6 | 4 | | |
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7 | 5 | | |
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8 | 6 | | A BILL TO BE ENTITLED |
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9 | 7 | | AN ACT |
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10 | 8 | | relating to the use of home telemonitoring services under Medicaid. |
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11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 10 | | SECTION 1. Section 531.02164, Government Code, is amended |
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13 | 11 | | by amending Subsection (c) and adding Subsections (c-1) and (c-2) |
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14 | 12 | | to read as follows: |
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15 | 13 | | (c) The program required under this section must: |
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16 | 14 | | (1) provide that home telemonitoring services are |
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17 | 15 | | available only to a person [persons] who: |
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18 | 16 | | (A) is [are] diagnosed with one or more of the |
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19 | 17 | | following conditions: |
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20 | 18 | | (i) pregnancy; |
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21 | 19 | | (ii) diabetes; |
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22 | 20 | | (iii) heart disease; |
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23 | 21 | | (iv) cancer; |
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24 | 22 | | (v) chronic obstructive pulmonary disease; |
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25 | 23 | | (vi) hypertension; |
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26 | 24 | | (vii) congestive heart failure; |
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27 | 25 | | (viii) mental illness or serious emotional |
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28 | 26 | | disturbance; |
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29 | 27 | | (ix) asthma; |
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30 | 28 | | (x) myocardial infarction; or |
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31 | 29 | | (xi) stroke; and |
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32 | 30 | | (B) exhibits [exhibit] two or more of the |
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33 | 31 | | following risk factors: |
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34 | 32 | | (i) two or more hospitalizations in the |
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35 | 33 | | prior 12-month period; |
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36 | 34 | | (ii) frequent or recurrent emergency room |
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37 | 35 | | admissions; |
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38 | 36 | | (iii) a documented history of poor |
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39 | 37 | | adherence to ordered medication regimens; |
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40 | 38 | | (iv) a documented history of falls in the |
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41 | 39 | | prior six-month period; |
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42 | 40 | | (v) limited or absent informal support |
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43 | 41 | | systems; |
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44 | 42 | | (vi) living alone or being home alone for |
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45 | 43 | | extended periods of time; and |
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46 | 44 | | (vii) a documented history of care access |
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47 | 45 | | challenges; |
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48 | 46 | | (2) ensure that clinical information gathered by a |
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49 | 47 | | home and community support services agency or hospital while |
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50 | 48 | | providing home telemonitoring services is shared with the patient's |
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51 | 49 | | physician; [and] |
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52 | 50 | | (3) ensure that the program does not duplicate disease |
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53 | 51 | | management program services provided under Section 32.057, Human |
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54 | 52 | | Resources Code; and |
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55 | 53 | | (4) provide reimbursement for home telemonitoring |
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56 | 54 | | services in the event of an unsuccessful data transmission if the |
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57 | 55 | | provider of the services attempts to communicate with the patient |
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58 | 56 | | by telephone or in person to establish a successful data |
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59 | 57 | | transmission. |
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60 | 58 | | (c-1) Notwithstanding Subsection (c)(1), the program |
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61 | 59 | | required under this section may also provide that home |
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62 | 60 | | telemonitoring services are available to pediatric patients with |
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63 | 61 | | chronic or complex medical needs who: |
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64 | 62 | | (1) are being concurrently treated by at least three |
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65 | 63 | | medical specialists; |
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66 | 64 | | (2) are diagnosed with end-stage solid organ disease; |
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67 | 65 | | (3) have received an organ transplant; or |
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68 | 66 | | (4) are diagnosed with severe asthma. |
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69 | 67 | | (c-2) A provider that is reimbursed under Subsection (c)(4) |
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70 | 68 | | for home telemonitoring services provided to a patient may not also |
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71 | 69 | | be reimbursed for communicating with the patient by telephone or in |
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72 | 70 | | person to establish a successful data transmission as described by |
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73 | 71 | | Subsection (c)(4). |
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74 | 72 | | SECTION 2. As soon as practicable after the effective date |
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75 | 73 | | of this Act, the executive commissioner of the Health and Human |
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76 | 74 | | Services Commission shall adopt necessary rules to implement the |
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77 | 75 | | changes in law made by this Act. |
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78 | 76 | | SECTION 3. If before implementing any provision of this Act |
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79 | 77 | | a state agency determines that a waiver or authorization from a |
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80 | 78 | | federal agency is necessary for implementation of that provision, |
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81 | 79 | | the agency affected by the provision shall request the waiver or |
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82 | 80 | | authorization and may delay implementing that provision until the |
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83 | 81 | | waiver or authorization is granted. |
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84 | 82 | | SECTION 4. This Act takes effect September 1, 2017. |
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