81R5296 TRH-D
By: Zaffirini S.B. No. 1804
A BILL TO BE ENTITLED
AN ACT
relating to medical assistance reimbursement for the provision of a
wheeled mobility system to a recipient of medical assistance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0424 to read as follows:
Sec. 32.0424. REIMBURSEMENT FOR WHEELED MOBILITY SYSTEMS.
(a) In this section:
(1) "Qualified rehabilitation professional" means a
person who:
(A) holds a certification as an assistive
technology professional or a rehabilitation engineering
technologist issued by, and is in good standing with, the
Rehabilitation Engineering and Assistive Technology Society of
North America, provided that the requirements for that
certification are at least as stringent as the requirements in
effect on January 1, 2009; or
(B) is otherwise qualified to conduct the
professional activities of a person who holds a certification
described by Paragraph (A), as determined by rules adopted by the
executive commissioner of the Health and Human Services Commission.
(2) "Wheeled mobility system" means an item of durable
medical equipment that is a powered or manual mobility system,
including:
(A) seated positioning components;
(B) powered or manual seating options;
(C) electronic drive control;
(D) specialty driving controls;
(E) multiple adjustment frame;
(F) nonstandard performance options; and
(G) other complex or specialized components.
(b) The department may provide medical assistance
reimbursement for a wheeled mobility system only if:
(1) the system is provided to a recipient by a medical
assistance provider that is, or directly employs, a qualified
rehabilitation professional; and
(2) at the time the wheeled mobility system is
delivered to the recipient, the qualified rehabilitation
professional conducts an evaluation of the system in relation to
the recipient.
(c) The executive commissioner of the Health and Human
Services Commission shall adopt rules specifying:
(1) the scope, including any required components, of
the evaluation required by Subsection (b); and
(2) documentation of the evaluation that must be
submitted as part of a claim for reimbursement for the provision of
a wheeled mobility system.
SECTION 2. Not later than January 1, 2011, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules required by Section 32.0424(b), Human Resources
Code, as added by this Act.
SECTION 3. The changes in law made by Section 32.0424, Human
Resources Code, as added by this Act, apply only to a claim for
medical assistance reimbursement made for a wheeled mobility system
that is provided on or after September 1, 2011. A claim for medical
assistance reimbursement made for a system that is provided before
that date is governed by the law in effect on the date the system was
provided, and that law is continued in effect for that purpose.
SECTION 4. 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 5. This Act takes effect September 1, 2009.