83R10881 KKR-D By: Carter, King of Taylor H.B. No. 2869 A BILL TO BE ENTITLED AN ACT relating to the provision of durable medical equipment and supplies under the Medicaid program. 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 32.03141 to read as follows: Sec. 32.03141. PROVISION OF DURABLE MEDICAL EQUIPMENT AND SUPPLIES. The executive commissioner of the Health and Human Services Commission shall adopt rules requiring that a provider of durable medical equipment and supplies under the medical assistance program cancel and stop delivery of an order for durable medical equipment or supplies on the request of the intended recipient of the equipment or supplies under the medical assistance program. 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 immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.