Texas 2009 - 81st Regular

Texas House Bill HB1487 Compare Versions

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1	1	81R7207 ALB-D
2	2	By: Pitts H.B. No. 1487
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the alignment of certain Medicaid procedures regarding
8	8	written orders for diabetic equipment and supplies with comparable
9	9	Medicare written order procedures.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 531, Government Code, is
12	12	amended by adding Section 531.099 to read as follows:
13	13	Sec. 531.099. ALIGNMENT OF MEDICAID DIABETIC EQUIPMENT AND
14	14	SUPPLIES WRITTEN ORDER PROCEDURES WITH MEDICARE DIABETIC EQUIPMENT
15	15	AND SUPPLIES WRITTEN ORDER PROCEDURES. (a) The commission shall
16	16	review forms and requirements under the Medicaid program regarding
17	17	written orders for diabetic equipment and supplies to identify
18	18	variations between permissible ordering procedures under that
19	19	program and ordering procedures available to providers under the
20	20	Medicare program.
21	21	(b) To the extent practicable, and notwithstanding any
22	22	other state law, after conducting a review under Subsection (a) the
23	23	commission shall modify rules and procedures applicable to written
24	24	orders for diabetic equipment and supplies under the Medicaid
25	25	program to provide for an ordering system that is comparable to the
26	26	ordering system for diabetic equipment and supplies under the
27	27	Medicare program. The ordering system must permit the following
28	28	persons to complete forms by hand or to enter by electronic format
29	29	medical information or supply orders into any form as necessary to
30	30	provide the information required to dispense diabetic equipment or
31	31	supplies:
32	32	(1) a physician;
33	33	(2) a physician assistant;
34	34	(3) a nurse practitioner;
35	35	(4) a clinical nurse specialist;
36	36	(5) a provider of diabetic equipment or supplies; or
37	37	(6) any staff member or employee designated by a
38	38	person listed in Subdivisions (1)-(5).
39	39	(c) A provider of diabetic equipment and supplies may bill
40	40	and collect payment for the provider's services if the provider has
41	41	a copy of the form that meets the requirements of Subsection (b) and
42	42	that is signed by a medical practitioner licensed in this state to
43	43	treat diabetic patients. Additional documentation may not be
44	44	required.
45	45	SECTION 2. If before implementing any provision of this Act
46	46	a state agency determines that a waiver or authorization from a
47	47	federal agency is necessary for implementation of that provision,
48	48	the agency affected by the provision shall request the waiver or
49	49	authorization and may delay implementing that provision until the
50	50	waiver or authorization is granted.
51	51	SECTION 3. This Act takes effect September 1, 2009.