S.B. No. 1564
AN ACT
relating to access to certain medication-assisted treatment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 481.0765(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) A prescriber is not subject to the requirements of
Section 481.0764(a) if:
(1) the patient has been diagnosed with cancer or
sickle cell disease or the patient is receiving hospice care; and
(2) the prescriber clearly notes in the prescription
record that the patient was diagnosed with cancer or sickle cell
disease or is receiving hospice care, as applicable.
(b) A dispenser is not subject to the requirements of
Section 481.0764(a) if it is clearly noted in the prescription
record that the patient has been diagnosed with cancer or sickle
cell disease or is receiving hospice care.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.03115 to read as follows:
Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED
TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this
section, "medication-assisted opioid or substance use disorder
treatment" means the use of methadone, buprenorphine, oral
buprenorphine/naloxone, or naltrexone to treat opioid or substance
use disorder.
(b) Notwithstanding Sections 531.072 and 531.073,
Government Code, or any other law and subject to Subsections (c) and
(d), the commission shall provide medical assistance reimbursement
for medication-assisted opioid or substance use disorder treatment
without requiring a recipient of medical assistance or health care
provider to obtain prior authorization or precertification for the
treatment.
(c) The duty to provide medical assistance reimbursement
for medication-assisted opioid or substance use disorder treatment
under Subsection (b) does not apply with respect to:
(1) a prescription for methadone;
(2) a recipient for whom medication-assisted opioid or
substance use disorder treatment is determined to be medically
contraindicated by the recipient's physician; or
(3) a recipient who is subject to an age-related
restriction applicable to medication-assisted opioid or substance
use disorder treatment.
(d) The commission may provide medical assistance
reimbursement for medication-assisted opioid or substance use
disorder treatment only if the treatment is prescribed to a
recipient of medical assistance by a licensed health care provider
who is authorized to prescribe methadone, buprenorphine, oral
buprenorphine/naloxone, or naltrexone.
(e) This section expires August 31, 2023.
SECTION 3. (a) In this section, "qualifying practitioner"
has the meaning assigned by 21 U.S.C. Section 823(g)(2)(G)(iii).
(b) Not later than November 1, 2019, the Health and Human
Services Commission shall amend the commission's Medicaid
Substance Use Disorder Services Medical Policy and any other
provider or claims payment policy or manual necessary to authorize
Medicaid medical benefits reimbursement for the prescribing of
buprenorphine for the treatment of an opioid use disorder by an
advanced practice registered nurse recognized by the Texas Board of
Nursing as a clinical nurse specialist, nurse anesthetist, or nurse
midwife, provided that the advanced practice registered nurse:
(1) is a qualifying practitioner; and
(2) has obtained a waiver from registration
requirements as provided by 21 U.S.C. Section 823(g).
SECTION 4. Section 481.0765, Health and Safety Code, as
amended by this Act, applies only to a prescription issued on or
after the effective date of this Act. A prescription issued before
the effective date of this Act is governed by the law in effect on
the date the prescription is issued, and the former law is continued
in effect for that purpose.
SECTION 5. 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 6. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1564 passed the Senate on
April 3, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 25, 2019, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1564 passed the House, with
amendments, on May 22, 2019, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor