TX
Texas Senate Bill SB1564

Texas 2019 - 86th Regular

Texas Senate Bill SB1564 Compare Versions

OldNewDifferences
1-S.B. No. 1564
1+By: West S.B. No. 1564
2+ (Klick)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
5- relating to access to certain medication-assisted treatment.
7+ relating to access to medication-assisted treatment for opioid use
8+ disorder under Medicaid.
69 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7- SECTION 1. Sections 481.0765(a) and (b), Health and Safety
8- Code, are amended to read as follows:
9- (a) A prescriber is not subject to the requirements of
10- Section 481.0764(a) if:
11- (1) the patient has been diagnosed with cancer or
12- sickle cell disease or the patient is receiving hospice care; and
13- (2) the prescriber clearly notes in the prescription
14- record that the patient was diagnosed with cancer or sickle cell
15- disease or is receiving hospice care, as applicable.
16- (b) A dispenser is not subject to the requirements of
17- Section 481.0764(a) if it is clearly noted in the prescription
18- record that the patient has been diagnosed with cancer or sickle
19- cell disease or is receiving hospice care.
20- SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
21- is amended by adding Section 32.03115 to read as follows:
22- Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED
23- TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this
24- section, "medication-assisted opioid or substance use disorder
25- treatment" means the use of methadone, buprenorphine, oral
26- buprenorphine/naloxone, or naltrexone to treat opioid or substance
27- use disorder.
28- (b) Notwithstanding Sections 531.072 and 531.073,
29- Government Code, or any other law and subject to Subsections (c) and
30- (d), the commission shall provide medical assistance reimbursement
31- for medication-assisted opioid or substance use disorder treatment
32- without requiring a recipient of medical assistance or health care
33- provider to obtain prior authorization or precertification for the
34- treatment.
35- (c) The duty to provide medical assistance reimbursement
36- for medication-assisted opioid or substance use disorder treatment
37- under Subsection (b) does not apply with respect to:
38- (1) a prescription for methadone;
39- (2) a recipient for whom medication-assisted opioid or
40- substance use disorder treatment is determined to be medically
41- contraindicated by the recipient's physician; or
42- (3) a recipient who is subject to an age-related
43- restriction applicable to medication-assisted opioid or substance
44- use disorder treatment.
45- (d) The commission may provide medical assistance
46- reimbursement for medication-assisted opioid or substance use
47- disorder treatment only if the treatment is prescribed to a
48- recipient of medical assistance by a licensed health care provider
49- who is authorized to prescribe methadone, buprenorphine, oral
50- buprenorphine/naloxone, or naltrexone.
51- (e) This section expires August 31, 2023.
52- SECTION 3. (a) In this section, "qualifying practitioner"
10+ SECTION 1. (a) In this section, "qualifying practitioner"
5311 has the meaning assigned by 21 U.S.C. Section 823(g)(2)(G)(iii).
5412 (b) Not later than November 1, 2019, the Health and Human
5513 Services Commission shall amend the commission's Medicaid
5614 Substance Use Disorder Services Medical Policy and any other
5715 provider or claims payment policy or manual necessary to authorize
5816 Medicaid medical benefits reimbursement for the prescribing of
5917 buprenorphine for the treatment of an opioid use disorder by an
6018 advanced practice registered nurse recognized by the Texas Board of
6119 Nursing as a clinical nurse specialist, nurse anesthetist, or nurse
6220 midwife, provided that the advanced practice registered nurse:
6321 (1) is a qualifying practitioner; and
6422 (2) has obtained a waiver from registration
6523 requirements as provided by 21 U.S.C. Section 823(g).
66- SECTION 4. Section 481.0765, Health and Safety Code, as
67- amended by this Act, applies only to a prescription issued on or
68- after the effective date of this Act. A prescription issued before
69- the effective date of this Act is governed by the law in effect on
70- the date the prescription is issued, and the former law is continued
71- in effect for that purpose.
72- SECTION 5. If before implementing any provision of this Act
73- a state agency determines that a waiver or authorization from a
74- federal agency is necessary for implementation of that provision,
75- the agency affected by the provision shall request the waiver or
76- authorization and may delay implementing that provision until the
77- waiver or authorization is granted.
78- SECTION 6. This Act takes effect immediately if it receives
24+ SECTION 2. This Act takes effect immediately if it receives
7925 a vote of two-thirds of all the members elected to each house, as
8026 provided by Section 39, Article III, Texas Constitution. If this
8127 Act does not receive the vote necessary for immediate effect, this
8228 Act takes effect September 1, 2019.
83- ______________________________ ______________________________
84- President of the Senate Speaker of the House
85- I hereby certify that S.B. No. 1564 passed the Senate on
86- April 3, 2019, by the following vote: Yeas 31, Nays 0; and that
87- the Senate concurred in House amendments on May 25, 2019, by the
88- following vote: Yeas 30, Nays 0.
89- ______________________________
90- Secretary of the Senate
91- I hereby certify that S.B. No. 1564 passed the House, with
92- amendments, on May 22, 2019, by the following vote: Yeas 144,
93- Nays 0, two present not voting.
94- ______________________________
95- Chief Clerk of the House
96- Approved:
97- ______________________________
98- Date
99- ______________________________
100- Governor