Texas 2021 - 87th Regular

Texas House Bill HB484 Compare Versions

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11 87R941 KFF-D
22 By: Shaheen H.B. No. 484
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a direct primary care model pilot program for Medicaid.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1010 amended by adding Section 531.024151 to read as follows:
1111 Sec. 531.024151. DIRECT PRIMARY CARE MODEL PILOT PROGRAM
1212 FOR MEDICAID. (a) In this section:
1313 (1) "Direct fee" means a fee charged by a physician to
1414 a patient or a patient's designee for primary medical care services
1515 provided by, or to be provided by, the physician to the
1616 patient. The term includes a fee in any form, including a:
1717 (A) retainer;
1818 (B) membership fee;
1919 (C) subscription fee; or
2020 (D) fee paid under a medical service agreement.
2121 (2) "Direct primary care," "medical service
2222 agreement," "physician," and "primary medical care service" have
2323 the meanings assigned by Section 162.251, Occupations Code.
2424 (3) "Participating physician" means a physician
2525 participating in the pilot program.
2626 (4) "Participating recipient" means a Medicaid
2727 recipient participating in the pilot program.
2828 (5) "Pilot program" means the direct primary care
2929 model pilot program established under this section.
3030 (b) The commission shall develop a pilot program to
3131 implement a direct primary care model in Medicaid through which a
3232 Medicaid recipient enters into a medical service agreement with a
3333 physician for the provision of primary medical care services in
3434 exchange for a direct fee that is paid on a monthly basis.
3535 (c) The commission shall implement the pilot program
3636 statewide.
3737 (d) Under the pilot program, a participating physician:
3838 (1) is not required to enroll as a Medicaid provider;
3939 and
4040 (2) notwithstanding Subdivision (1), has the
4141 authority of ordering, referring, and prescribing Medicaid
4242 providers for purposes of the pilot program.
4343 (e) To be eligible to participate in the pilot program, a
4444 physician must be practicing under a direct primary care model that
4545 does not accept payment or otherwise seek reimbursement for primary
4646 medical care services from a third-party insurer or managed care
4747 organization.
4848 (f) A Medicaid recipient must be younger than 65 years of
4949 age to be eligible to participate in the pilot program. The
5050 recipient or the recipient's parent or legally authorized
5151 representative on behalf of the recipient must enter into a medical
5252 service agreement with a physician eligible to participate in the
5353 pilot program. After the commission verifies that the recipient or
5454 the recipient's parent or legally authorized representative has
5555 entered into the agreement, the commission shall pay the lesser of:
5656 (1) the amount of the direct fee required under the
5757 agreement; or
5858 (2) $40 per month for a recipient who is 18 years of
5959 age or younger, or $70 per month for a recipient who is at least 19
6060 years of age but younger than 65 years of age.
6161 (g) A participating recipient shall pay the amount of the
6262 direct fee required under the medical service agreement that
6363 exceeds the maximum fee amount the commission pays under Subsection
6464 (f).
6565 (h) The commission may pay the amount of the direct fee
6666 under a medical service agreement directly to the participating
6767 recipient, who is then responsible for paying the participating
6868 physician under the agreement, or may establish a system under
6969 which the commission pays the fee directly to the physician, either
7070 by depositing the fee into an account established for the physician
7171 for that purpose or by another means the commission determines most
7272 appropriate. If cost-effective, the commission may issue an
7373 electronic benefits transfer card to a participating recipient who
7474 shall use the card to pay the amount of the direct fee under an
7575 agreement.
7676 (i) A participating recipient shall immediately notify the
7777 commission when a medical service agreement terminates.
7878 (j) Not later than December 31, 2024, the commission shall
7979 prepare and submit a report to the legislature that includes:
8080 (1) a summary of the commission's evaluation of the
8181 effect of the pilot program on the provision of primary medical care
8282 services and Medicaid costs; and
8383 (2) a recommendation as to whether the pilot program
8484 should be continued or terminated.
8585 (k) The executive commissioner shall adopt rules as
8686 necessary to implement this section.
8787 (l) The pilot program terminates and this section expires
8888 September 1, 2025.
8989 SECTION 2. If before implementing any provision of this Act
9090 a state agency determines that a waiver or authorization from a
9191 federal agency is necessary for implementation of that provision,
9292 the agency affected by the provision shall request the waiver or
9393 authorization and may delay implementing that provision until the
9494 waiver or authorization is granted.
9595 SECTION 3. This Act takes effect September 1, 2021.