| 1 | 1 | | 81R2338 KLA-D |
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| 2 | 2 | | By: Kolkhorst H.B. No. 3665 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the review of a Medicaid recipient's electronic |
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| 8 | 8 | | medication history by a Medicaid provider. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 11 | 11 | | amended by adding Section 531.0961 to read as follows: |
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| 12 | 12 | | Sec. 531.0961. MEDICAID PROVIDER REVIEW OF ELECTRONIC |
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| 13 | 13 | | MEDICATION HISTORY. (a) A physician or other health care provider |
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| 14 | 14 | | participating in the state Medicaid program, before providing a |
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| 15 | 15 | | health care service or procedure to a Medicaid recipient, shall |
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| 16 | 16 | | review the recipient's prescription and nonprescription medication |
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| 17 | 17 | | history included in: |
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| 18 | 18 | | (1) a health passport provided to the recipient under |
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| 19 | 19 | | Section 266.006, Family Code, or any other law; or |
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| 20 | 20 | | (2) any other electronic health records maintained |
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| 21 | 21 | | under the program with respect to the recipient and to which the |
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| 22 | 22 | | provider has access. |
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| 23 | 23 | | (b) The executive commissioner shall adopt rules to ensure |
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| 24 | 24 | | that each physician or other health care provider participating in |
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| 25 | 25 | | the state Medicaid program complies with this section. |
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| 26 | 26 | | SECTION 2. If before implementing any provision of this Act |
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| 27 | 27 | | a state agency determines that a waiver or authorization from a |
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| 28 | 28 | | federal agency is necessary for implementation of that provision, |
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| 29 | 29 | | the agency affected by the provision shall request the waiver or |
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| 30 | 30 | | authorization and may delay implementing that provision until the |
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| 31 | 31 | | waiver or authorization is granted. |
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| 32 | 32 | | SECTION 3. This Act takes effect September 1, 2009. |
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