86R32414 KFF-F
By: Miles S.B. No. 2021
(Miller, Thompson of Harris)
Substitute the following for S.B. No. 2021: No.
A BILL TO BE ENTITLED
AN ACT
relating to providing access to local health departments and
certain health service regional offices under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.003, Human Resources Code, is amended
by adding Subdivisions (2) and (3) to read as follows:
(2) "Health service regional office" means an office
located in a public health region and administered by a regional
director under Section 121.007, Health and Safety Code.
(3) "Local health department" means a local health
department established under Subchapter D, Chapter 121, Health and
Safety Code.
SECTION 2. Section 32.024, Human Resources Code, is amended
by adding Subsection (ll) to read as follows:
(ll) The executive commissioner shall establish a separate
provider type for local health departments, including health
service regional offices acting in the capacity of local health
departments, for purposes of enrollment as a provider for and
reimbursement under the medical assistance program.
SECTION 3. Section 32.101(2), Human Resources Code, is
amended to read as follows:
(2) "Health care provider" means a person, other than
a physician, who:
(A) is licensed or otherwise authorized to
provide a health care service in this state, including:
(i) a pharmacist, dentist, optometrist,
mental health counselor, social worker, advanced practice nurse,
physician assistant, or durable medical equipment supplier; [or]
(ii) a pharmacy, hospital, or other
institution or organization; or
(iii) a local health department or a health
service regional office acting in the capacity of a local health
department in a public health region;
(B) is wholly owned or controlled by:
(i) a health care provider or a group of
health care providers described by Paragraph (A); or
(ii) one or more hospitals and physicians,
including a physician-hospital organization;
(C) is a professional association of physicians
organized under the Texas Professional Association Law, as
described by Section 1.008, Business Organizations Code;
(D) is an approved nonprofit health corporation
certified under Chapter 162, Occupations Code;
(E) is a medical and dental unit, as defined by
Section 61.003, Education Code, a medical school, as defined by
Section 61.501, Education Code, or a health science center
described by Subchapter K, Chapter 74, Education Code, that employs
or contracts with physicians to teach or provide medical services,
or employs physicians and contracts with physicians in a practice
plan; or
(F) is another person wholly owned by physicians.
SECTION 4. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money to the commission specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the commission may, but is not
required to, implement a provision of this Act using other
appropriations that are available 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 September 1, 2020.