1 | 1 | | 87R5614 JG-D |
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2 | 2 | | By: Klick H.B. No. 3863 |
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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 exemptions from licensing requirements to operate an |
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8 | 8 | | end stage renal disease facility. |
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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 251.012, Health and Safety Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
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13 | 13 | | following facilities are not required to be licensed under this |
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14 | 14 | | chapter: |
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15 | 15 | | (1) a home and community support services agency that |
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16 | 16 | | is licensed under Chapter 142 with a home dialysis designation and |
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17 | 17 | | that: |
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18 | 18 | | (A) has not more than five patients at any time as |
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19 | 19 | | a total number of patients to whom the agency provides dialysis |
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20 | 20 | | services; or |
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21 | 21 | | (B) is certified by the Centers for Medicare and |
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22 | 22 | | Medicaid Services as an end stage renal disease facility under |
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23 | 23 | | Medicare; |
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24 | 24 | | (2) a hospital licensed under Chapter 241 that |
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25 | 25 | | provides dialysis only to individuals receiving: |
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26 | 26 | | (A) inpatient services from the hospital; or |
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27 | 27 | | (B) outpatient services due to a disaster |
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28 | 28 | | declared by the governor or a federal disaster declared by the |
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29 | 29 | | president of the United States occurring in this state or another |
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30 | 30 | | state during the term of the disaster declaration; |
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31 | 31 | | (3) a hospital operated by or on behalf of the state as |
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32 | 32 | | part of the managed health care provider network established under |
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33 | 33 | | Chapter 501, Government Code, that provides dialysis only to |
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34 | 34 | | individuals receiving: |
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35 | 35 | | (A) inpatient services from the hospital; or |
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36 | 36 | | (B) outpatient services while serving a term of |
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37 | 37 | | confinement in a facility operated by or under contract with the |
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38 | 38 | | Texas Department of Criminal Justice; |
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39 | 39 | | (4) an end stage renal disease facility operated by or |
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40 | 40 | | on behalf of the state as part of the managed health care provider |
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41 | 41 | | network established under Chapter 501, Government Code, that |
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42 | 42 | | provides dialysis only to individuals receiving those services |
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43 | 43 | | while serving a term of confinement in a facility operated by or |
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44 | 44 | | under contract with the Texas Department of Criminal Justice; or |
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45 | 45 | | (5) the office of a physician, other than an [unless |
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46 | 46 | | the] office [is] used primarily as an end stage renal disease |
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47 | 47 | | facility, that: |
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48 | 48 | | (A) has not more than five patients at any time as |
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49 | 49 | | a total number of patients to whom the office provides dialysis |
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50 | 50 | | services; or |
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51 | 51 | | (B) is certified by the Centers for Medicare and |
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52 | 52 | | Medicaid Services as an end stage renal disease facility under |
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53 | 53 | | Medicare. |
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54 | 54 | | SECTION 2. This Act takes effect September 1, 2021. |
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