By: Seliger S.B. No. 654
(In the Senate - Filed January 30, 2017; February 14, 2017,
read first time and referred to Committee on Business & Commerce;
May 3, 2017, reported favorably by the following vote: Yeas 6,
Nays 2; May 3, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the participation of an advanced practice registered
nurse as a primary care or network provider for certain
governmental and other health benefit plans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 533.005, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) For purposes of Subsection (a)(13), an advanced
practice registered nurse may be included as a primary care
provider in a managed care organization's provider network
regardless of whether the physician supervising the advanced
practice registered nurse is in the provider network. This
subsection may not be construed as authorizing a managed care
organization to supervise or control the practice of medicine as
prohibited by Subtitle B, Title 3, Occupations Code.
SECTION 2. Section 62.1551, Health and Safety Code, is
amended to read as follows:
Sec. 62.1551. INCLUSION OF CERTAIN HEALTH CARE PROVIDERS IN
PROVIDER NETWORKS. (a) Notwithstanding any other law, including
Sections 843.312 and 1301.052, Insurance Code, the executive
commissioner shall adopt rules to require a managed care
organization or other entity to ensure that advanced practice
registered nurses and physician assistants are available as primary
care providers in the organization's or entity's provider network.
The rules must require advanced practice registered nurses and
physician assistants to be treated in the same manner as primary
care physicians with regard to:
(1) selection and assignment as primary care
providers;
(2) inclusion as primary care providers in the
provider network; and
(3) inclusion as primary care providers in any
provider network directory maintained by the organization or
entity.
(b) For purposes of Subsection (a), an advanced practice
registered nurse may be included as a primary care provider in a
managed care organization's or entity's provider network regardless
of whether the physician supervising the advanced practice
registered nurse is in the provider network.
(c) This section may not be construed as authorizing a
managed care organization or other entity to supervise or control
the practice of medicine as prohibited by Subtitle B, Title 3,
Occupations Code.
SECTION 3. Section 32.024(gg), Human Resources Code, is
amended to read as follows:
(gg) Notwithstanding any other law, including Sections
843.312 and 1301.052, Insurance Code, the commission shall ensure
that advanced practice registered nurses and physician assistants
may be selected by and assigned to recipients of medical assistance
as the primary care providers of those recipients regardless of
whether the physician supervising the advanced practice registered
nurse is included in any directory of providers of medical
assistance maintained by the commission. This subsection may not
be construed as authorizing the commission to supervise or control
the practice of medicine as prohibited by Subtitle B, Title 3,
Occupations Code. The commission must require that advanced
practice registered nurses and physician assistants be treated in
the same manner as primary care physicians with regard to:
(1) selection and assignment as primary care
providers; and
(2) inclusion as primary care providers in any
directory of providers of medical assistance maintained by the
commission.
SECTION 4. Subchapter I, Chapter 843, Insurance Code, is
amended by adding Section 843.3125 to read as follows:
Sec. 843.3125. CONTRACTS WITH ADVANCED PRACTICE REGISTERED
NURSES. (a) A health maintenance organization may contract
directly with an advanced practice registered nurse to provide
health care services on behalf of the health maintenance
organization regardless of whether the physician supervising the
advanced practice registered nurse provides health care services
for the health maintenance organization.
(b) This section may not be construed as authorizing a
health maintenance organization to supervise or control the
practice of medicine as prohibited by Subtitle B, Title 3,
Occupations Code.
SECTION 5. Subchapter B, Chapter 1301, Insurance Code, is
amended by adding Section 1301.0525 to read as follows:
Sec. 1301.0525. DESIGNATION OF ADVANCED PRACTICE
REGISTERED NURSES AS PREFERRED PROVIDERS. (a) An insurer offering
a preferred provider benefit plan may designate an advanced
practice registered nurse as a preferred provider regardless of
whether the physician supervising the advanced practice registered
nurse is a preferred provider.
(b) This section may not be construed as authorizing an
insurer to supervise or control the practice of medicine as
prohibited by Subtitle B, Title 3, Occupations Code.
SECTION 6. 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 7. This Act takes effect September 1, 2017.
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