Texas 2021 - 87th Regular

Texas Senate Bill SB1568 Compare Versions

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11 87R5614 JG-D
22 By: Lucio S.B. No. 1568
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to exemptions from licensing requirements to operate an
88 end stage renal disease facility.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 251.012, Health and Safety Code, is
1111 amended to read as follows:
1212 Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The
1313 following facilities are not required to be licensed under this
1414 chapter:
1515 (1) a home and community support services agency that
1616 is licensed under Chapter 142 with a home dialysis designation and
1717 that:
1818 (A) has not more than five patients at any time as
1919 a total number of patients to whom the agency provides dialysis
2020 services; or
2121 (B) is certified by the Centers for Medicare and
2222 Medicaid Services as an end stage renal disease facility under
2323 Medicare;
2424 (2) a hospital licensed under Chapter 241 that
2525 provides dialysis only to individuals receiving:
2626 (A) inpatient services from the hospital; or
2727 (B) outpatient services due to a disaster
2828 declared by the governor or a federal disaster declared by the
2929 president of the United States occurring in this state or another
3030 state during the term of the disaster declaration;
3131 (3) a hospital operated by or on behalf of the state as
3232 part of the managed health care provider network established under
3333 Chapter 501, Government Code, that provides dialysis only to
3434 individuals receiving:
3535 (A) inpatient services from the hospital; or
3636 (B) outpatient services while serving a term of
3737 confinement in a facility operated by or under contract with the
3838 Texas Department of Criminal Justice;
3939 (4) an end stage renal disease facility operated by or
4040 on behalf of the state as part of the managed health care provider
4141 network established under Chapter 501, Government Code, that
4242 provides dialysis only to individuals receiving those services
4343 while serving a term of confinement in a facility operated by or
4444 under contract with the Texas Department of Criminal Justice; or
4545 (5) the office of a physician, other than an [unless
4646 the] office [is] used primarily as an end stage renal disease
4747 facility, that:
4848 (A) has not more than five patients at any time as
4949 a total number of patients to whom the office provides dialysis
5050 services; or
5151 (B) is certified by the Centers for Medicare and
5252 Medicaid Services as an end stage renal disease facility under
5353 Medicare.
5454 SECTION 2. This Act takes effect September 1, 2021.