81R2338 KLA-D
By: Nelson S.B. No. 288
A BILL TO BE ENTITLED
AN ACT
relating to the review of a Medicaid recipient's electronic
medication history by a Medicaid provider.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0961 to read as follows:
Sec. 531.0961. MEDICAID PROVIDER REVIEW OF ELECTRONIC
MEDICATION HISTORY. (a) A physician or other health care provider
participating in the state Medicaid program, before providing a
health care service or procedure to a Medicaid recipient, shall
review the recipient's prescription and nonprescription medication
history included in:
(1) a health passport provided to the recipient under
Section 266.006, Family Code, or any other law; or
(2) any other electronic health records maintained
under the program with respect to the recipient and to which the
provider has access.
(b) The executive commissioner shall adopt rules to ensure
that each physician or other health care provider participating in
the state Medicaid program complies with this section.
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.