H.B. No. 1487
AN ACT
relating to the alignment of certain Medicaid procedures regarding
written orders for diabetic equipment and supplies with comparable
Medicare written order procedures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.099 to read as follows:
Sec. 531.099. ALIGNMENT OF MEDICAID DIABETIC EQUIPMENT AND
SUPPLIES WRITTEN ORDER PROCEDURES WITH MEDICARE DIABETIC EQUIPMENT
AND SUPPLIES WRITTEN ORDER PROCEDURES. (a) The commission shall
review forms and requirements under the Medicaid program regarding
written orders for diabetic equipment and supplies to identify
variations between permissible ordering procedures under that
program and ordering procedures available to providers under the
Medicare program.
(b) To the extent practicable, and in conformity with
Chapter 157, Occupations Code, and Chapter 483, Health and Safety
Code, after conducting a review under Subsection (a) the commission
shall modify only forms, rules, and procedures applicable to orders
for diabetic equipment and supplies under the Medicaid program to
provide for an ordering system that is comparable to the ordering
system for diabetic equipment and supplies under the Medicare
program. The ordering system must permit a diabetic equipment or
supplies supplier to complete the forms by hand or to enter by
electronic format medical information or supply orders into any
form as necessary to provide the information required to dispense
diabetic equipment or supplies.
(c) A provider of diabetic equipment and supplies may bill
and collect payment for the provider's services if the provider has
a copy of the form that meets the requirements of Subsection (b) and
that is signed by a medical practitioner licensed in this state to
treat diabetic patients. Additional documentation may not be
required.
SECTION 2. The Health and Human Services Commission may use
state money to implement Section 531.099, Government Code, as added
by this Act, only if the overall cost to the state of operating the
Medicaid program does not increase as a result of aligning diabetic
equipment and supplies written order procedures with Medicare
diabetic equipment and supplies written order procedures as
required by that section.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1487 was passed by the House on May 1,
2009, by the following vote: Yeas 135, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1487 on May 23, 2009, by the following vote: Yeas 136, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1487 was passed by the Senate, with
amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor