1 | 1 | | 87R1751 KFF-F |
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2 | 2 | | By: Klick H.B. No. 3834 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to providing access to local health departments and |
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8 | 8 | | certain health service regional offices under Medicaid. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 32.003, Human Resources Code, is amended |
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11 | 11 | | by adding Subdivisions (2) and (3) to read as follows: |
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12 | 12 | | (2) "Health service regional office" means an office |
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13 | 13 | | located in a public health region and administered by a regional |
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14 | 14 | | director under Section 121.007, Health and Safety Code. |
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15 | 15 | | (3) "Local health department" means a local health |
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16 | 16 | | department established under Subchapter D, Chapter 121, Health and |
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17 | 17 | | Safety Code. |
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18 | 18 | | SECTION 2. Section 32.024, Human Resources Code, is amended |
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19 | 19 | | by adding Subsection (ll) to read as follows: |
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20 | 20 | | (ll) The executive commissioner shall establish a separate |
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21 | 21 | | provider type for local health departments, including health |
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22 | 22 | | service regional offices acting in the capacity of local health |
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23 | 23 | | departments, for purposes of enrollment as a provider for and |
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24 | 24 | | reimbursement under the medical assistance program. |
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25 | 25 | | SECTION 3. Section 32.101(2), Human Resources Code, is |
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26 | 26 | | amended to read as follows: |
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27 | 27 | | (2) "Health care provider" means a person, other than |
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28 | 28 | | a physician, who: |
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29 | 29 | | (A) is licensed or otherwise authorized to |
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30 | 30 | | provide a health care service in this state, including: |
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31 | 31 | | (i) a pharmacist, dentist, optometrist, |
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32 | 32 | | mental health counselor, social worker, advanced practice nurse, |
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33 | 33 | | physician assistant, or durable medical equipment supplier; [or] |
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34 | 34 | | (ii) a pharmacy, hospital, or other |
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35 | 35 | | institution or organization; or |
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36 | 36 | | (iii) a local health department or a health |
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37 | 37 | | service regional office acting in the capacity of a local health |
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38 | 38 | | department in a public health region; |
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39 | 39 | | (B) is wholly owned or controlled by: |
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40 | 40 | | (i) a health care provider or a group of |
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41 | 41 | | health care providers described by Paragraph (A); or |
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42 | 42 | | (ii) one or more hospitals and physicians, |
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43 | 43 | | including a physician-hospital organization; |
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44 | 44 | | (C) is a professional association of physicians |
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45 | 45 | | organized under the Texas Professional Association Law, as |
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46 | 46 | | described by Section 1.008, Business Organizations Code; |
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47 | 47 | | (D) is an approved nonprofit health corporation |
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48 | 48 | | certified under Chapter 162, Occupations Code; |
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49 | 49 | | (E) is a medical and dental unit, as defined by |
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50 | 50 | | Section 61.003, Education Code, a medical school, as defined by |
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51 | 51 | | Section 61.501, Education Code, or a health science center |
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52 | 52 | | described by Subchapter K, Chapter 74, Education Code, that employs |
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53 | 53 | | or contracts with physicians to teach or provide medical services, |
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54 | 54 | | or employs physicians and contracts with physicians in a practice |
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55 | 55 | | plan; or |
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56 | 56 | | (F) is another person wholly owned by physicians. |
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57 | 57 | | SECTION 4. If before implementing any provision of this Act |
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58 | 58 | | a state agency determines that a waiver or authorization from a |
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59 | 59 | | federal agency is necessary for implementation of that provision, |
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60 | 60 | | the agency affected by the provision shall request the waiver or |
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61 | 61 | | authorization and may delay implementing that provision until the |
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62 | 62 | | waiver or authorization is granted. |
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63 | 63 | | SECTION 5. This Act takes effect September 1, 2022. |
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