1 | 1 | | 83R21547 AED-F |
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2 | 2 | | By: Naishtat H.B. No. 3687 |
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3 | 3 | | Substitute the following for H.B. No. 3687: |
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4 | 4 | | By: Cortez C.S.H.B. No. 3687 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of and funding for certain primary health |
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10 | 10 | | care services; repealing a fee. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Sections 31.002(a)(1), (3), and (4), Health and |
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13 | 13 | | Safety Code, are amended to read as follows: |
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14 | 14 | | (1) "Facility" includes an entity providing primary [a |
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15 | 15 | | hospital, ambulatory surgical center, public health clinic, |
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16 | 16 | | birthing center, outpatient clinic, and community] health care |
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17 | 17 | | services [center]. |
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18 | 18 | | (3) "Other benefit" means a benefit, other than a |
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19 | 19 | | benefit provided under this chapter, to which an individual is |
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20 | 20 | | entitled for payment of the costs of primary health care services, |
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21 | 21 | | including benefits available from: |
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22 | 22 | | (A) an insurance policy, group health plan, or |
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23 | 23 | | prepaid medical care plan; |
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24 | 24 | | (B) Title XVIII, [or] XIX, or XXI of the Social |
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25 | 25 | | Security Act (42 U.S.C. Section 1395 et seq., [or] Section 1396 et |
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26 | 26 | | seq., or Section 1397aa et seq.); or |
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27 | 27 | | (C) [the Veterans Administration; |
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28 | 28 | | [(D) the Civilian Health and Medical Program of |
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29 | 29 | | the Uniformed Services; |
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30 | 30 | | [(E) workers' compensation or any other |
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31 | 31 | | compulsory employers' insurance program; |
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32 | 32 | | [(F)] a public program created by federal or |
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33 | 33 | | state law, or by an ordinance or rule of a municipality or political |
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34 | 34 | | subdivision of the state, excluding benefits created by the |
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35 | 35 | | establishment of a municipal or county hospital, a joint |
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36 | 36 | | municipal-county hospital, a county hospital authority, a hospital |
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37 | 37 | | district, or the facilities of a publicly supported medical |
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38 | 38 | | school[; or |
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39 | 39 | | [(G) a cause of action for medical, facility, or |
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40 | 40 | | medical transportation expenses, or a settlement or judgment based |
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41 | 41 | | on the cause of action, if the expenses are related to the need for |
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42 | 42 | | services provided under this chapter]. |
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43 | 43 | | (4) "Primary health care services" may include |
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44 | 44 | | [includes]: |
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45 | 45 | | (A) a health service related to family, internal, |
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46 | 46 | | pediatric, obstetric, or gynecological medicine that is provided by |
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47 | 47 | | a physician, physician assistant, or advanced practice registered |
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48 | 48 | | nurse [diagnosis and treatment]; |
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49 | 49 | | (B) diagnostic laboratory and radiological |
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50 | 50 | | services; |
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51 | 51 | | (C) emergency medical services; |
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52 | 52 | | (D) [(C)] family planning services; |
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53 | 53 | | (E) [(D)] preventive health services, including: |
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54 | 54 | | (i) prenatal and perinatal services; |
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55 | 55 | | (ii) appropriate cancer screening; |
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56 | 56 | | (iii) well-child services; |
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57 | 57 | | (iv) immunizations against diseases that are |
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58 | 58 | | preventable by vaccines; |
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59 | 59 | | (v) screenings for elevated blood levels, |
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60 | 60 | | communicable diseases, and cholesterol levels; |
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61 | 61 | | (vi) pediatric eye, ear, and dental |
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62 | 62 | | screenings to determine the need for vision and hearing correction |
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63 | 63 | | and dental care; and |
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64 | 64 | | (vii) preventive dental services; |
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65 | 65 | | (F) [(E)] health education; |
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66 | 66 | | (G) [(F) laboratory, X-ray, nuclear medicine, or |
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67 | 67 | | other appropriate diagnostic services; |
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68 | 68 | | [(G) nutrition services; |
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69 | 69 | | [(H) health screening; |
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70 | 70 | | [(I) home health care; |
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71 | 71 | | [(J) dental care; |
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72 | 72 | | [(K) transportation; |
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73 | 73 | | [(L)] prescription drugs and devices and durable |
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74 | 74 | | supplies, as appropriate; |
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75 | 75 | | [(M) environmental health services; |
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76 | 76 | | [(N) podiatry services;] and |
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77 | 77 | | (H) integrated mental health [(O) social] |
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78 | 78 | | services. |
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79 | 79 | | SECTION 2. Sections 31.003(c), (d), (e), (f), and (g), |
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80 | 80 | | Health and Safety Code, are amended to read as follows: |
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81 | 81 | | (c) The department [If budgetary limitations exist, the |
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82 | 82 | | board by rule] shall establish a system of priorities that includes |
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83 | 83 | | factors relating to the types of services provided, to the extent |
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84 | 84 | | possible the statewide coverage of the services, and the |
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85 | 85 | | [geographic areas covered, or classes of] individuals eligible for |
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86 | 86 | | services. |
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87 | 87 | | (d) The department [board] shall adopt rules under |
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88 | 88 | | Subsection (c) relating to the services provided, to the extent |
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89 | 89 | | possible the statewide coverage of the services, [geographic areas |
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90 | 90 | | covered] and the [classes of] individuals eligible for services |
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91 | 91 | | [according to a statewide determination of the need for services]. |
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92 | 92 | | (e) The department [board] shall adopt rules under |
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93 | 93 | | Subsection (c) relating to the types of services provided according |
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94 | 94 | | to the set of service priorities established under this subsection. |
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95 | 95 | | Initial service priorities shall focus on the funding of, provision |
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96 | 96 | | of, and access to: |
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97 | 97 | | (1) health services related to family, internal, |
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98 | 98 | | pediatric, obstetric, or gynecological medicine that is provided by |
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99 | 99 | | a physician, physician assistant, or advanced practice registered |
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100 | 100 | | nurse [diagnosis and treatment]; |
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101 | 101 | | (2) emergency medical services; |
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102 | 102 | | (3) family planning services; |
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103 | 103 | | (4) preventive health services, including |
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104 | 104 | | immunizations; |
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105 | 105 | | (5) health education; and |
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106 | 106 | | (6) laboratory, X-ray, [nuclear medicine,] or other |
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107 | 107 | | appropriate diagnostic services. |
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108 | 108 | | (f) Except as limited by this section, the department shall |
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109 | 109 | | develop an integrated framework for the equitable provision of |
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110 | 110 | | services throughout the state and shall use existing public and |
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111 | 111 | | private health[, transportation, and education] resources. |
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112 | 112 | | (g) The department shall ensure that an approved service |
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113 | 113 | | provider makes every reasonable effort to collect appropriate |
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114 | 114 | | reimbursement for its costs in providing primary health care |
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115 | 115 | | services to persons who are entitled to receive other benefits |
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116 | 116 | | [board should require that the services provided under this chapter |
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117 | 117 | | be reserved to the greatest extent possible for low-income |
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118 | 118 | | individuals who are not eligible for similar services through any |
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119 | 119 | | other publicly funded program]. |
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120 | 120 | | SECTION 3. Section 31.012(a), Health and Safety Code, is |
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121 | 121 | | amended to read as follows: |
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122 | 122 | | (a) The department [board] may authorize [charge fees for |
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123 | 123 | | the services provided directly by the department or through] |
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124 | 124 | | approved providers to charge a reasonable copayment for services |
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125 | 125 | | provided in accordance with Subchapter D, Chapter 12. |
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126 | 126 | | SECTION 4. This Act takes effect September 1, 2013. |
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