Texas 2009 - 81st Regular

Texas Senate Bill SB1804 Compare Versions

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1	1	S.B. No. 1804
2	2
3	3
4	4	AN ACT
5	5	relating to medical assistance reimbursement for wheeled mobility
6	6	systems for recipients of medical assistance.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
9	9	is amended by adding Section 32.0424 to read as follows:
10	10	Sec. 32.0424. REIMBURSEMENT FOR WHEELED MOBILITY SYSTEMS.
11	11	(a) In this section:
12	12	(1) "Qualified rehabilitation professional" means a
13	13	person who:
14	14	(A) holds a certification as an assistive
15	15	technology professional or a rehabilitation engineering
16	16	technologist issued by, and is in good standing with, the
17	17	Rehabilitation Engineering and Assistive Technology Society of
18	18	North America, provided that the requirements for that
19	19	certification are at least as stringent as the requirements in
20	20	effect on January 1, 2009; or
21	21	(B) is otherwise qualified to conduct the
22	22	professional activities of a person who holds a certification
23	23	described by Paragraph (A), as determined by rules adopted by the
24	24	executive commissioner of the Health and Human Services Commission.
25	25	(2) "Wheeled mobility system" means an item of durable
26	26	medical equipment that is a customized powered or manual mobility
27	27	device or a feature or component of the device, including the
28	28	following features and components:
29	29	(A) seated positioning components;
30	30	(B) powered or manual seating options;
31	31	(C) specialty driving controls;
32	32	(D) multiple adjustment frame;
33	33	(E) nonstandard performance options; and
34	34	(F) other complex or specialized components.
35	35	(b) The department may provide medical assistance
36	36	reimbursement for the provision of, or the performance of a major
37	37	modification to, a wheeled mobility system only if:
38	38	(1) the system is delivered to a recipient by a medical
39	39	assistance provider that is, or directly employs or contracts with,
40	40	a qualified rehabilitation professional and that professional was
41	41	present and involved in any clinical assessment of the recipient
42	42	that is required for obtaining the system; and
43	43	(2) at the time the wheeled mobility system is
44	44	delivered to the recipient, the qualified rehabilitation
45	45	professional:
46	46	(A) is present for and directs a fitting to
47	47	ensure that the system is appropriate for the recipient; and
48	48	(B) verifies that the system functions relative
49	49	to the recipient.
50	50	(c) The executive commissioner of the Health and Human
51	51	Services Commission shall adopt rules specifying:
52	52	(1) the scope, including any required components, of
53	53	the fitting and verification of functionality required by
54	54	Subsection (b);
55	55	(2) documentation of the fitting and verification of
56	56	functionality that must be submitted as part of a claim for
57	57	reimbursement for the provision or modification of a wheeled
58	58	mobility system; and
59	59	(3) the appropriate reimbursement methodology for
60	60	compensating the evaluation and final fitting services provided by
61	61	qualified rehabilitation professionals involved in the provision
62	62	or modification of wheeled mobility systems.
63	63	SECTION 2. Not later than January 1, 2011, the executive
64	64	commissioner of the Health and Human Services Commission shall
65	65	adopt the rules required by Subsection (c), Section 32.0424, Human
66	66	Resources Code, as added by this Act.
67	67	SECTION 3. The changes in law made by Section 32.0424, Human
68	68	Resources Code, as added by this Act, apply only to a claim for
69	69	medical assistance reimbursement made for a wheeled mobility system
70	70	that is delivered on or after September 1, 2011. A claim for
71	71	medical assistance reimbursement made for a system that is
72	72	delivered before that date is governed by the law in effect on the
73	73	date the system was delivered, and that law is continued in effect
74	74	for that purpose.
75	75	SECTION 4. If before implementing any provision of this Act
76	76	a state agency determines that a waiver or authorization from a
77	77	federal agency is necessary for implementation of that provision,
78	78	the agency affected by the provision shall request the waiver or
79	79	authorization and may delay implementing that provision until the
80	80	waiver or authorization is granted.
81	81	SECTION 5. This Act takes effect September 1, 2009.
82	82	______________________________ ______________________________
83	83	President of the Senate Speaker of the House
84	84	I hereby certify that S.B. No. 1804 passed the Senate on
85	85	May 6, 2009, by the following vote: Yeas 31, Nays 0; and that the
86	86	Senate concurred in House amendment on May 29, 2009, by the
87	87	following vote: Yeas 31, Nays 0.
88	88	______________________________
89	89	Secretary of the Senate
90	90	I hereby certify that S.B. No. 1804 passed the House, with
91	91	amendment, on May 27, 2009, by the following vote: Yeas 148,
92	92	Nays 0, one present not voting.
93	93	______________________________
94	94	Chief Clerk of the House
95	95	Approved:
96	96	______________________________
97	97	Date
98	98	______________________________
99	99	Governor