81R7207 ALB-D
By: Pitts H.B. No. 1487
A BILL TO BE ENTITLED
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 notwithstanding any
other state law, after conducting a review under Subsection (a) the
commission shall modify rules and procedures applicable to written
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 the following
persons to complete 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:
(1) a physician;
(2) a physician assistant;
(3) a nurse practitioner;
(4) a clinical nurse specialist;
(5) a provider of diabetic equipment or supplies; or
(6) any staff member or employee designated by a
person listed in Subdivisions (1)-(5).
(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. 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 3. This Act takes effect September 1, 2009.