1 | 1 | | 87R941 KFF-D |
---|
2 | 2 | | By: Shaheen H.B. No. 484 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to a direct primary care model pilot program for Medicaid. |
---|
8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
9 | 9 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
---|
10 | 10 | | amended by adding Section 531.024151 to read as follows: |
---|
11 | 11 | | Sec. 531.024151. DIRECT PRIMARY CARE MODEL PILOT PROGRAM |
---|
12 | 12 | | FOR MEDICAID. (a) In this section: |
---|
13 | 13 | | (1) "Direct fee" means a fee charged by a physician to |
---|
14 | 14 | | a patient or a patient's designee for primary medical care services |
---|
15 | 15 | | provided by, or to be provided by, the physician to the |
---|
16 | 16 | | patient. The term includes a fee in any form, including a: |
---|
17 | 17 | | (A) retainer; |
---|
18 | 18 | | (B) membership fee; |
---|
19 | 19 | | (C) subscription fee; or |
---|
20 | 20 | | (D) fee paid under a medical service agreement. |
---|
21 | 21 | | (2) "Direct primary care," "medical service |
---|
22 | 22 | | agreement," "physician," and "primary medical care service" have |
---|
23 | 23 | | the meanings assigned by Section 162.251, Occupations Code. |
---|
24 | 24 | | (3) "Participating physician" means a physician |
---|
25 | 25 | | participating in the pilot program. |
---|
26 | 26 | | (4) "Participating recipient" means a Medicaid |
---|
27 | 27 | | recipient participating in the pilot program. |
---|
28 | 28 | | (5) "Pilot program" means the direct primary care |
---|
29 | 29 | | model pilot program established under this section. |
---|
30 | 30 | | (b) The commission shall develop a pilot program to |
---|
31 | 31 | | implement a direct primary care model in Medicaid through which a |
---|
32 | 32 | | Medicaid recipient enters into a medical service agreement with a |
---|
33 | 33 | | physician for the provision of primary medical care services in |
---|
34 | 34 | | exchange for a direct fee that is paid on a monthly basis. |
---|
35 | 35 | | (c) The commission shall implement the pilot program |
---|
36 | 36 | | statewide. |
---|
37 | 37 | | (d) Under the pilot program, a participating physician: |
---|
38 | 38 | | (1) is not required to enroll as a Medicaid provider; |
---|
39 | 39 | | and |
---|
40 | 40 | | (2) notwithstanding Subdivision (1), has the |
---|
41 | 41 | | authority of ordering, referring, and prescribing Medicaid |
---|
42 | 42 | | providers for purposes of the pilot program. |
---|
43 | 43 | | (e) To be eligible to participate in the pilot program, a |
---|
44 | 44 | | physician must be practicing under a direct primary care model that |
---|
45 | 45 | | does not accept payment or otherwise seek reimbursement for primary |
---|
46 | 46 | | medical care services from a third-party insurer or managed care |
---|
47 | 47 | | organization. |
---|
48 | 48 | | (f) A Medicaid recipient must be younger than 65 years of |
---|
49 | 49 | | age to be eligible to participate in the pilot program. The |
---|
50 | 50 | | recipient or the recipient's parent or legally authorized |
---|
51 | 51 | | representative on behalf of the recipient must enter into a medical |
---|
52 | 52 | | service agreement with a physician eligible to participate in the |
---|
53 | 53 | | pilot program. After the commission verifies that the recipient or |
---|
54 | 54 | | the recipient's parent or legally authorized representative has |
---|
55 | 55 | | entered into the agreement, the commission shall pay the lesser of: |
---|
56 | 56 | | (1) the amount of the direct fee required under the |
---|
57 | 57 | | agreement; or |
---|
58 | 58 | | (2) $40 per month for a recipient who is 18 years of |
---|
59 | 59 | | age or younger, or $70 per month for a recipient who is at least 19 |
---|
60 | 60 | | years of age but younger than 65 years of age. |
---|
61 | 61 | | (g) A participating recipient shall pay the amount of the |
---|
62 | 62 | | direct fee required under the medical service agreement that |
---|
63 | 63 | | exceeds the maximum fee amount the commission pays under Subsection |
---|
64 | 64 | | (f). |
---|
65 | 65 | | (h) The commission may pay the amount of the direct fee |
---|
66 | 66 | | under a medical service agreement directly to the participating |
---|
67 | 67 | | recipient, who is then responsible for paying the participating |
---|
68 | 68 | | physician under the agreement, or may establish a system under |
---|
69 | 69 | | which the commission pays the fee directly to the physician, either |
---|
70 | 70 | | by depositing the fee into an account established for the physician |
---|
71 | 71 | | for that purpose or by another means the commission determines most |
---|
72 | 72 | | appropriate. If cost-effective, the commission may issue an |
---|
73 | 73 | | electronic benefits transfer card to a participating recipient who |
---|
74 | 74 | | shall use the card to pay the amount of the direct fee under an |
---|
75 | 75 | | agreement. |
---|
76 | 76 | | (i) A participating recipient shall immediately notify the |
---|
77 | 77 | | commission when a medical service agreement terminates. |
---|
78 | 78 | | (j) Not later than December 31, 2024, the commission shall |
---|
79 | 79 | | prepare and submit a report to the legislature that includes: |
---|
80 | 80 | | (1) a summary of the commission's evaluation of the |
---|
81 | 81 | | effect of the pilot program on the provision of primary medical care |
---|
82 | 82 | | services and Medicaid costs; and |
---|
83 | 83 | | (2) a recommendation as to whether the pilot program |
---|
84 | 84 | | should be continued or terminated. |
---|
85 | 85 | | (k) The executive commissioner shall adopt rules as |
---|
86 | 86 | | necessary to implement this section. |
---|
87 | 87 | | (l) The pilot program terminates and this section expires |
---|
88 | 88 | | September 1, 2025. |
---|
89 | 89 | | SECTION 2. If before implementing any provision of this Act |
---|
90 | 90 | | a state agency determines that a waiver or authorization from a |
---|
91 | 91 | | federal agency is necessary for implementation of that provision, |
---|
92 | 92 | | the agency affected by the provision shall request the waiver or |
---|
93 | 93 | | authorization and may delay implementing that provision until the |
---|
94 | 94 | | waiver or authorization is granted. |
---|
95 | 95 | | SECTION 3. This Act takes effect September 1, 2021. |
---|