3 Appendix: Supersedes current documentation CS15 MAGI-Based Income Methodologies Incorporate within a separate subsection under section 4.3 TX-14-0033 Effective/Implementation Date: January I, 2014 XXI Medicaid Expansion CS3 Eligibility for Medicaid Expansion Program Supersedes the current Medicaid expansion section 4.0 TX-14-0034 Effective/Implementation Date: January 1, 2014 Establish 2101(t) Group CS14 Children Ineligible for Medicaid as a Result of the Elimination of lncome Disregards Incorporate within a separate subsection under section 4.1 TX-14-0038 Effective/Implementation Date: October 1, 2013 Eligibility Processing CS24 Eligibility Process Supersedes the current sections 4.3 and 4.4
TX-14-0036 Effective/Implementation Date: January 1, 2014 Non- Financial Eligibility CS17 Non-Financial- Citizenship Supersedes the current section 4.1.5 CS18 Non-Financial Eligibility- Residency Supersedes the current sections 4.1.; 4.1.10. CS19 Non-Financial- Social Security Number Supersedes the current section 4.1.9. CS20 Substitution of Coverage Supersedes the current section 4.4.4 CS21 Non-Financial Eligibility- Non- Payment of Premiums Supersedes the current section 8.7 CS27 Continuous Eligibility Supersedes the current section 4.1.8
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Uninsured Texas Children in 2005 by Age Group
Age Group
Number of Children Number of Percent of Uninsured Children
For 2005, the estimated distribution of uninsured children under age 19 according to percent of poverty income category is as follows*:
Uninsured Texas Children Under 19 in 2005 by Percent of Poverty Income Category
Percent of Poverty Category Number of Uninsured Children Percent of Children Uninsured 0 – 100% 382,000 29.52% 101 – 150% 282,000 21.79% 151 – 200% 235,000 18.16% Above 200% 395,000 30.53% Total 1,294,000 100%
For 2005, the estimated distribution of uninsured children according to age group and percent of poverty income category is as follows*:
Uninsured Texas Children in 2005 by Age and Percent of Poverty Income Category
Age Category 0 – 100% 101 – 150% 151 – 200% Above 200% Total 0 – 5 134,000 69,000 64,000 144,000 411,000 6 – 14 163,000 133,000 106,000 154,000 556,000 15 – 18 85,000 80,000 66,000 97,000 327,000 0 – 18 382,000 282,000 235,000 395,000 1,294,000 Children Uninsured 0 – 5 2,206,000 411,000 18.63% 6 – 14 3,131,000 556,000 17.76% 15 – 18 1,394,000 327,000 23.46% 0 – 18 6,731,000 1,294,000 19.22%
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* The sums across some categories may not add up exactly to the total due to rounding. The poverty and health insurance estimates apply to the segment of the population for whom poverty income status was determined. Poverty income status was determined based on the reported annual household/family income.
2.2. Describe the current state efforts to provide or obtain creditable health coverage for uncovered children by addressing: (Section 2102)(a)(2) (42CFR 457.80(b))
2.2.1. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in public health insurance programs (i.e. Medicaid and state-only child health insurance):
The Texas Health and Human Services Commission (HHSC), which has oversight responsibilities for the four other health and human services agencies, is responsible for the administration of certain programs, including the Texas Medicaid program and CHIP. Children are identified and enrolled in Medicaid or CHIP through a variety of mechanisms.
Enrollment Applications are processed in local eligibility offices, hospitals, and clinics throughout the State, and by the administrative services contractor.
Families may apply online, by phone, or in person. For a paper application, families may access and print the application online or by calling a toll-free number to request that an application be mailed to them. They may then submit the completed application and supporting documentation by mail, fax, or in person.
HHSC processes all applications when families apply for children’s health care benefits (Medicaid/CHIP) and other related programs (e.g., Medicaid for adults, Temporary Assistance for Needy Families (TANF)). Applications eligible for CHIP are electronically transmitted to the administrative services contractor to complete the enrollment process. Identification HHSC identifies children who are eligible to participate in Medicaid or CHIP through the following resources:
Out-stationed Eligibility Staff - HHSC outstations eligibility workers in clinics and hospitals. This staff perform eligibility functions as well as screening functions for potential Medicaid and CHIP eligible individuals. There are approximately 300 eligibility workers out-stationed in 190 facilities. The number of out-stationed eligibility staff in a facility is a function of the volume of eligibility determinations made at the facility. In some cases, disproportionate share hospitals (DSH) and Federally Qualified
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Health Centers (FQHCs) fund the state share of salary and benefits costs associated with staff above and beyond those required by federal law. Facilities that are not DSH hospitals or FQHCs can contract with HHSC for eligibility specialists and appropriate support staff to be placed in the facility. Under these contracts, the facilities also reimburse HHSC for the state share of the employee's salary and benefits.
HHSC Office of the Ombudsman Texas Works Hotline (1-800-252-9330) - The Hotline primarily handles complaints concerning Food Stamps, Medicaid or temporary cash assistance (TANF). However, when a client calls and relays information about potential eligibility, or inquiries about programs for which they may be eligible, the client is referred to the correct local office or, if appropriate, to a designated regional contact.
HHSC Office of the Ombudsman (1-877-787-8999) - Clients and potential clients who call HHSC State Office are referred to the Office of the Ombudsman. Some of these calls may be from potential clients asking for instructions/assistance in applying for benefits. Callers are referred to local HHSC offices as appropriate. Texas Medicaid Healthcare Partnership (TMHP) Client Hotline (1-800-335- 8957 and 1-800-252-8263) - The hotline handles Medicaid client issues pertaining to the status of Medically Needy cases, billing questions, and Medicaid program benefits, as well as contact information for the Medical Transportation Program, Texas Health Steps (Texas’ EPSDT program) services, and for HIPAA privacy violations. Blue Pages Listings - Current information for local HHSC offices is contained in local telephone directories in the government blue pages section. This information is broken down by program and is updated as needed. Worldwide Web Sites - HHS maintains an agency home page that contains information about what types of benefits are available throughout the agency. The YourTexasBenefits.com website provides a searchable listing of local offices and the services available at each of these offices. Food Stamps – Individuals applying for food stamps are tested for eligibility for Medicaid during the same interview. Newborns of Medicaid Eligible Mothers - Enrollment in Medicaid is automatic for the majority of newborns of Medicaid-eligible mothers. When the medical facility notifies HHSC about the birth of the child to a Medicaid- eligible mother, HHSC establishes eligibility for the child. An automated system then notifies the child’s mother, designated providers, and the mother’s caseworker about the child’s eligibility. These newborn children are also included in the Texas Health Steps outreach (see below).
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Title V - In the Texas Title V Children with Special Health Care Needs (CSHCN) program, most clients are required to apply to Medicaid or CHIP before they receive full CSHCN eligibility. Some are enrolled in Medicaid as a result. Those who reach a certain expenditure level for CSHCN services are required to apply again to Medicaid, with the emphasis on eligibility for the Medicaid Medically Needy Program, the spend down program under Title XIX.
The regional Title V CSHCN social work and eligibility staff and the CSHCN case management contractors help families with CSHCN to obtain Medicaid eligibility when appropriate.
In Title V Maternal/Child Health (MCH) contracts across the State, children who, after eligibility screening, appear to be eligible for Medicaid, are required to apply for Medicaid in order to continue to receive MCH services in the contractors’ clinics. The contractors include many local health departments as well as hospital districts and other providers. An automated screening tool, the State of Texas Assistance and Referral System (STARS), is used by many of these providers to screen for possible eligibility for Medicaid, CSHCN, and other programs. The client must then go on to actual Medicaid eligibility determination if the STARS screen indicates they may be Medicaid eligible.
Supplemental Security Income (SSI) - SSI eligible persons are automatically enrolled in Medicaid in Texas. The Disability Determination Division makes disability determinations for SSI.
Foster Care - For children who are removed from their households by court order through the Texas Department of Family and Protective Services (DFPS), Medicaid is provided through foster care if the child was eligible for Medicaid prior to being removed from the household or if the child is determined to be Medicaid eligible by DFPS standards. Medicaid is also provided, under TANF limits, to children under 18 placed by a district court in the managing conservatorship of DFPS as a result of findings of abuse or neglect by DFPS.
Child Support - The Child Support Enforcement Office of the Attorney General seeks out the non-custodial parent for financial and/or medical support to supplement and/or replace state liability. This office also processes through the Third Party Reimbursement (TPR) system to seek premium reimbursement for cases where medical coverage is provided.
Local Mental Health Authorities (LMHAs) - Under the authority of the Department of State Health Services (DSHS), LMHAs are required to do
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Model Application Template for the State Children’s Health Insurance Program 12 Effective Date: January 1, 2023 Approval Date:
outreach to identify clients with serious mental illness and intellectual disabilities. The LMHAs vary in the amount and types of outreach conducted. Outreach activities may include: public announcements; distribution of brochures in targeted areas, such as doctors' offices, schools, and juvenile courts; public forums; or public festivals.
At intake, information, which may indicate Medicaid eligibility, is gathered by the LMHA. Individuals who appear to be Medicaid eligible are then referred for Medicaid eligibility determination. If the individual needs assistance with this referral, the LMHA will assist.
LMHAs may have out-stationed HHSC Medicaid eligibility workers on staff that do the Medicaid eligibility determinations on site.
Texas Health Steps (THSteps) - THSteps outreach efforts are aimed at encouraging the use of services (program participation) by enrolled THSteps clients. Texas Health Steps communicates with Medicaid-eligible families on the state level as well as on the regional and local level through a statewide system of HHSC staff and contractors using the following tools:
• over 435,000 informing letters per month; • a variety of brochures and other handouts in English and Spanish for recipient and provider use; • home visits, telephone calls, outreach at places where clients may be found, and efforts targeting specific groups such as migrant workers and newly enrolled Medicaid recipients; • a single statewide toll-free number (1-877-THSTEPS) that is routed to the appropriate regional outreach location. • regional provider newsletters which help to keep Health Steps providers informed of developments in the program; • regional provider relations staff who help recruit and maintain Health Steps and Medicaid providers, supplementing the provider relations activities for which HHSC contracts with the Texas Medicaid and Healthcare Partnership (TMHP); • the Medicaid Bulletin, which provides information to all Medicaid providers; and • the Medicaid managed care enrollment broker, whose staff helps educate clients as they are enrolled in health plans.
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In the course of promoting use of EPSDT service, THSteps staff and contractors inform interested families of the way to apply for Medicaid for other children. Family Health Services Information & Referral Line - Toll-free hotline, funded by Title V, provides information and referrals for families who call in, including referrals to Medicaid and Title V MCH and CSHCN services. Texas Information and Referral Network – The Texas Information and Referral Network (TIRN) at HHSC coordinates a statewide network of state and local contact points to provide information regarding health and human services in Texas, including Medicaid. Effective May 1, 2010, Texas extends federally-matched CHIP coverage to qualified alien children who are otherwise eligible without a five-year delay. Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 111-3, authorizes states to provide federally- matched Medicaid and CHIP coverage to qualified alien children.
2.2.2. The steps the state is currently taking to identify and enroll all uncovered children who are eligible to participate in health insurance programs that involve a public-private partnership: Texas has a variety of established programs and programs under development which involve private-public partnerships in providing health insurance coverage to uninsured children. The Texas Health Insurance Risk Pool was funded by the Texas legislature in 1997 to provide the administrative structure for ensuring that health coverage is available to persons unable to otherwise obtain coverage because of their medical history or because they lose employer coverage. Coverage is automatic for uninsurable persons with certain diagnoses, such as metastatic cancer, leukemia, diabetes, epilepsy, and sickle cell anemia. The first Health Pool policies were effective February 1, 1998. An extensive preferred provider network is utilized by the Pool. In addition, a prescription drug benefit is included with the policy. Participants can select a $500 deductible package, a $1,000 deductible package, a $2,500 deductible package or a $5,000 deductible package. Premium rates are based on deductible plan, age, sex, area of the State, and smoking status. Effective January 1, 2004, the Pool’s rates were set at two times the Standard Rate. At present, premiums for children up to age 18 range from $121 per month to $549 per month. Benefits include inpatient and outpatient care and are limited to $1.5 million over a lifetime. Children are eligible for Pool coverage, either as eligible Pool applicants or as dependents of eligible Pool applicants.
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The Community Access To Child Health (CATCH) Program is a program of the American Academy of Pediatrics (AAP) designed to improve access to health care by supporting pediatricians and communities that are involved in community-based efforts for children. The CATCH program provides pediatricians with training; technical assistance and resources; peer support and networking opportunities; and funding opportunities. A variety of funding opportunities are available, including implementation funds, planning funds, and resident funds. The Implementation Funds program supports pediatricians in the initial and/or pilot stage of developing and implementing a community-based child health initiative. Implementation funds are supported by Hasbro Children’s Foundation, Ronald McDonald House of Charities, CVS Pharmacy, and AAP. The Planning Funds program offers grants to pediatricians to develop community-based initiatives that increase children’s access to medical homes or to specific health services not otherwise available. The program is supported by a grant from Wyeth, with additional support provided by the AAP Friends of Children Fund, and the American Academy of Pediatric Dentistry Foundation. Resident funds are available for pediatric residents planning community-based child health initiatives, and are supported by grants from the Irving Harris Foundation and the AAP Friends of Children Fund, with additional support provided by the American Academy of Pediatric Dentistry Foundation. Projects have included providing health care services for children living in the colonias (rural developments along the Texas-Mexico border that frequently may not have basic amenities such as running water) and case management for very low birth weight babies.
The Healthy Tomorrows Partnership for Children Program is a collaborative grant of the federal Maternal and Child Health Bureau and the AAP for local entities, such as local health departments, county hospital districts, and community health centers that are supported in part with state funds to increase access to health services for mothers and children. Projects include providing direct health care, prevention of sexually transmitted disease among minority youth, and improving the health status of medically indigent, low birth weight infants. Two public programs identify children who could benefit from a private- public partnership. The Texas Medicaid program, through the Health Insurance Premium Payment (HIPP) Program, pays health insurance premiums for Medicaid eligible children. HIPP works with other state agencies, private employers, and private health coverage providers to ensure that Medicaid eligible children are able to take advantage of health coverage to which they have access. Given the broader scope of Medicaid benefits relative to the typical defined benefits package, children are able to take advantage of both public and private resources in receiving the services they need.
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The Texas Title V Program for Children with Special Health Care Needs (CSHCN) has a similar program that pays private health coverage premiums when doing so is cost effective for CSHCN and when the family is unable to afford the premiums. This program serves children with family incomes up to 200 percent of FPL.
2.3. Describe the procedures the state uses to accomplish coordination of CHIP with other public and private health insurance programs, sources of health benefits coverage for children, and relevant child health programs, such as Title V, that provide health care services for low-income children to increase the number of children with creditable health coverage. (Previously 4.4.5.) (Section 2102)(a)(3) and 2102(c)(2) and 2102(b)(3)(E)) (42CFR 457.80(c))
Linkages established with other public/private health insurance partnerships provide opportunities for collaboration and mutually supportive operations.
Coordination with Medicaid is achieved through coordinated outreach efforts and a joint children’s application. Outreach efforts are coordinated through contracts with local, community-based organizations (CBOs). The CBOs were selected based on their local expertise and experience with low-income populations. CHIP enrollment information is routinely shared with Texas’ Title V agency in order to coordinate program benefits. Texas’ CHIP coordination efforts are ongoing, but appear successful, as Texas’ CHIP enrollment growth rate was at one time among the fastest in the nation.
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Section 3. Methods of Delivery and Utilization Controls (Section 2102)(a)(4))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue on to Section 4.
3.1. Describe the methods of delivery of the child health assistance using Title XXI funds to targeted low-income children. Include a description of the choice of financing and the methods for assuring delivery of the insurance products and delivery of health care services covered by such products to the enrollees, including any variations. (Section 2102)(a)(4) (42CFR 457.490(a))
Child health benefits are delivered solely through managed care models, including a managed care organization (MCO) model and an exclusive provider organization (EPO) model used primarily in rural areas of the State. CHIP Dental services are delivered through a prepaid ambulatory health plan (PAHP). In the MCO and EPO models, the State contracts to deliver health care services, relying on managed care principles that will include a service manager or coordinator or “medical home” and utilization controls on inpatient hospital and certain other services in the case of the MCO model and the latter only in the case of the EPO. The MCO and EPO models are subject to the same CHIP state and federal laws.
The CHIP procurement of health plan services is aligned with Medicaid to improve continuity of care. Enrollees are given a choice of at least two plans whenever possible, and Medicaid plans are given extra consideration in the procurement of CHIP health plans.
The State ensures that federally qualified health centers (FQHCs) and rural health clinics (RHCs) receive the full Medicaid encounter rate for services rendered to CHIP Members on or after October 1, 2009, consistent with section 1902(bb) and section 2107(e)(1)(I) of the Social Security Act.
The rate-setting methodologies for FQHCs and RHCs are set out below: a.) FQHCs An FQHC will be reimbursed for a visit for CHIP-covered services if the visit is a face-to-face encounter between an FQHC patient and a physician, physician assistant, nurse practitioner, certified nurse-midwife, visiting nurse, psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist.
Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
• After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or
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17 Effective Date: January 1, 2023
Approval Date:
• The FQHC patient has a medical visit and an “other” health visit.
An “other” health visit includes a face-to-face encounter between an FQHC patient and a psychologist, clinical social worker, other health professional for mental health services, dentist, dental hygienist, or optometrist, as well as an Early and Periodic Screening, Diagnostic and Treatment medical checkup.
An FQHC is reimbursed a full Medicaid encounter rate for all CHIP-covered services. The full Medicaid encounter rate is calculated using one of two prospective payment methodologies: the Prospective Payment System (PPS) Methodology or the Alternative Prospective Payment System (APPS) Methodology. Each FQHC selects the payment methodology it prefers in a signed, written document.
An MCO or dental maintenance organization will pay to an FQHC the FQHC’s full Medicaid encounter rate for covered services. The State will reimburse the MCO the difference between the amount the MCO paid the FQHC and the amount the MCO has contracted to pay the FQHC. The State’s supplemental payment obligation to the MCO will be determined by subtracting the baseline payment under the contract for services being provided from the Medicaid encounter rate without regard to the effects of financial incentives that are linked to utilization outcomes, reductions in patient costs or bonuses. If the contracted amount paid to an FQHC by an MCO or dental maintenance organization is less than the amount the FQHC would receive under PPS or APPS, whichever applies, the State will ensure the FQHC is reimbursed the difference on at least a quarterly basis.
If the FQHC disagrees with the results of the review or rate, the FQHC may request a formal appeal.
b.) RHCs
Each RHC is reimbursed a full Medicaid encounter rate calculated using the PPS methodology.
An RHC will be reimbursed for a visit for a CHIP-covered service if the visit is a face-to-face encounter between an RHC patient and a physician, physician assistant, advanced nurse practitioner, certified nurse-midwife, visiting nurse, or clinical nurse practitioner.
Encounters with more than one health professional and multiple encounters with the same health professional that take place on the same day and at a single location constitute a single visit unless:
• After the first encounter, the patient suffers illness or injury requiring additional diagnosis or treatment; or • The RHC patient has a medical visit and an “other” health visit.
An “other” health visit includes a face-to-face encounter between an RHC patient and a clinical social worker.
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An RHC is paid in full by the MCO and the MCO is paid as part of the MCO’s HHSC contracted capitation rate. The State does not make supplemental payments to an RHC unless the RHC is underpaid for a valid claim and has pursued all appeals with the MCO. The State will ensure the RHC is reimbursed the difference on at least a quarterly basis. By signing the contract with the MCO, the RHC indicates agreement with the payment methodology.
3.2. Describe the utilization controls under the child health assistance provided under the plan for targeted low-income children. Describe the systems designed to ensure that enrollees receiving health care services under the state plan receive only appropriate and medically necessary health care consistent with the benefit package described in the approved state plan. (Section 2102)(a)(4) (42CFR 457.490(b))
Under the HMO/EPO model, plans are required to provide the range of children’s health services for a contracted per member/per month cost determined through actuarial analysis. The state monitors utilization of HMO/EPO services as part of its overall monitoring program. Please see section 7 for more information on the state’s monitoring efforts.
The HMO model includes a number of utilization management controls. Inpatient hospital stays and other services determined by the Medical Director are subject to prospective review for medical necessity and appropriateness of proposed care before services can be rendered. Clients are required to obtain authorized referrals from their primary care providers to other professional providers. The state or its designee also conduct retrospective utilization review activities to examine services to clients directly provided by the network’s primary care provider specialty, services performed with authorization, and other services such as emergency room services. The same controls are used in the EPO model, except that the EPO operates without a gatekeeper function being performed by the HMO model’s PCP.
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Section 4. Eligibility Standards and Methodology. (Section 2102(b))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 5.
TX RESPONSE: Please see approved CS3 template.
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4.1. The following standards may be used to determine eligibility of targeted low-income children for child health assistance under the plan. Please note whether any of the following standards are used and check all that apply. If applicable, describe the criteria that will be used to apply the standard. (Section 2102)(b)(1)(A)) (42CFR 457.305(a) and 457.320(a))
TX RESPONSE: Please see approved CS18 template.
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These standards are used for Texas CHIP: 4.1.1. Geographic area served by the Plan: Eligible children throughout the state will receive services. 4.1.2. Age: Children through the age of 18 years will be eligible. 4.1.2.1 Age: For unborn children, coverage can begin from the confirmation of pregnancy and enrollment in CHIP Perinatal Program. 4.1.3. Income: Children whose countable family income (gross income minus all eligible childcare expenses) is at or below 200 percent of FPL will be eligible.
TX RESPONSE: Please see approved CS7, CS9 and CS14 templates.
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4.1.4. Resources (including any standards relating to spend downs and disposition of resources): Family resources are not taken into account in the determination of eligibility for children at or below 150 percent of FPL.
Not applicable
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4.1.5. Residency (so long as residency requirement is not based on length of time in state): Children must be residents of Texas to be eligible for services.
TX RESPONSE: Please see approved CS17 template.
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4.1.6. Disability Status (so long as any standard relating to disability status does not restrict eligibility): Not applicable. 4.1.7. Access to or coverage under other health coverage: The application form asks for information on the insurance status of children making application. Children with existing health insurance are denied eligibility for Texas CHIP. Unborn children with existing health insurance are denied eligibility for Texas CHIP. 4.1.8. Duration of eligibility: Eligible children in the traditional CHIP Program with incomes at or below 185 FPL receive coverage for 12 continuous months. Eligible children in the traditional CHIP Program with incomes above 185 percent of FPL receive coverage for up to 12 months and are required to verify income eligibility at month six of their 12-month CHIP coverage period. Eligible unborn children receive coverage for 12 continuous months, except when labor with delivery is paid for by Medicaid and the newborn is deemed eligible for Medicaid.
TX RESPONSE: Please see approved CS27 template.
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4.1.9. Other standards (identify and describe): Immigration status: children who are legal residents but have not passed the five year bar are enrolled at the cost of the State.
TX RESPONSE: Please see approved CS19 template.
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4.1.10. Check if the State is electing the option under section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) to provide coverage to the following children as specified below who are lawfully residing in the United States, and consist of the following: A child shall be considered lawfully present if he or she is:
(1) A qualified alien as defined in section 431 of PRWORA (8 U.S.C. §1641); (2) An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; (3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings; (4) An alien who belongs to one of the following classes:
(i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively);
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization;
(iii) Aliens who have been granted employment authorization under 8 CFR 274a,12(c)(9), (10), (16) (18), (20), (22), or (24);
(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status; or
(vii) Aliens whose visa petition has been approved and who have a pending application for adjustment of status;
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(5) A pending applicant for asylum under section 208(a) of the INA (8 U, S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U,S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;
(6) An alien who has been granted withholding of removal under the Convention Against Torture;
(7) A child who has a pending application for Special Immigrant Juvenile status as described in section 10 1 (a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J));
(8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or
(9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
The State elects the CHIPRA section 214 option for children up to age 19. The State elects the CHIPRA section 214 option for pregnant women through the 60-day postpartum period.
TX RESPONSE: Please see approved CS18 template.
4.2. The state assures that it has made the following findings with respect to the eligibility standards in its plan: (Section 2102)(b)(1)(B)) (42CFR 457.320(b))
4.2.1. These standards do not discriminate on the basis of diagnosis. 4.2.2. Within a defined group of covered targeted low-income children, these standards do not cover children of higher income families without covering children with a lower family income. 4.2.3. These standards do not deny eligibility based on a child having a pre- existing medical condition.
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4.3. Describe the methods of establishing eligibility and continuing enrollment. (Section 2102)(b)(2)) (42CFR 457.350)
TX RESPONSE: Please see approved CS24, CS15 and CS10 templates.
In the event of a FEMA- or Governor- declared disaster, the State will notify CMS of the intent to provide temporary adjustments to its eligibility and enrollment policies, the effective dates of such adjustments, and the counties/ areas impacted by the disaster.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, enrollees may be granted eligibility and receive services beyond their certification period and may be provided additional time to submit a renewal or verification.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, eligibility verification requirements may be waived at application and renewal. The state may allow self-attestation to complete the eligibility determination, in accordance with 42 CFR 457.380.
In the event of a FEMA- or Governor- declared disaster and at the State’s discretion, the State may waive or delay collection of enrollment fees in accordance with Sections 8.2.1 and 8.2.3.
4.3.1 Describe the state’s policies governing enrollment caps and waiting lists (if any). (Section 2106(b)(7)) (42CFR 457.305(b)) Check here if this section does not apply to your state.
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4.4. Describe the procedures that assure that:
4.4.1. Through the screening procedures used at intake and follow-up eligibility determination, including any periodic redetermination, that only targeted low-income children who are ineligible for Medicaid or not covered under a group health plan or health insurance coverage (including access to a state health benefits plan) are furnished child health assistance under the state child health plan. (Sections 2102(b)(3)(A) and 2110(b)(2)(B)) (42 CFR 457.310(b) (42CFR 457.350(a)(1)) 457.80(c)(3))
TX RESPONSE: Please see approved CS24 template.
4.4.2. The Medicaid application and enrollment process is initiated and facilitated for children found through the screening to be potentially eligible for medical assistance under the state Medicaid plan under Title XIX. (Section 2102)(b)(3)(B)) (42CFR 457.350(a)(2))
4.4.3. The State is taking steps to assist in the enrollment in CHIP of children determined ineligible for Medicaid. (Sections 2102(a)(1) and (2) and 2102(c)(2)) (42CFR 431.636(b)(4))
TX RESPONSE: Please see approved CS10 template.
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4.4.4 The insurance provided under the state child health plan does not substitute for coverage under group health plans. Check the appropriate box. (Section 2102)(b)(3)(C)) (42CFR 457.805) (42 CFR 457.810(a)-(c))
TX RESPONSE: Please see approved CS20 template.
4.4.4.1. Coverage provided to children in families at or below 200 percent FPL: describe the methods of monitoring substitution.
4.4.4.2. Coverage provided to children in families over 200 percent and up to 250 percent FPL: describe how substitution is monitored and identify specific strategies to limit substitution if levels become unacceptable.
4.4.4.3. Coverage provided to children in families above 250 percent FPL: describe how substitution is monitored and identify specific strategies in place to prevent substitution. 4.4.4.4. If the state provides coverage under a premium assistance program, describe:
The minimum period without coverage under a group health plan, including any allowable exceptions to the waiting period.
The minimum employer contribution. The cost-effectiveness determination.
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4.4.5 Child health assistance is provided to targeted low-income children in the state who are American Indian and Alaska Native. (Section 2102)(b)(3)(D)) (42 CFR 457.125(a))
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Section 5. Outreach (Section 2102(c))
Describe the procedures used by the state to accomplish:
Outreach to families of children likely to be eligible for child health assistance or other public or private health coverage to inform them of the availability of the programs, and to assist them in enrolling their children in such a program: (Section 2102(c)(1)) (42CFR 457.90)
Historical Background Outreach in the first two years of TexCare, which was the State’s generic outreach campaign for Children’s Medicaid and CHIP, focused on a statewide media/marketing campaign focused on a call-to-action to families to call the TexCare hotline or send in a written application; direct application assistance by TexCare’s CBOs’ outreach staff; and mass dissemination of information about the program. These strategies were appropriate for the "start-up" phase, as the challenge was to reach hundreds of thousands of unidentified families eligible for children's health insurance.
TexCare was designed to outreach on behalf of both Children’s Medicaid and CHIP. However, because CHIP was a new and separately financed program that offered the first-ever opportunity of coverage to hundreds of thousands of families, much of the focus of state and local stakeholders has been on assuring the achievement of the ambitious CHIP "start-up" goal. Now that CHIP has been successfully launched, Texas is entering a new outreach phase that is dominated by the need to promote renewal and appropriate utilization of services. The Medicaid focus of the outreach effort has been sharpened with the implementation of SB 43, 77th Legislature, Regular Session, 2001, which is state legislation simplifying Children’s Medicaid. This legislation benefits many families because it mandates that the application and enrollment process for Children’s Medicaid-eligible families is as seamless, simple, and transparent as that enjoyed by CHIP-eligible families.
Texas’ call-to-action outreach efforts in the first two years of the program have not stopped. In 2006, however, the TexCare logo was retired and replaced with CHIP/Children’s Medicaid as the State integrated the applications for CHIP and Children’s Medicaid into one application form. With the implementation of HB 109, 80th Legislature, Regular Session, 2007, the outreach focus shifted to include the permanent incorporation of CHIP/Children’s Medicaid information in systems (e.g., schools, emergency rooms, provider offices, pharmacies) in the community and the perpetuation and appropriate utilization of existing coverage.
In all aspects of implementing CHIP/Children’s Medicaid, Texas has learned from the experience of other states. A review of that experience suggests that a broadening of Texas’ strategy was appropriate. By diversifying beyond mass information dissemination and direct application assistance, the program will benefit
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from: • increasing the efficiency of efforts to identify and target under-served populations; • broadening and incorporating automatic information dissemination systems within organizations that have frequent contact with families; • increasing the emphasis on all aspects of disease and disability prevention; • communicating the fact that, through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; and • emphasizing family maintenance of health care coverage and appropriate utilization of services.
Other states' experience also shows that the program and the enrolled children benefit when efforts are made to keep enrolled children in health care coverage when their first period of eligibility expires.
Based on this experience, the State adopted the following goals for the next phase of outreach for CHIP/Children’s Medicaid:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals and mass communications to reach eligible families; • mass media messages and activities by CHIP/Children’s Medicaid contracted CBOs and health plans shifting primary emphasis from a call-to-action to the idea that through CHIP/Children’s Medicaid, families can afford to keep their children healthy and protected in the event of illness; • increased emphasis on activities by CHIP/Children’s Medicaid CBOs and stakeholders to place CHIP/Children’s Medicaid information in the hands of families at times and places in which they are likely to be motivated by and interested in the information; • activities by CHIP/Children’s Medicaid CBOs and stakeholders to work within organizations that have regular contact with families (e.g. emergency rooms, provider offices, pharmacies, schools) to set in place automatic and recurring "systems" to inform families and help them apply for health care coverage through CHIP/Children’s Medicaid; and • continued activities to support enrollee families in successfully completing their annual renewal process, involving health plans, the administrative services contractor, and CHIP/Children’s Medicaid CBOs.
Outreach has become more strategic in nature as Texas has sought to work with entities in all sectors of the community to broaden and institutionalize the message to include the value of insurance, the importance of renewal, and education on appropriate utilization of services.
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Outreach strategies will result in the identification of non-Medicaid eligible pregnant women whose unborn children may be eligible for this program.
Based on previous experience, the State will develop:
• a long-term, integrated communication plan that includes coordinated community-based and statewide initiatives; • an appropriate level of call-to-action through broad appeals; • increased emphasis on activities by CBOs and stakeholders to place information in the hands of women at times and places in which they are likely to be motivated by and interested in the information; and • activities by CBOs and stakeholders to work within organizations that have regular contact with pregnant women such as provider offices.
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Section 6. Coverage Requirements for Children’s Health Insurance (Section 2103)
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the State’s Medicaid plan, and continue on to Section 7.
6.1. The state elects to provide the following forms of coverage to children: (Check all that apply.) (42CFR 457.410(a)) 6.1.1. Benchmark coverage; (Section 2103(a)(1) and 42 CFR 457.420) 6.1.1.1. FEHBP-equivalent coverage; (Section 2103(b)(1)) (If checked, attach copy of the plan.) 6.1.1.2. State employee coverage; (Section 2103(b)(2)) (If checked, identify the plan and attach a copy of the benefits description.) 6.1.1.3. HMO with largest insured commercial enrollment (Section 2103(b)(3)) (If checked, identify the plan and attach a copy of the benefits description.)
6.1.2 Benchmark-equivalent coverage; (Section 2103(a)(2) and 42 CFR 457.430) Specify the coverage, including the amount, scope and duration of each service, as well as any exclusions or limitations. Please attach a signed actuarial report that meets the requirements specified in 42 CFR 457.431. See instructions.
6.1.3. Existing Comprehensive State-Based Coverage; (Section 2103(a)(3) and 42 CFR 457.440) [Only applicable to New York; Florida; Pennsylvania] Please attach a description of the benefits package, administration, date of enactment. If an existing comprehensive state-based coverage is modified, please provide an actuarial opinion documenting that the actuarial value of the modification is greater than the value as of 8/5/97 or one of the benchmark plans. Describe the fiscal year 1996 state expenditures for an existing comprehensive state-based coverage.
6.1.4. Secretary-Approved Coverage. (Section 2103(a)(4)) (42 CFR 457.450) 6.1.4.1. Coverage the same as Medicaid State plan 6.1.4.2. Comprehensive coverage for children under a Medicaid Section 1115 demonstration project 6.1.4.3. Coverage that either includes the full EPSDT benefit or that the state has extended to the entire Medicaid population
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6.1.4.4. Coverage that includes benchmark coverage plus additional coverage 6.1.4.5. Coverage that is the same as defined by existing comprehensive state-based coverage 6.1.4.6. Coverage under a group health plan that is substantially equivalent to or greater than benchmark coverage through a benefit by benefit comparison (Please provide a sample of how the comparison will be done) 6.1.4.7. Other (Describe) The state elects to provide a basic set of health care benefits that are focused on primary health care needs and that contain the cost of the benefit package. Specific covered services are described in Section 6.2 below.
6.2. The state elects to provide the following forms of coverage to children: (Check all that apply. If an item is checked, describe the coverage with respect to the amount, duration and scope of services covered, as well as any exclusions or limitations) (Section 2110(a)) (42CFR 457.490)
6.2.1. Inpatient services (Section 2110(a)(1)) Covered, medically necessary inpatient services are unlimited and include, but are not limited to: Semi-private room and board (or private if medically necessary as certified by attending); general nursing care; ICU and services; patient meals and special diets; operating, recovery and other treatment rooms; anesthesia and administration (facility technical component); surgical dressings, trays, casts, splints, drugs, medications and biologicals; X-rays, imaging and other radiological tests (facility technical component); laboratory and pathology services (facility technical component); machine diagnostic tests (EEGs, EKGs, etc); oxygen services and inhalation therapy; radiation and chemotherapy; access to DSHS- designated Level III perinatal centers or hospitals meeting equivalent levels of care; hospital-provided physician services (facility technical component); and, in-network or out-of-network facility and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section. Exclusions and Limitations include: Infertility treatments or reproductive services other than prenatal care, labor and delivery, and care related to disease, illnesses, or abnormalities related to the reproductive system; personal comfort items including but not limited to personal care kits provided on inpatient admission, telephone,
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6.2.2. television, newborn infant photographs, meals for guests of patient, and other articles which are not required for the specific treatment of sickness or injury; experimental and/or investigational medical, surgical or other health care procedures or services which are not generally employed or recognized within the medical community; treatment or evaluations required by third parties including, but not limited to, those for schools, employment, flight clearance, camps, insurance or court; custodial care; mechanical organ replacement devices, including, but not limited to artificial heart; private duty nursing services when performed on an inpatient basis; and, hospital services and supplies when confinement is solely for diagnostic testing purposes, unless otherwise pre-authorized by the Health Plan. The health plan may require prior authorization for: non-emergency care and following stabilization of an emergency condition; and, for in-network or out-of-network facility and physician services for a mother and her newborn(s) after 48 hours following an uncomplicated vaginal delivery and after 96 hours following an uncomplicated delivery by caesarian section. CHIP Perinatal Program: • Inpatient facility services are not a covered benefit for unborn children at or below 198 percent of the Federal Poverty Level (FPL). Once the child is born, they will receive full CHIP benefits. • Covered medically necessary inpatient services are limited to labor and delivery until birth for unborn children. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient services (Section 2110(a)(2)) Covered, medically necessary outpatient services are unlimited and include, but are not limited to, the following services provided in a hospital clinic, a clinic or health center, hospital-based emergency department or an ambulatory health care setting: X-ray, imaging, and radiological tests (technical component); laboratory and pathology services (technical component); machine diagnostic tests; ambulatory surgical facility services; drugs, medications and biologicals; casts, splints, dressings; preventive health services; physical occupational and speech therapy; renal dialysis; respiratory services; radiation and chemotherapy; and blood or blood products (if not provided free-of- charge to the patient) and the administration of these products. Exclusions and Limitations include: The health plan may require prior authorization and physician prescription for outpatient services.
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6.2.3. CHIP Perinatal Program: • Covered, medically necessary outpatient services for the unborn child are limited to those outpatient services that directly relate to prenatal or postpartum care and/or the delivery of the covered unborn child until birth. • Outpatient observation is a covered benefit under the CHIP Perinatal Program. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age confirmation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Physician services (Section 2110(a)(3)) Covered, medically necessary physician and physician extender services are unlimited and include, but are not limited to, the following: American Academy of Pediatrics recommended well-child exams and preventive health services (including but not limited to vision and hearing screening and immunizations); physician office visits; inpatient and outpatient services; laboratory, x-rays, imaging and pathology services and professional interpretation; medications, biologicals and materials administered in the physician’s office; allergy testing, serum and injections; (in/outpatient) surgical services, including surgeons for surgical procedures including appropriate follow-up care, administration of anesthesia by physician (other than surgeon) or CRNA, second surgical opinions, same-day surgery performed in a hospital without an over-night stay; invasive diagnostic procedures such as endoscopic examination; hospital-based physician services (including physician-performed technical and interpretative components); and, in-network and out-of-network physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section. Exclusions to physician services include: infertility treatments, prostate and mammography screening; reproductive services other than prenatal care, labor and delivery, and care related to diseases, illnesses, or abnormalities related to the reproductive system; elective surgery to correct vision; gastric procedures for weight loss; cosmetic
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surgery/services solely for cosmetic purposes; cut-of-network services not authorized by the Health Plan except for emergency care and physician services for a mother and her newborn(s) for a minimum of 48 hours following an uncomplicated vaginal delivery and 96 hours following an uncomplicated delivery by caesarian section; services, supplies, meal replacements or supplements provided for weight control or the treatment of obesity, except for the services associated with the treatment for morbid obesity as part of a treatment plan approved by the Health Plan; acupuncture services, naturopathy and hypnotherapy; immunizations solely for foreign travel; routine foot care such as hygienic care; and diagnosis and treatment of weak, strained, or flat feet and the cutting or removal of corns, calluses and toenails (this does not apply to the removal of nail roots or surgical treatment of conditions underlying corns, calluses or ingrown toenails).
The Health Plan may require prior authorization for specialty physician services.
6.2.4. CHIP Perinatal Program: • Covered, medically necessary physician services are limited to prenatal and postpartum care and/or the delivery of the covered unborn child until birth. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis.
Surgical services (Section 2110(a)(4)). Covered, unlimited medically necessary surgical services, and limitations and exclusions to surgical services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary surgical services for the unborn child are limited to services that directly relate to the delivery of the unborn child enrolled in the program until birth. • Coverage for the CHIP Perinatal newborn is the same as
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6.2.5. 6.2.6. coverage for traditional CHIP clients.
Clinic services (including health center services) and other ambulatory health care services. (Section 2110(a)(5)) Covered, unlimited medically necessary clinic services (including health center services) and other ambulatory health care services, and limitations and exclusions to these services are described under outpatient services.
CHIP Perinatal Program: • Covered, medically necessary clinic services for the unborn child are limited to prenatal and postpartum care and/or the delivery of the unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Amniocentesis, Cordocentrsis, and FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Prescription drugs (Section 2110(a)(6)) Open formulary based on the Texas Medicaid Program open formulary. Covered, unlimited medically necessary prescription drugs include non-experimental, FDA-approved physician-prescribed drugs that are prescribed for the medical treatment of illness or injuries.
Exclusions include: contraceptive medications prescribed only for the purpose of primary and preventive reproductive health care, and medications for weight loss or gain. The state will require prior authorization for selected drugs. The state will also implement a preferred drug list (with provisions for medically necessary exceptions) and may establish a four-prescription limit on brand name drugs and a thirty-four day supply limit, if determined to be cost effective. Medically necessary exceptions will also apply to both of these limits.
CHIP Perinatal Program: • Covered medically necessary prescription and injection drugs
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are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.7. 6.2.8. 6.2.9. Over-the-counter medications (Section 2110(a)(7))
Laboratory and radiological services (Section 2110(a)(8)) Covered, unlimited, medically necessary laboratory and radiological services, and limitations and exclusions to laboratory and radiological services are described under inpatient, outpatient, and physician services.
CHIP Perinatal Program: • Covered, medically necessary laboratory and radiological services for the unborn child are limited to services that directly relate to antepartum care and/or the delivery of the covered unborn child until birth. • Ultrasound of the pregnant uterus is a covered benefit of the CHIP Perinatal Program when medically indicated. Ultrasound may be indicated for suspected genetic defects, high-risk pregnancy, fetal growth retardation, or gestational age conformation. • Amniocentesis, Cordocentesis, Fetal Intrauterine Transfusion (FIUT) and Ultrasonic Guidance for Cordocentesis, FIUT are covered benefits of the CHIP Perinatal Program with an appropriate diagnosis. • Laboratory tests for the unborn child are limited to: nonstress testing, contraction stress testing, hemoglobin or hematocrit, or complete blood count (CBC), urinanalysis, blood type and Rh antibody screen, rubella antibody titer, serology for syphilis, hepatitis B surface antigen, cervical cytology, pregnancy test, gonorrhea test, urine culture, sickle cell test, tuberculosis (TB) test, human immunodeficiency virus (HIV) antibody screen, Chlamydia test, other laboratory tests not specified but deemed medically necessary, and multiple marker screens for neural tube defects (if the client initiates care between 16 and 20 weeks). • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. Prenatal care and prepregnancy family services and supplies (Section 2110(a)(9)) Covered, unlimited prenatal care and medically necessary care related to diseases, illnesses, or abnormalities related to the reproductive
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system, and limitations and exclusions to these services are described under inpatient, outpatient, and physician services.
6.2.10. Primary and preventive health benefits do not include pre-pregnancy family reproductive services and supplies, or prescription medications prescribed only for the purpose of primary and preventive reproductive health care. CHIP Perinatal Program: • Prenatal care and prepregnancy family services and supplies are limited to an initial visit and subsequent prenatal (antepartum) care visits that include: one visit every four weeks for the first 28 weeks of pregnancy; one visit every two to three weeks from 28 to 36 weeks of pregnancy; and one visit per week from 36 weeks to delivery. More frequent visits are allowed as medically necessary. • Limit of 20 prenatal visits and two postpartum visits (maximum within 60 days) without documentation of a complication of pregnancy. More frequent visits may be necessary for high-risk pregnancies. High-risk obstetrical visits are not limited to 20 visits per pregnancy. Documentation supporting medical necessity must be maintained in the physician’s files and is subject to retrospective review. • Subsequent visits must include: interim history (problems, marital status, fetal status), physical examination (weight, blood pressure, fundal height, fetal position and size, fetal heart rate, extremities) and laboratory tests (urinanalysis for protein and glucose every visit; hematocrit or hemoglobin repeated once a trimester and at 32-36 weeks of pregnancy; multiple marker screen for fetal abnormalities offered at 16 to 20 weeks of pregnancy; repeat antibody screen for Rh negative women at 28 weeks followed by Rho immune globulin administration if indicated; screen for gestational diabetes at 24 to 28 weeks of pregnancy; and other lab tests as indicated by medical condition of client). • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Inpatient mental health services, other than services described in 6.2.18, but including services furnished in a state-operated facility and including residential or other 24-hour therapeutically planned structural services (Section 2110(a)(10))
Covered, medically necessary inpatient mental health services include, but are not limited to, mental health services furnished in a
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free-standing psychiatric hospital, psychiatric units of general acute care hospitals and state-operated facilities, as well as neuropsychological and psychological testing.
When inpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
Prior authorization may be required for non-emergency inpatient mental health services; however, PCP referral is not required.
6.2.11. CHIP Perinatal Program: • Inpatient mental health services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient mental health services, other than services described in 6.2.19, but including services furnished in a state-operated facility and including community-based services. (Section 2110(a)(11) Covered, medically necessary outpatient mental health services include, but are not limited to, mental health services provided on an outpatient basis, neuropsychological and psychological testing, medication management, rehabilitative day treatments, residential treatment services, sub-acute outpatient services (partial hospitalization or rehabilitative day treatment), and skills training (psycho-educational skills development).
When outpatient psychiatric services are ordered by a court of competent jurisdiction under the provisions of Chapters 573 and 574 of the Texas Health and Safety Code, relating to court-ordered commitments to psychiatric facilities, the court order serves as a binding determination of medical necessity. Any modification or termination of services must be presented to the court with jurisdiction over the matter for determination.
The visits can be furnished in a variety of community-based settings (including school and home-based settings) or in a state-operated facility.
Prior authorization may be required for outpatient mental health
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services; however, these services do not require PCP referral.
6.2.12. CHIP Perinatal Program: • Outpatient mental health benefits are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Durable medical equipment and other medically related or remedial devices (such as prosthetic devices, implants, eyeglasses, hearing aids, dental devices, and adaptive devices) (Section 2110(a)(12)) Covered services includes durable medical equipment (DME) (equipment which can withstand repeated use, and is primarily and customarily used to serve a medical purpose, generally is not useful to a person in the absence of illness, injury or disability, and is appropriate for use in the home), and other medically-related or remedial devices that are medically necessary and necessary for one or more activities of daily living, and appropriate to assist in the treatment of a medical condition. These devices include, but are not limited to: orthotic braces and orthotics; prosthetic devices such as artificial eyes, limbs and braces; prosthetic eyeglasses and contact lenses for the management of severe opthomological disease; hearing aids; other artificial aides including surgical implants.
DME and other medically related or remedial devices are for a 12- month coverage period. Limitations include: $20,000 per 12-month coverage period limit for DME, prosthetics, devices, and disposable medical supplies (implantable devices and diabetic supplies and equipment are not counted against this cap).
Exclusions include: Replacement or repair of prosthetic devices and DME due to misuse, abuse, or loss when confirmed by the member or the vendor; corrective orthopedic shoes; convenience items; diagnosis and treatment of flat feet; routine refractory services and glasses/contacts; and orthotics primarily used for athletic or recreational purposes.
The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • DME or other medically related remedial devices are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
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6.2.13. 6.2.14. Disposable medical supplies (Section 2110(a)(13)) Covered benefits include diagnosis-specific disposable medical supplies, including diagnosis-specific prescribed specialty formulas and dietary supplements. However, coverage is limited to formulas prescribed for chronic hereditary metabolic disorders, a non-function or disease of the structures that normally permit food to reach the small bowel; or malabsorption due to disease (expected to last longer than 60 days when prescribed by the physician and authorized by the Health Plan) are covered. Limitations and exclusions: Disposable medical supplies are included under the $20,000 limit per term of coverage Durable Medical Equipment cap; however, diabetic supplies and equipment are exempted from this cap. CHIP Perinatal Program • Disposable medical supplies are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Home and community-based health care services (See instructions) (Section 2110(a)(14)) Covered, medically necessary home and community-based health care services include, but are not limited to: Speech, physical, and occupational therapy; home infusion; respiratory therapy; skilled nursing visits as defined for home health purposes (may include R.N. or L.V.N.); home health aide services, when provided under the supervision of a R.N. and included as part of a plan of care during a period that skilled visits have been approved. Limitations and exclusions to home and community-based health care services are: Excludes custodial care that assists a child with the activities of daily living and does not require the continuing attention of trained medical or paramedical personnel; excludes services intended to replace the child's caretaker or to provide relief for the caretaker; skilled nursing visits are provided on an intermittent level and are not intended to provide 24-hour skilled nursing services; services are for blocks of time and are not intended to replace 24-hour inpatient or skilled nursing facility services; excludes housekeeping services; excludes public facility services and care for conditions that federal, state, or local law requires be provided in a public facility or care provided while in the custody of legal authorities; excludes services or supplies received from a nurse, which do not require the skill and training of a nurse.
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The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Home and community-based health care services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. 6.2.15. Nursing care services (See instructions) (Section 2110(a)(15)) Covered, unlimited medically necessary nursing care services include home visits for private duty nursing (R.N., L.V.N., block of time) The health plan may require prior authorization and physician prescription.
CHIP Perinatal Program: • Nursing care services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
6.2.16. Abortion only if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest (Section 2110(a)(16)
6.2.17. Dental services (Section 2110(a)(17)) The state will provide dental coverage to children through one of the following (Section 2103(a)(5)):
6.2.17.1 State Dental Benefit Package. The State assures coverage of dental services from each of the following categories:
1. Diagnostic (must follow periodicity schedule); 2. Preventive (must follow periodicity schedule); 3. Restorative; 4. Endodontic; 5. Periodontic; 6. Prosthodontic; 7. Oral and Maxillofacial; 8. Orthodontics; and 9. Emergency Dental Services.
Covered services are subject to dental necessity requirements and include: oral evaluations, routine checkups, x-rays, cleanings, topical fluoride, sealants, space maintainers, fillings, crowns/caps,
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pulpotomy/pulpectomy, root canals, gingivectomy/gingivoplasty, periodontal scaling, debridement, dentures, extractions, surgical extractions, orthodontic services (limited to pre- and post-surgical orthodontic services to treat craniofacial anomalies requiring surgical intervention), and emergency dental services. The dental benefit covers up to $564 annually per CHIP member. Limitations to dental services are limited to a 12-month coverage period. Emergency dental services are not subject to the dental benefit limit and do not count toward a CHIP member’s benefit limit. Exceptions to the $564 annual benefit maximum are:
(1) the preventative services identified in the 2009 American Academy of Pediatric Dentistry periodicity schedule (Volume 32, Issue Number 6, at pp. 93-100); and
(2) other medically necessary services approved through a prior authorization process. These services must be necessary to allow a plan member to return to normal, pain and infection-free oral functioning. Typically this includes:
• Services related to the relief of significant pain or to eliminate acute infection; • Services related to treat traumatic clinical conditions; • Services that allow a patient to attain the basic human functions (e.g. eating, speech, etc.); and • Services that prevent a condition from seriously jeopardizing one’s health/functioning or deteriorating in an imminent timeframe to a more serious and costly dental problem.
CHIP Perinatal Program: • Dental services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients. 6.2.17.1.1 Periodicity Schedule. Please select and include a description. Medicaid American Academy of Pediatric Dentistry recommendations for age appropriate dental care including but not limited to: clinical oral evaluations, cleanings and topical fluoride treatment, x-rays, caries-risk assessment, sealants,
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and treatment for dental disease and injury. Other Nationally recognized periodicity schedule: (Please Specify)
6.2.17.2. Benchmark coverage; (Section 2103(c)(5), 42 CFR 457.410 and 42 CFR 457.420) States must, in accordance with 42 CFR 457.410, provide coverage for dental services necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions if these services are not provided in the chosen benchmark package.
6.2.17.3. FEHBP-equivalent coverage; (Section 2103(c)(5)(C)(i)) (If checked, attach a copy of the dental supplemental plan benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.4. State employee coverage; (Section 2103(c)(5)(C)(ii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.17.5. HMO with largest insured commercial enrollment (Section 2103(c)(5)(C)(iii)) (If checked, identify the plan and attach a copy of the benefits description and the applicable CDT codes. If the necessary dental services are not provided, please also include a description of, and the CDT code(s) for, the required service(s).)
6.2.18. Inpatient substance abuse treatment services and residential substance abuse treatment services (Section 2110(a)(18)) Covered, medically necessary services include, but are not limited to: inpatient and residential substance abuse treatment services including detoxification and crisis stabilization, and 24-hour residential rehabilitation programs.
Prior authorization may be required for nonemergency services; however, PCP referral is not required.
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6.2.19. 6.2.20. CHIP Perinatal Program: • Inpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Outpatient substance abuse treatment services (Section 2110(a)(19)) Medically necessary outpatient substance abuse treatment services include, but are not limited to, prevention and intervention services that are provided by physician and non-physician providers, such as screening, assessment, and referral for chemical dependency disorders; intensive outpatient services; and partial hospitalization. Intensive outpatient services is defined as an organized non- residential service providing structured group and individual therapy, educational services, and life skills training which consists of at least 10 hours per week for four to 12 weeks, but less than 24 hours per day. Outpatient treatment services is defined as consisting of at least one to two hours per week providing structured group and individual therapy, educational services, and life skills training.
These services do not require a PCP referral, but prior authorization may be required. CHIP Perinatal Program: • Outpatient substance abuse treatment services and residential substance abuse treatment services are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Case management services (Section 2110(a)(20)) Medically necessary case management services above and beyond those normally provided to all members are covered for Children with Complex Special Health Care Needs. These covered services include outreach, informing, intensive case management, care coordination and community referral. State-certified Community Health Workers, also known as promotora(s), are utilized in target areas to focus education to under- served populations. The program aims to bridge social, economic and cultural gaps to provide information about effective utilization of CHIP and preventive care to enrolled families. Delivery of Community Health Worker training and services are designed to improve preventive care in CHIP.
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6.2.21. 6.2.22. 6.2.23. CHIP Perinatal Program: • Case management services are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Care coordination services (Section 2110(a)(21))
CHIP Perinatal Program: • Care coordination services are a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders (Section 2110(a)(22)) Covered, medically necessary habilitation (the process of supplying a child with the means to reach age-appropriate developmental milestones through therapy or treatment) and rehabilitation services include, but are not limited to physical, occupational, and speech therapy and developmental assessment.
Reimbursement for school-based services is not covered, except for therapy services ordered by the PCP. The health plan may require authorization and physician prescription. CHIP Perinatal Program: • Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders are not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Hospice Care (Section 2110 (a) (23)) Covered, medically necessary hospice services include, but are not limited to, palliative care, including medical and support services, for those children who have six months or less to live, to keep patients comfortable during the last weeks and months before death. Treatment for unrelated conditions is unaffected.
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Hospice care services are for a six-month coverage period. Limitations include: Services apply only to the hospice diagnosis; limited to a maximum of 120 days with a six-month life expectancy; and, patients electing hospice may cancel this election at any time.
The health plan may require authorization and physician prescription.
6.2.24. CHIP Perinatal Program: • Hospice care is not a covered benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Any other medical, diagnostic, screening, preventive, restorative, remedial, therapeutic, or rehabilitative services. (See instructions) (Section 2110(a)(24))
Skilled Nursing Facility (including Rehabilitation Hospital) Services Covered, medically necessary skilled nursing facility and rehabilitation hospital services include, but are not limited to, semi- private room and board; regular nursing services; rehabilitation services; and medical supplies and use of appliances and equipment furnished by the facility. Skilled nursing facility services are for a 12- month coverage period. Coverage is limited to 60 days per 12-month coverage period. Private duty nurses, television and custodial care are excluded. The health plan may require authorization and physician prescription.
CHIP Perinatal Program: • Skilled nursing facility and rehabilitation hospital services are not covered a benefit for the unborn child. • Coverage for the CHIP Perinatal newborn is the same as coverage for traditional CHIP clients.
Emergency Services including Emergency Hospitals and Physician Covered, medically necessary services include: emergency services based on prudent layperson definition of emergency health condition; hospital emergency department room and ancillary services and physician services 24 hours a day, seven days a week, both by in-network and out-of-network providers; medical screening examination; stabilization services; emergency dental coverage for a dislocated jaw, traumatic damage to teeth, removal of cysts, and treatment of oral abscess of tooth or gum origin; and access to designated Level I and Level II trauma centers or hospitals meeting equivalent levels of care for emergency services. The health plan cannot require authorization as a condition for
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The state requires all CHIP Health Plans to develop and maintain a Quality Improvement Program (QIP) system that complies with federal regulations relating to Quality Assurance systems, and state insurance department regulations. Each Health Plan QIP must be approved by the state. Health Plans must conduct focused health studies in areas established by the state. All aspects of the health plans QIP will be monitored by the state. The state will also perform ongoing medical record reviews, and retrospective medical record reviews for health plans.
7.2. Describe the methods used, including monitoring, to assure: (2102(a)(7)(B)) (42CFR 457.495)
As a means of measuring accessibility, the state has established standard ratios of full-time equivalent PCPs to CHIP beneficiaries and full-time board certified/board eligible pediatricians to CHIP beneficiaries.
Network managers are required to ensure that primary care providers (PCP) are located no more than 30 miles from any member, unless approved by the state. Members are generally not required to travel in excess of 75 miles to secure initial contact with referral specialists; special hospitals, psychiatric hospitals; diagnostic and therapeutic services; and single service health care physicians or providers except when approved by the state. Networks must include pediatricians and physicians with pediatric experience that is adequate to provide eligible children and adolescents with the full scope of benefits.
Network managers are required to demonstrate their ability to monitor network capacity and member access to needed services throughout the geographic service area in order to maintain the adequacy of the network. Managers need to maintain systems for monitoring patient load so that they can effectively plan for future needs and recruit providers as necessary to assure adequate access to primary care and specialty care. Health plan are also required to routinely monitor and ensure the after-hours availability and accessibility of PCPs.
The state requires that networks provide access to urgent care within 24 hours of request and routine care within 2 weeks of request. The state also requires that networks provide medically necessary emergency services 24 hours a day, seven days a week, either by access to the PCP or after-hours coverage through the Health Plan’s network facilities, or through reimbursement of out-of-network providers.
Networks are required to maintain a toll-free member hotline 24 hours a day, seven days a week for obtaining assistance in accessing services.
The state tracks network utilization controls and will monitor inpatient admissions, emergency room use, ancillary, and out-of-area services for CHIP network clients.
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7.2.1 Access to well-baby care, well-child care, well-adolescent care and childhood and adolescent immunizations. (Section 2102(a)(7)) (42CFR 457.495(a)) SEE 7.1 7.2.2 Access to covered services, including emergency services as defined in 42 CFR §457.10. (Section 2102(a)(7)) (42CFR 457.495(b)) SEE 7.2
7.2.3 Appropriate and timely procedures to monitor and treat enrollees with chronic, complex, or serious medical conditions, including access to an adequate number of visits to specialists experienced in treating the specific medical condition and access to out-of-network providers when the network is not adequate for the enrollee’s medical condition. (Section 2102(a)(7)) (42CFR 457.495(c))
The state monitors the status of children with special health care needs through quarterly reviews of encounter data and periodic surveys of the CHIP families. When deficiencies are identified, among particular plans, corrective action plans are implemented.
7.2.4 Decisions related to the prior authorization of health services are completed in accordance with state law or, in accordance with the medical needs of the patient, within 14 days after the receipt of a request for services. (Section 2102(a)(7)) (42CFR 457.495(d))
The state assures decisions related to the prior authorization of health services are completed in accordance with state law by reviewing quarterly member and provider complaint reports, conducting spot audits and completing, with the state's EQRO, a periodic Quality of Care Survey of members.
CHIP health plans are subject to state commercial insurance statutes and regulations regarding utilization review, which contain requirements as stringent as federal provisions.
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Section 8. Cost-sharing and Payment (Section 2103(e))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan, and continue on to Section 9.
8.1. Is cost-sharing imposed on any of the children covered under the plan? (42 CFR 457.505) Indicate if this also applies for pregnant women. (CHIPRA #2, SHO # 09-006, issued May 11, 2009)
8.1.1.
Yes 8.1.2.
No, skip to question 8.8.
8.1.1-PW
Yes 8.1.2-PW
No, skip to question 8.8.
Guidance: It is important to note that for families below 150 percent of poverty, the same limitations on cost sharing that are under the Medicaid program apply. (These cost-sharing limitations have been set forth in Section 1916 of the Social Security Act, as implemented by regulations at 42 CFR 447.50 - 447.59). For families with incomes of 150 percent of poverty and above, cost sharing for all children in the family cannot exceed 5 percent of a family's income per year. Include a statement that no cost sharing will be charged for pregnancy-related services. (CHIPRA #2, SHO # 09-006, issued May 11, 2009) (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2. Describe the amount of cost-sharing, any sliding scale based on income, the group or groups of enrollees that may be subject to the charge by age and income (if applicable) and the service for which the charge is imposed or time period for the charge, as appropriate. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b) and (c), 457.515(a) and (c))
8.2.1.
Premiums:
8.2.2.
Deductibles:
8.2.3.
Coinsurance or copayments: Cost-Sharing Enrollment Fees (for 12-month enrollment period): Charge At or below 151 % of FPL $0 Above 151% up to and including 186% of FPL $35 Above 186% up to and including 201% of FPL $50 Co-Pays (per visit): At or below 100% of FPL Charge Office Visit* $3 Non-Emergency ER $3 Generic Drug $0 Brand Drug $3 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient $15 Above 100% up to and including 151% of FPL Charge Office Visit* $5 Non-Emergency ER $5 Generic Drug $0
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Model Application Template for the State Children’s Health Insurance Program 101 Effective Date: January 1, 2023 Approval Date: Brand Drug $5 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $35 Above 151% up to and including 186% of FPL Charge Office Visit* $20 Non-Emergency ER $75 Generic Drug $10 Brand Drug $25 for insulin, $35 for all other drugs**$$35 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $75 Above 186% up to and including 201% of FPL Charge Office Visit* $25 Non-Emergency ER $75 Generic Drug $10 Brand Drug $25 for insulin, $35 for all other drugs**$$35 Cost-sharing Cap 5% (of family’s income) Facility Co-pay, Inpatient (per admission) $125 *The office visit co-payment amounts also apply to non-preventive dental visits. **Copays for insulin cannot exceed $25 per prescription for a 30-day supply. See Section 8.8 for details. In this section, "insulin" means a prescription drug that contains insulin and is used to treat diabetes. The term does not include an insulin drug that is administered to a patient intravenously. Pursuant to the provisions of Texas Insurance Code Chapter 1358, Subchapter C, copays for insulin cannot exceed $25 per prescription for a 30-day supply, regardless of the amount or type of insulin needed to fill the prescription. 8.2.4. Other: 8.2-DS Supplemental Dental (CHIPRA # 7, SHO # #09-012 issued October 7, 2009) For children enrolled in the dental- only supplemental coverage, describe the amount of cost-sharing, specifying any sliding scale based on income. Also describe how the State will track that the cost sharing does not exceed 5 percent of gross family income. The 5 percent of income calculation shall include all cost-sharing for health insurance and dental insurance. (Section 2103(e)(1)(A)) (42 CFR 457.505(a), 457.510(b), and (c), 457.515(a) and (c), and 457.560(a)) Please update Sections 1.1-DS, 4.1-DS, 4.2-DS, 6.2-DS, and 9.10 when electing this option. 8.2.1-DS Premiums: 8.2.2-DS Deductibles: 8.2.3-DS Coinsurance or copayments: 8.2.4-DS Other:
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8.3. Describe how the public will be notified, including the public schedule, of this cost sharing (including the cumulative maximum) and changes to these amounts and any differences based on income. (Section 2103(e)(1)(A)) (42 CFR 457.505(b))
Texas Health and Human Services will update CHIP policy changes on the HHSC website. CHIP members will also receive notifications from their health plan.
Guidance: The State should be able to demonstrate upon request its rationale and justification regarding these assurances. This section also addresses limitations on payments for certain expenditures and requirements for maintenance of effort.
8.4. The State assures that it has made the following findings with respect to the cost sharing in its plan: (Section 2103(e))
8.4.1.
Cost-sharing does not favor children from higher income families over lower income families. (Section 2103(e)(1)(B)) (42 CFR 457.530) 8.4.2.
No cost-sharing applies to well-baby and well-child care, including age-appropriate immunizations. (Section 2103(e)(2)) (42 CFR 457.520) 8.4.3
No additional cost-sharing applies to the costs of emergency medical services delivered outside the network. (Section 2103(e)(1)(A)) (42 CFR 457.515(f))
8.4.1- MHPAEA There is no separate accumulation of cumulative financial requirements, as defined in 42 CFR 457.496(a), for mental health and substance abuse disorder benefits compared to medical/surgical benefits. (42 CFR 457.496(d)(3)(iii))
8.4.2- MHPAEA If applicable, any different levels of financial requirements that are applied to different tiers of prescription drugs are determined based on reasonable factors, regardless of whether a drug is generally prescribed for medical/surgical benefits or mental health/substance use disorder benefits. (42 CFR 457.496(d)(3)(ii)(A))
8.4.3- MHPAEA Cost sharing applied to benefits provided under the State child health plan will remain capped at five percent of the beneficiary’s income as required by 42 CFR 457.560 (42 CFR 457.496(d)(3)(i)(D)).
8.4.4- MHPAEA Does the State apply financial requirements to any mental health or substance use disorder benefits? If yes, specify the classification(s) of benefits in which the State applies financial requirements on any mental health or substance use disorder benefits.
Yes As of July 1, 2022, CHIP copayments do not apply to MH/SUD office visits and residential treatment services. Copayments are applied to inpatient care, and prescription drugs. There is an income-based cap on out-of-pocket maximums. The out‐of‐pocket maximum is an aggregate cap per 12‐month term of coverage that is based on 5 percent of a family’s income that is applied across all income groups. This out‐of‐pocket maximum is cumulative and is not applied separately for MH/SUD and M/S benefits.
No Guidance: For the purposes of parity, financial requirements include deductibles, copayments, coinsurance, and out of pocket maximums; premiums are excluded from the definition. If the state does not apply financial requirements on any mental health or substance use disorder
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benefits, the state meets parity requirements for financial requirements. If the state does apply financial requirements to mental health or substance use disorder benefits, the state must conduct a parity analysis. Please continue below.
Please ensure that changes made to financial requirements under the State child health plan as a result of the parity analysis are also made in Section 8.2.
8.4.5- MHPAEA Does the State apply any type of financial requirements on any medical/surgical benefits?
Yes No Guidance: If the State does not apply financial requirements on any medical/surgical benefits, the State may not impose financial requirements on mental health or substance use disorder benefits.
8.4.6- MHPAEA Within each classification of benefits in which the State applies a type of financial requirement on any mental health or substance use disorder benefits, the State must determine the portion of medical and surgical benefits in the class which are subject to the limitation.
The State assures it has applied a reasonable methodology to determine the dollar amounts used in the ratio described above (Section 6.2.5.2-MHPAEA) for each classification or within which the State applies financial requirements to mental health or substance use disorder benefits. (42 CFR 457.496(d)(3)(i)(E))
Guidance: Please include the state’s methodology and results of the parity analysis as an attachment to the State child health plan.
8.4.7- MHPAEA For each type of financial requirement applied to any mental health or substance use disorder benefits within a given classification, does the State apply the same type of financial requirement to at least two-thirds (“substantially all”) of all the medical/surgical benefits within the same classification? (42 CFR 457.496(d)(3)(i)(A))
Yes No Guidance: If the State does not apply a type of financial requirement to substantially all medical/surgical benefits in a given classification of benefits, the State may not impose financial requirements on mental health or substance use disorder benefits in that classification. (42 CFR 457.496(d)(3)(i)(A))
8.4.8- MHPAEA For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State must determine the predominant level (as defined in 42 CFR 457.496(d)(3)(i)(B)) of that type which is applied to medical/surgical benefits in the classification. For each type of financial requirement applied to substantially all medical/surgical benefits in a classification, the State assures:
The same reasonable methodology applied in determining the dollar amounts used in determining whether substantially all medical/surgical benefits within a classification are subject to a type of financial requirement also is applied in determining the dollar amounts used to determine the predominant level of a type of financial requirement applied to medical/surgical benefits within a classification. (42 CFR 457.496(d)(3)(i)(E))
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The level of each type of financial requirement applied by the State to mental health or substance use disorder benefits in any classification is no more restrictive than the predominant level of that type which is applied by the State to medical/surgical benefits within the same classification. (42 CFR 457.496(d)(2)(i)) Guidance: If there is no single level of a type of financial requirement that exceeds the one-half threshold, the State may combine levels within a type of financial requirement such that the combined levels are applied to at least half of all medical/surgical benefits within a classification; the predominant level is the least restrictive level of the levels combined to meet the one-half threshold. (42 CFR 457.496(d)(3)(i)(B)(2))
8.5. Describe how the State will ensure that the annual aggregate cost-sharing for a family does not exceed 5 percent of such family’s income for the length of the child’s eligibility period in the State. Include a description of the procedures that do not primarily rely on a refund given by the State for overpayment by an enrollee: (Section 2103(e)(3)(B)) (42CFR 457.560(b) and 457.505(e))
8.6. Describe the procedures the State will use to ensure American Indian (as defined by the Indian Health Care Improvement Act of 1976) and Alaska Native children will be excluded from cost-sharing. (Section 2103(b)(3)(D)) (42 CFR 457.535)
8.7. Provide a description of the consequences for an enrollee or applicant who does not pay a charge. (42 CFR 457.570 and 457.505(c))
Guidance: Section 8.7.1 is based on Section 2101(a) of the Act provides that the purpose of title XXI is to provide funds to States to enable them to initiate and expand the provision of child health assistance to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage for children.
8.7.1. Provide an assurance that the following disenrollment protections are being applied:
Guidance: Provide a description below of the State’s premium grace period process and how the State notifies families of their rights and responsibilities with respect to payment of premiums. (Section 2103(e)(3)(C))
8.7.1.1.
State has established a process that gives enrollees reasonable notice of and an opportunity to pay past due premiums, copayments, coinsurance, deductibles or similar fees prior to disenrollment. (42 CFR 457.570(a))
8.7.1.2.
The disenrollment process affords the enrollee an opportunity to show that the enrollee’s family income has declined prior to disenrollment for non-payment of cost-sharing charges. (42 CFR 457.570(b))
8.7.1.3.
In the instance mentioned above, that the State will facilitate enrolling the child in Medicaid or adjust the child’s cost-sharing category as appropriate. (42 CFR 457.570(b))
8.7.1.4
The State provides the enrollee with an opportunity for an impartial review to address disenrollment from the program. (42 CFR 457.570(c))
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8.8 The state assures that it has made the following findings with respect to the payment aspects of its plan: (Section 2103(e)) 8.9.1. No Federal funds will be used toward state matching requirements. (Section 2105(c)(4)) (42CFR 457.220)
8.9.2. No cost sharing (including premiums, deductibles, co-pays, coinsurance and all other types) will be used toward state matching requirements. (Section 2105(c)(5) (42CFR 457.224) (Previously 8.4.5)
8.9.3. No funds under this title will be used for coverage if a private insurer would have been obligated to provide such assistance except for a provision limiting this obligation because the child is eligible under this title. (Section 2105(c)(6)(A)) (42CFR 457.626(a)(1))
8.9.4. Income and resource standards and methodologies for determining Medicaid eligibility are not more restrictive than those applied as of June 1, 1997. (Section 2105(d)(1)) (42CFR 457.622(b)(5))
8.9.5. No funds provided under this title or coverage funded by this title will include coverage of abortion except if necessary to save the life of the mother or if the pregnancy is the result of an act of rape or incest. (Section 2105)(c)(7)(B)) (42CFR 457.475) NOT COVERED.
8.9.6. No funds provided under this title will be used to pay for any abortion or to assist in the purchase, in whole or in part, for coverage that includes abortion (except as described above). (Section 2105)(c)(7)(A)) (42CFR 457.475) NOT COVERED.
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Section 9. Strategic Objectives and Performance Goals and Plan Administration (Section 2107)
9.1. Describe strategic objectives for increasing the extent of creditable health coverage among targeted low-income children and other low-income children: (Section 2107(a)(2)) (42CFR 457.710(b))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
9.2. Specify one or more performance goals for each strategic objective identified: (Section 2107(a)(3)) (42CFR 457.710(c))
Strategic Objective 1: Provide Increased Access to Health Care Coverage for the New CHIP-Enrolled Texas Children in Families with Income at or below 200% of Poverty.
Performance Goal A: Compare annual data of the number and percent of children enrolled in CHIP to the estimated number of potentially CHIP eligible children in the state.
Performance Goal B: Track participation by county, age, and racial/ethnic groups.
Strategic Objective 2: Provide Increased Preventive and Primary Health Care Services to new CHIP-Enrolled Texas Children.
Performance Goal A: Track number and percentage of CHIP-coverage children with completed immunizations at end of middle school (approximately 12-14 years of age).
Performance Goal B: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Strategic Objective 3: Provide Improved Health Outcomes for New CHIP-Enrolled Texas Children through Appropriate Utilization of Health Care Resources.
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Performance Goal A: Track number and percentage of CHIP-coverage children receiving well child checkups by county, age, and racial/ethnic groups.
Performance Goal B: Track number and percentage of CHIP-coverage children receiving emergency services by county and age.
Performance Goal C: Track number and percentage of CHIP-coverage children having hospital discharges by county and age.
9.3. Describe how performance under the plan will be measured through objective, independently verifiable means and compared against performance goals in order to determine the state’s performance, taking into account suggested performance indicators as specified below or other indicators the state develops: (Section 2107(a)(4)(A), (B)) (42CFR 457.710(d))
The strategic objectives and performance goals of the Title XXI CHIP program have been initiated for the first biennium based on the principal desire of the state to plan and implement a successful CHIP program in Texas. In order to be successful, the program design includes significant attention to outreach, eligibility determination, enrollment, and the participation of providers and children.
The state developed four strategic objectives to measure access, service provision, quality of care and health resources utilization as a means of evaluating the health status of children in the CHIP program. Data have been obtained from managed care plans, medical records and surveys. Health plan patient-level encounter data have been analyzed using case-mix adjustment process, including the Chronic Illness and Disability Payment System (CDPS) and Ambulatory Care Groups (ACGs) frameworks. In addition, the state has used encounter data to assess health plan performance on child and adolescent HEDIS measures. The state has also completed three enrollee surveys, including a survey of New Enrollees, Disenrollees, Established Enrollees Consumer Assessment of Health Plans Survey (CAHPS) of each health plan by service area.
Check the applicable suggested performance measurements listed below that the state plans to use: (Section 2107(a)(4))
9.3.1. The increase in the percentage of Medicaid-eligible children enrolled in Medicaid.
9.3.2. The reduction in the percentage of uninsured children. 9.3.3. The increase in the percentage of children with a usual source of care.
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9.3.4. The extent to which outcome measures show progress on one or more of the health problems identified by the state. 9.3.5. HEDIS Measurement Set relevant to children and adolescents younger than 19. 9.3.6. Other child appropriate measurement set. List or describe the set used. 9.3.7. If not utilizing the entire HEDIS Measurement Set, specify which measures will be collected, such as: 9.3.7.1. Immunizations 9.3.7.2. Well-child care 9.3.7.3. Adolescent well visits 9.3.7.4. Satisfaction with care (Surveys) 9.3.7.5. Mental health 9.3.7.6. Dental care 9.3.7.7. Other, please list: 9.3.8. Performance measures for special targeted populations. [Children with Special Health Care Needs (CSHCN) Screener questions included in Surveys]
9.4. The state assures it will collect all data, maintain records and furnish reports to the Secretary at the times and in the standardized format that the Secretary requires. (Section 2107(b)(1)) (42CFR 457.720)
9.5. The state assures it will comply with the annual assessment and evaluation required under Section 10. Briefly describe the state’s plan for these annual assessments and reports. (Section 2107(b)(2)) (42CFR 457.750)
Texas will develop the necessary data sources and baselines with which to assess and evaluate program performance consistent with Title XXI requirements and the requirements of day-to-day program management.
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HHSC will dedicate staff or contracted resources to review program performance and develop strategies for improvement
9.6. The state assures it will provide the Secretary with access to any records or information relating to the plan for purposes of review of audit. (Section 2107(b)(3)) (42CFR 457.720)
9.7. The state assures that, in developing performance measures, it will modify those measures to meet national requirements when such requirements are developed. (42CFR 457.710(e))
9.8. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: Section 2107(e)) (42CFR 457.135)
9.8.1. Section 1902(a)(4)(C) (relating to conflict of interest standards) 9.8.2. Paragraphs (2), (16) and (17) of Section 1903(i) (relating to limitations on payment)
9.8.3. Section 1903(w) (relating to limitations on provider donations and taxes)
9.8.4. Section 1132 (relating to periods within which claims must be filed) 9.9. Describe the process used by the state to accomplish involvement of the public in the design and implementation of the plan and the method for insuring ongoing public involvement. (Section 2107(c)) (42CFR 457.120(a) and (b))
The state has actively sought the involvement of the public in the development of the Texas CHIP Phase II program through numerous avenues. The Lieutenant Governor established the Senate Interim Committee on Children’s Health Insurance in March 1998, which heard extensive testimony during the summer from the public on the policy options and recommendations for CHIP. The Texas House Committee on Appropriations and the Texas House Committee on Public Health also participated in joint public hearings on CHIP with the Senate Interim Committee. Hearings were widely publicized through the Texas Register, media advisories, Internet web sites, and targeted mailings to advocacy groups. State agency representatives have met on a regular basis with legislative staff to gain legislative input on the development of draft proposals.
In addition to legislative public hearings, the Health and Human Services Commission, in collaboration with the Texas Department of Health, the Texas Department of Human Services, and the Texas Department of Mental Health and
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Mental Retardation held 10 public hearings around the state throughout the fall of 1998 and early in 1999. The state made a concerted effort to attract families, providers, health officials, advocates, community-based organizations, and other community representatives to these hearings, specifically by working with state and local CHIP Coalitions representing a broad range of consumer and provider interests. Public hearings were held in late afternoon – early evening to better allow family members to attend. The state also hosted local discussions at each of the public hearing sites to establish community linkages and gain community input on local outreach strategies and other topics in a more informal setting. Local advisory groups are used to provide ongoing direction and input on outreach strategies for Texas CHIP.
A number of advocacy groups in Texas formed the CHIP Coalition in Spring 1998. State representatives meet regularly with the CHIP Coalition, making presentations on various aspects of the program design and seeking feedback throughout the development process. The state used the CHIP Coalition to provide input and guidance on program components as Texas CHIP was implemented. The State also meets with the Disability Policy Consortium, which represents statewide disability advocacy groups, to discuss developments in Texas CHIP.
State representatives meet with state provider organizations, such as the Texas Medical Association and the Texas Hospital Association. State staff present at numerous provider conferences and meetings. Continued involvement of these organizations is essential in the operation of Texas CHIP.
Public involvement in implementation of Texas CHIP was ensured through state agencies’ rule-making processes and through public participation in outreach efforts. In addition, regional advisory committees with broad representation across provider and consumer groups and including parents of CHIP enrollees were formed to provide advice on program policy, management, and outreach.
9.9.1 Describe the process used by the state to ensure interaction with Indian Tribes and organizations in the state on the development and implementation of the procedures required in 42 CFR §457.125. (Section 2107(c)) (42CFR 457.120(c))
HHSC requires health plans and dental plans to seek participation in its provider network from the tribal health clinics.
American Indian and Alaska Native children are exempt from cost sharing.
9.9.2 For an amendment relating to eligibility or benefits (including cost sharing and enrollment procedures), please describe how and when prior public notice was provided as required in §457.65 (b) through (d).
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CHIP Program changes related to the time period for payment of cost sharing obligations – This amendment increases the amount of time that enrollees have to pay the enrollment fee upon renewal of their coverage. Prior public notice was provided through:
❑ Posting of a notice in the Texas Register regarding the submission of the CHIP state plan amendment, including contact information to obtain a copy of the amendment.
CHIP Program Changes related to extension of coverage for Prenatal Care and Associated Health Care Services:
❑ Public input was sought through meetings with interested stakeholders such as the Texas Hospital Association, the Texas CHIP Coalition, and the Texas Association of Health Plans. ❑ Eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee and the Texas Health and Human Services Commission Agency Council. ❑ Public testimony was taken at both meetings, and an additional public hearing was held on November 1, 2005. ❑ Public notice was also submitted to the Texas Register.
CHIP Program Changes related to HB 109, 80th Legislature, Regular Session, 2007:
❑ Public testimony on H.B. 109 was received during legislative hearings held on March 1, 2007, March 8, 2007, and May 17, 2007. ❑ Public input was sought through meetings with interested stakeholders, including the meeting with the Texas CHIP Coalition on June 8, 2007. Additional public input was sought through a meeting with the Texas CHIP Coalition on June 15, 2007. ❑ Proposed eligibility and cost-sharing rules were presented to members of the Medical Care Advisory Committee on June 14, 2007, and to the Texas Health and Human Services Commission Council on June 21, 2007. Both meetings were open to the public. ❑ The eligibility and cost sharing rules were published in the Texas Register on July 6, 2007, with a 30-day public comment period. ❑ A public hearing was held on the proposed rules on July 19, 2007. ❑ A public notice was submitted to the Texas Register in July 2007 regarding the State’s intent to submit the state plan amendment to CMS. The public will be able to request copies of the proposed state plan amendment.
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CHIP income exemption for temporary census employees:
❑ A public notice was submitted to the Texas Register for publication in September 2008 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the three Native American tribes in Texas in September 2008. ❑ Notification was provided to the Texas CHIP Coalition in September 2008.
CHIP eligibility expansion for Qualified Aliens:
❑ A public notice was submitted to the Texas Register for publication in May 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the three Native American tribes in Texas in May 2010. ❑ Notification was provided to stakeholders, including the Texas CHIP Coalition in May 2010. CHIP changes for hospice care:
❑ A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the Native American tribes in Texas in August 2010. ❑ Notification was provided to the Texas CHIP Coalition in August 2010. CHIP Perinatal Program to deem newborns to Medicaid for 12 continuous months of coverage if the family income is at or below 185 percent of FPL:
❑ Public notice was mailed to interested stakeholders on April 13, 2010. ❑ Public notice of the proposed amendment was published in the Texas Register on April 23, 2010. The public can request copies of the state plan amendment. ❑ Proposed eligibility rules were presented to the Texas Health and Human Services Commission Council in a meeting held on April 29, 2010. This meeting was open to the public. ❑ Notification was provided to the three Native American tribes in
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Texas in August 2010.
CHIP method of finance change to provide federal matching funds for the children of public school employees:
❑ A public notice was submitted to the Texas Register for publication in January 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the three Native American tribes in Texas in January 2011. ❑ Notification was provided to the Texas CHIP Coalition in January 2011.
CHIP changes for behavioral health benefits and cost-sharing:
❑ A public notice was submitted to the Texas Register for publication in August 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the three Native American tribes in Texas in September 2010. ❑ Notification was provided to the Texas CHIP Coalition in September 2010.
CHIP change to provide federal matching funds for public employee children:
❑ A public notice was submitted to the Texas Register for publication in June 2011 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the three Native American tribes in Texas in June 2011. ❑ Notification was provided to the Texas CHIP Coalition in June 2011.
CHIP dental program and cost-sharing changes: ❑ A public notice was submitted to the Texas Register for publication in October 2010 regarding the State’s intent to submit the state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Notification was provided to the three Native American tribes in Texas in October 2010. ❑ Notification was provided to the Texas CHIP Coalition in October 2010.
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❑ The Texas Dental Association was provided notice in October 2010. ❑ A public notice was submitted to the Texas Register for publication in July 2011 regarding the State’s intent to submit a revised state plan amendment to CMS. The public was able to request copies of the proposed state plan amendment. ❑ Updated notification was provided to the three Native American tribes in Texas in July 2011. ❑ Updated notification was provided to the Texas CHIP Coalition in July 2011. ❑ The Texas Dental Association was provided updated notice in July 2011.
CHIP eligibility changes pertaining to the Affordable Care Act for MAGI eligibility and methods: ❑ A public notice was submitted to the Texas Register for publication on February 28, 2014, regarding the State’s intent to submit the state plan amendment to CMS. ❑ Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for Medicaid expansion: ❑ A public notice was submitted to the Texas Register for publication on April 4, 2014, regarding the State’s intent to submit the state plan amendment to CMS. ❑ Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for section 2101 (f) Group Establishment: ❑ A public notice was submitted to the Texas Register for publication on April 11, 2014, regarding the State’s intent to submit the state plan amendment to CMS. ❑ Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for eligibility process: ❑ A public notice was submitted to the Texas Register for publication on December 27, 2013, regarding the State’s intent to submit the state plan amendment to CMS. ❑ Notification was provided to the Indians Health Programs in Texas
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and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP eligibility changes pertaining to the Affordable Care Act for Non- Financial Eligibility: ❑ A public notice was submitted to the Texas Register for publication on April 11, 2014, regarding the State’s intent to submit the state plan amendment to CMS. ❑ Notification was provided to the Indians Health Programs in Texas and the Urban Inter-Tribal Center of Texas on September 4, 2013.
CHIP Eligibility changes pertaining to enrollment and cost continent: ❑ A public notice was submitted to the Texas Register for publication on January 20, 2017 regarding the State’s intent to submit the state plan amendment to CMS. ❑ Notification was provided to the three federally-recognized tribes in Texas and the Urban Inter-Tribal Center of Texas on March 21, 2017.
9.10. Provide a one year projected budget. A suggested financial form for the budget is attached. The budget must describe: (Section 2107(d)) (42CFR 457.140)
❑ Planned use of funds, including -- - Projected amount to be spent on health services; - Projected amount to be spent on administrative costs, such as outreach, child health initiatives, and evaluation; and - Assumptions on which the budget is based, including cost per child and expected enrollment.
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Projected sources of non-Federal plan expenditures, including any requirements for cost-sharing by enrollees
CHIP Budget Plan Federal Fiscal Year 2017 Costs Enhanced FMAP rate (state share) 0.0767 Benefit Costs Managed Care Premiums Per member/per month rate times the number of eligibles CHIP 944,341,167 Per member/per month rate times the number of eligibles Medicaid* 111,340,169 Fee for Service: Prescription Drugs CHIP 0 Prescription Drugs Medicaid* 0 Total Benefit Costs 1,055,681,336 (Offsetting beneficiary cost sharing payments) (4,666,965) Net Benefit Costs 1,051,014,371 Administration Costs Eligibility Enrollment and Outreach 49,089,848 Other Administration 25,600,599 Subtotal 74,690,447 Total Administration Costs 74,690,447 10% Administrative Cost Ceiling (benefits-cost share)/9) 116,779,375 Federal Share (multiplied by EFMAP rate) 1,039,363,259 State Share 86,341,560 TOTAL PROGRAM COSTS 1,125,704,818
Notes: The Federal Fiscal Year (FFY) runs from October 1st through September 30th. Members per Month and PMPM assumptions are derived from the FFY17 updated Fall forecast. Client Service cost include HMO/EPO Premiums, Dental, Vaccines, and Prescription Drugs. Prescription Drugs were included in managed care premiums beginning in March 2012.
Average Monthly Caseload for Federally-Funded CHIP (Traditional): FFY 2017 = 379,586. The PMPM assumptions are $133.66 for premiums, $25.80 for Dental, and $5.53 for Vaccines.
Average Monthly Caseload for the Federally-Funded CHIP Perinate program: FFY 2017 = 34,862. The PMPM assumptions are $460.81 for premiums, $0.01 for dental, and $0.13 for vaccines.
Average Monthly Caseload for Qualified Aliens in Medicaid (using Title XXI): FFY 2017 = 26,340. The PMPM assumption is $157.13 for premiums.
Average Monthly Caseload for CHIP clients under 138% FPIL (using Title XXI): FFY2017 = 253,927. The PMPM assumption is $20.24 for premiums.
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Assumptions:
Benefit costs represent payments to health providers for providing health care services to CHIP enrollees. These cost estimates are based upon the yearly mean average of enrollees and the average cost per enrollee per month. Administration costs represent the cost of eligibility determination and enrollment services, outreach, quality assurance efforts by the agency, audits, and actuarial work.
Section 10. Annual Reports and Evaluations (Section 2108)
10.1. Annual Reports. The state assures that it will assess the operation of the state plan under this Title in each fiscal year, including: (Section 2108(a)(1), (2)) (42CFR 457.750) 10.1.1. The progress made in reducing the number of uncovered low- income children and report to the Secretary by January 1 following the end of the fiscal year on the result of the assessment, and
10.2. The state assures it will comply with future reporting requirements as they are developed. (42CFR 457.710(e))
10.3. The state assures that it will comply with all applicable Federal laws and regulations, including but not limited to Federal grant requirements and Federal reporting requirements.
10.3.1. The state assures that it will submit yearly the approved dental benefit package and submit quarterly the required information on dental providers in the state to the Human Resources and Services Administration for posting on the Insure Kids Now! website.
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Section 11. Program Integrity (Section 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state's Medicaid plan, and continue to Section 12.
11.1 The state assures that services are provided in an effective and efficient manner through free and open competition or through basing rates on other public and private rates that are actuarially sound. (Section 2101(a)) (42CFR 457.940(b))
11.2. The state assures, to the extent they apply, that the following provisions of the Social Security Act will apply under Title XXI, to the same extent they apply to a state under Title XIX: (Section 2107(e)) (42CFR 457.935(b)) The items below were moved from section 9.8. (Previously items 9.8.6. - 9.8.9)
11.2.1. 42 CFR Part 455 Subpart B (relating to disclosure of information by providers and fiscal agents)
11.2.2. Section 1124 (relating to disclosure of ownership and related information)
11.2.3. Section 1126 (relating to disclosure of information about certain convicted individuals)
11.2.4. Section 1128A (relating to civil monetary penalties) 11.2.5. Section 1128B (relating to criminal penalties for certain additional charges)
11.2.6. Section 1128E (relating to the National health care fraud and abuse data collection program)
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Section 12. Applicant and enrollee protections (Sections 2101(a))
Check here if the state elects to use funds provided under Title XXI only to provide expanded eligibility under the state’s Medicaid plan.
Eligibility and Enrollment Matters
12.1 Please describe the review process for eligibility and enrollment matters that complies with 42 CFR §457.1120. The HHSC review process is a program specific review, consisting of an impartial review performed by an HHSC unit that is separate from the unit that determines eligibility, as described below.
In 2007, the HHSC Request for Review unit was formed, consisting of a manager and ten review specialists. This unit works independently from the enrollment broker operations. No one in this review unit is directly involved in the initial eligibility determination, or any eligibility determination they are responsible for reviewing. CHIP eligibility is determined by state staff, and enrollment is processed by the administrative services contractor. If the family disagrees with the outcome, the family may submit a written Request for Review (RFR) by mail or fax to HHSC.
An HHSC review specialist makes a decision that the RFR is either denied or approved, and the family is notified of the decision by letter.
The unit’s independence from the staff performing the eligibility determinations helps to ensure that objective decisions are made. The review staff has no role in managing the vendor or measuring its performance, and has no role in the initial eligibility determinations. Persons who were directly involved “in the matter under review” do not participate in the review process. Additionally, the HHSC Eligibility Operations and Eligibility Services Support team completes audits to ensure requests for reviews were handled timely and accurately.
Eligibility and Enrollment Matters Review Process
1) Matters Subject to Review. An applicant or member may request a review of an initial adverse determination made by HHSC or its administrative contractor concerning the following: a) denial of eligibility; b) failure to make a timely determination of eligibility; and c) suspension or termination of enrollment (including disenrollment for failure to meet cost sharing obligations).
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2) Matters Not Subject to Review. HHSC is not required to provide an opportunity for review if the sole purpose for the decision is: a) a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment; or b) a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
Notice of Adverse Determinations
HHSC or its designee will provide the applicant or member written notice of any adverse eligibility or enrollment determination. The notice must include: 1) the action or determination and the reasons therefore; 2) the individual’s right to request review of the action or determination; 3) the process for initiating a review; 4) the time frame that applies to the review; and 5) the circumstances under which enrollment, if applicable, may continue pending review.
Requesting a Review The applicant or member must submit a timely written request for review.
Conduct of the Review
Applicants and members have a right to: 1) represent themselves or have representatives of their choosing participate in the review; 2) timely review their files and other applicable information relevant to the review; and 3) participate fully in the review, including by presenting supplemental information in the review process, whether the review is conducted in person, in writing, or by telephone.
Disposition of the Review
Timely Review. HHSC or its designee will complete its decision on the review in a timely manner as specified in 42 C.F.R. 457.1160 and furnish a written decision to the applicant or member. This decision is final and there are no further appeals.
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Expedited Review. If HHSC or its designee becomes aware that an enrollee’s medical condition requires an immediate need for health services, HHSC or its designee will conduct an expedited review.
Continuation of Enrollment Pending Disposition of Review and Reconsideration If an enrollee files a timely request for review of a suspension or termination of enrollment, HHSC or its designee will grant continuation of enrollment pending the review decision.
Timelines for Reviews
1) Families have 30 working days from date of notification letter to submit an appeal concerning HHSC’s decision to deny eligibility or disenroll. 2) HHSC has 10 working days after receiving appeal (in writing) to respond with a notice that the decision has been upheld or has been reversed. 3) Families have 15 working from date of response letter to submit written request for additional HHSC review. 5) HHSC has 15 working days to respond to family of the decision.
Health Services Matters
12.2 Please describe the review process for health services matters that complies with 42 CFR §457.1120. HHSC requires health insurers to comply with State-specific grievance and appeal requirements currently in effect in the State. State laws concerning adverse determinations are found in the Texas Insurance Code, Chapter 843, subchapters G and H, and Chapter 4201.
Health Services Matters subject to review are: 1) delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services; and 2) failure to approve, furnish or provide payment for health services in a timely manner.
Matters Not Subject to Review.
HHSC is not required to provide an opportunity for review if the sole purpose for the decision is a provision in the State plan or in Federal or State law requiring an automatic change in eligibility, enrollment, or a change in coverage under the health benefits package that affects all applicants or members or a group of applicants or members without regard to their individual circumstances.
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Complaints Concerning Health Services Matters Pursuant to Insurance Code
A member, or a person acting on the member’s behalf, or the member’s physician or health care provider may file a complaint about an adverse determination made by a health plan provider pursuant to the provisions of the Texas Insurance Code Chapter 843, subchapters G and H, and Chapter 4201.. Such a complaint may lead to review by an independent external review organization formed pursuant to Chapter 4202 of the Texas Insurance Code.
Expedited Process for Complaints Concerning Health Services Matters Investigation and resolution of complaints concerning health services matters must be concluded in accordance with the medical needs of the patient.
Member Complaint and Appeal Process
The review process for health services matters is a Statewide Standard Review. All health and dental plans must have an internal appeals procedure to allow members to complain and appeal “adverse determinations,” which are decisions made by: (1) a health plan that health care services provided or proposed to be provided to a member are not medically necessary or appropriate, or (2) a dental plan that the dental services provided or proposed to be provided to a member are not dentally necessary or appropriate.
The health and dental plans must ensure that member appeals are generally resolved within 30 calendar days. After a member exhausts his or her appeal rights within the health or dental plan, the member can request an Independent Review Organization (IRO) to review the denial and make a determination.
Premium Assistance Programs
12.3 If providing coverage through a group health plan that does not meet the requirements of 42 CFR §457.1120, please describe how the state will assure that applicants and enrollees have the option to obtain health benefits coverage other than through the group health plan at initial enrollment and at each redetermination of eligibility.
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(spa-index)(p01)(block-1)CHIP State Plan Amendments#
This SPA demonstrates compliance with the CHIP managed care regulations at 42 CFR 457, Subpart L for utilization of a managed care delivery system. Additionally, through this SPA the state is updating its process for conducting reviews of health services matters.
Approval Package
This SPA provides Texas with approval to provide 12 months of continuous postpartum coverage to individuals enrolled in its CHIP program.
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Current State Plan
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Factsheet
Current State Plan
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