6 | 4 | | AN ACT |
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7 | 5 | | relating to the participation of an advanced practice registered |
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8 | 6 | | nurse as a primary care or network provider for certain |
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9 | 7 | | governmental and other health benefit plans. |
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10 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 9 | | SECTION 1. Section 533.005, Government Code, is amended by |
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12 | 10 | | adding Subsection (d) to read as follows: |
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13 | 11 | | (d) For purposes of Subsection (a)(13), an advanced |
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14 | 12 | | practice registered nurse may be included as a primary care |
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15 | 13 | | provider in a managed care organization's provider network |
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16 | 14 | | regardless of whether the physician supervising the advanced |
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17 | 15 | | practice registered nurse is in the provider network. This |
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18 | 16 | | subsection may not be construed as authorizing a managed care |
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19 | 17 | | organization to supervise or control the practice of medicine as |
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20 | 18 | | prohibited by Subtitle B, Title 3, Occupations Code. |
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21 | 19 | | SECTION 2. Section 62.1551, Health and Safety Code, is |
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22 | 20 | | amended to read as follows: |
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23 | 21 | | Sec. 62.1551. INCLUSION OF CERTAIN HEALTH CARE PROVIDERS IN |
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24 | 22 | | PROVIDER NETWORKS. (a) Notwithstanding any other law, including |
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25 | 23 | | Sections 843.312 and 1301.052, Insurance Code, the executive |
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26 | 24 | | commissioner shall adopt rules to require a managed care |
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27 | 25 | | organization or other entity to ensure that advanced practice |
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28 | 26 | | registered nurses and physician assistants are available as primary |
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29 | 27 | | care providers in the organization's or entity's provider network. |
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30 | 28 | | The rules must require advanced practice registered nurses and |
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31 | 29 | | physician assistants to be treated in the same manner as primary |
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32 | 30 | | care physicians with regard to: |
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33 | 31 | | (1) selection and assignment as primary care |
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34 | 32 | | providers; |
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35 | 33 | | (2) inclusion as primary care providers in the |
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36 | 34 | | provider network; and |
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37 | 35 | | (3) inclusion as primary care providers in any |
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38 | 36 | | provider network directory maintained by the organization or |
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39 | 37 | | entity. |
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40 | 38 | | (b) For purposes of Subsection (a), an advanced practice |
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41 | 39 | | registered nurse may be included as a primary care provider in a |
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42 | 40 | | managed care organization's or entity's provider network regardless |
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43 | 41 | | of whether the physician supervising the advanced practice |
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44 | 42 | | registered nurse is in the provider network. |
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45 | 43 | | (c) This section may not be construed as authorizing a |
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46 | 44 | | managed care organization or other entity to supervise or control |
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47 | 45 | | the practice of medicine as prohibited by Subtitle B, Title 3, |
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48 | 46 | | Occupations Code. |
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49 | 47 | | SECTION 3. Section 32.024(gg), Human Resources Code, is |
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50 | 48 | | amended to read as follows: |
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51 | 49 | | (gg) Notwithstanding any other law, including Sections |
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52 | 50 | | 843.312 and 1301.052, Insurance Code, the commission shall ensure |
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53 | 51 | | that advanced practice registered nurses and physician assistants |
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54 | 52 | | may be selected by and assigned to recipients of medical assistance |
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55 | 53 | | as the primary care providers of those recipients regardless of |
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56 | 54 | | whether the physician supervising the advanced practice registered |
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57 | 55 | | nurse is included in any directory of providers of medical |
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58 | 56 | | assistance maintained by the commission. This subsection may not |
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59 | 57 | | be construed as authorizing the commission to supervise or control |
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60 | 58 | | the practice of medicine as prohibited by Subtitle B, Title 3, |
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61 | 59 | | Occupations Code. The commission must require that advanced |
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62 | 60 | | practice registered nurses and physician assistants be treated in |
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63 | 61 | | the same manner as primary care physicians with regard to: |
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64 | 62 | | (1) selection and assignment as primary care |
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65 | 63 | | providers; and |
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66 | 64 | | (2) inclusion as primary care providers in any |
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67 | 65 | | directory of providers of medical assistance maintained by the |
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68 | 66 | | commission. |
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69 | 67 | | SECTION 4. If before implementing any provision of this Act |
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70 | 68 | | a state agency determines that a waiver or authorization from a |
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71 | 69 | | federal agency is necessary for implementation of that provision, |
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72 | 70 | | the agency affected by the provision shall request the waiver or |
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73 | 71 | | authorization and may delay implementing that provision until the |
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74 | 72 | | waiver or authorization is granted. |
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75 | 73 | | SECTION 5. This Act takes effect September 1, 2017. |
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