Texas 2009 - 81st Regular

Texas House Bill HB1990 Compare Versions

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Old	New	Differences
1	1	H.B. No. 1990
2	2
3	3
4	4	AN ACT
5	5	relating to a diabetes self-management training pilot program under
6	6	the state Medicaid program.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 531, Government Code, is
9	9	amended by adding Section 531.0319 to read as follows:
10	10	Sec. 531.0319. DIABETES SELF-MANAGEMENT TRAINING PILOT
11	11	PROGRAM. (a) Notwithstanding Section 32.057, Human Resources
12	12	Code, or Section 533.009 and to the extent allowed by federal law,
13	13	the commission shall establish a pilot program to provide diabetes
14	14	self-management training services to selected Medicaid recipients.
15	15	(b) The commission may select a person to participate in the
16	16	pilot program if the person is:
17	17	(1) a recipient of Medicaid under the fee-for-service
18	18	or primary care case management delivery model;
19	19	(2) diagnosed with diabetes; and
20	20	(3) enrolled in a disease management program available
21	21	to Medicaid recipients.
22	22	(c) In establishing the pilot program the commission shall
23	23	ensure that:
24	24	(1) either:
25	25	(A) a provider of diabetes self-management
26	26	training under the program is certified to provide the training in
27	27	accordance with the quality standards for diabetes self-management
28	28	training services described by the Medicare Benefit Policy Manual,
29	29	Chapter 15, Section 300, as effective on January 1, 2009; or
30	30	(B) a certified diabetes educator is hired to
31	31	provide the training;
32	32	(2) an assessment of a potential participant in the
33	33	program is conducted that includes a review of the person's medical
34	34	history, risk factors, health status, resource utilization,
35	35	knowledge and skill level, and cultural barriers to effective
36	36	diabetes self-management;
37	37	(3) a participant is offered a minimum of:
38	38	(A) 10 hours of initial self-management training
39	39	with a diabetes educator; and
40	40	(B) three hours of initial nutrition education
41	41	with a registered dietitian or with a diabetes educator if a
42	42	registered dietitian is not available;
43	43	(4) after receipt of the initial self-management
44	44	training and nutrition education, the participant is offered each
45	45	year a minimum of:
46	46	(A) two hours of self-management training with a
47	47	diabetes educator; and
48	48	(B) two hours of nutrition education with a
49	49	registered dietitian or with a diabetes educator if a registered
50	50	dietitian is not available;
51	51	(5) if diabetes self-management training is provided
52	52	in group sessions, the participant has direct, face-to-face
53	53	interaction with the diabetes educator and is offered a sufficient
54	54	number of individual sessions to meet the participant's cultural
55	55	and educational needs; and
56	56	(6) the participant may repeat all or part of the
57	57	self-management training as medically necessary, regardless of
58	58	whether the participant is diagnosed with a new health condition or
59	59	experiences a change in health status.
60	60	(d) The commission shall ensure that the pilot program
61	61	measures the progress of program participants while enrolled in the
62	62	program using specific health outcomes for diabetes disease
63	63	management.
64	64	(e) Information collected by the commission during the
65	65	pilot program is confidential and may be disclosed only as
66	66	authorized by this section in a manner that prevents disclosure of
67	67	individually identifiable information.
68	68	(f) Not later than December 1, 2012, the commission shall
69	69	submit a report to the governor, lieutenant governor, speaker of
70	70	the house of representatives, standing committees of the
71	71	legislature with appropriate subject matter jurisdiction, and
72	72	Texas Diabetes Council regarding:
73	73	(1) the data and outcomes that result from the
74	74	diabetes self-management training pilot program; and
75	75	(2) any other relevant information as determined by
76	76	the commission.
77	77	(g) This section expires September 1, 2013.
78	78	SECTION 2. If before implementing any provision of this Act
79	79	a state agency determines that a waiver or authorization from a
80	80	federal agency is necessary for implementation of that provision,
81	81	the agency affected by the provision shall request the waiver or
82	82	authorization and may delay implementing that provision until the
83	83	waiver or authorization is granted.
84	84	SECTION 3. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2009.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I certify that H.B. No. 1990 was passed by the House on April
92	92	23, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not
93	93	voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 1990 was passed by the Senate on May
97	97	13, 2009, by the following vote: Yeas 31, Nays 0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: _____________________
101	101	Date
102	102	_____________________
103	103	Governor