By: Lopez (Senate Sponsor - Campbell) H.B. No. 2365
(In the Senate - Received from the House May 6, 2021;
May 17, 2021, read first time and referred to Committee on Health &
Human Services; May 21, 2021, reported favorably by the following
vote: Yeas 9, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the participation and reimbursement of certain military
medical treatment facilities and affiliated health care providers
under Medicaid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0275 to read as follows:
Sec. 32.0275. MILITARY MEDICAL TREATMENT FACILITIES AND
AFFILIATED HEALTH CARE PROVIDERS; REIMBURSEMENT. (a) In this
section, "military medical treatment facility" means a military
medical treatment facility described by 10 U.S.C. Section 1073d(b),
(c), or (d).
(b) This section applies only to a military medical
treatment facility located in this state that has been verified as a
Level 1 trauma center by the American College of Surgeons or an
equivalent organization.
(c) A military medical treatment facility or a health care
provider providing services at a military medical treatment
facility is considered a provider under Medicaid for purposes of
providing and receiving reimbursement for:
(1) inpatient emergency services; and
(2) related outpatient services to the extent those
services are not available from an enrolled Medicaid provider at
the time the services are needed.
(d) If a Medicaid recipient experiences an injury for which
the recipient receives inpatient emergency services from a military
medical treatment facility that is a hospital, the commission may
not impose a 30-day spell of illness limitation or other
requirement that limits the period of time the recipient may
receive those services.
SECTION 2. 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 3. This Act takes effect September 1, 2021.
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