H.B. No. 1890
AN ACT
relating to the operation of a hospital at home program by certain
hospitals; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 241, Health and Safety Code, is amended
by adding Subchapter M to read as follows:
SUBCHAPTER M. HOSPITAL AT HOME PROGRAM
Sec. 241.401. DEFINITIONS. In this subchapter:
(1) "Acute hospital care at home waiver program"
means:
(A) the program established by the Centers for
Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 that
waives the requirements of 42 C.F.R. Sections 482.23(b) and (b)(1);
and
(B) a successor program to the program described
by Paragraph (A) that is established by the United States Congress
or the Centers for Medicare and Medicaid Services.
(2) "Hospital at home program" means a program
operated by a hospital to provide in a home setting health care
services that are considered to be acute hospital care for purposes
of the acute hospital care at home waiver program.
Sec. 241.402. APPROVAL REQUIRED. A hospital may not
operate a hospital at home program unless the hospital is approved
to operate the program by:
(1) the Centers for Medicare and Medicaid Services;
and
(2) the commission under this subchapter.
Sec. 241.403. MINIMUM STANDARDS. (a) The executive
commissioner shall adopt rules establishing minimum standards for
the operation of a hospital at home program by a hospital.
(b) The standards established under Subsection (a) must be
at least as stringent as the standards established by the Centers
for Medicare and Medicaid Services under the acute hospital care at
home waiver program.
Sec. 241.404. APPLICATION; APPROVAL. (a) An applicant for
approval to operate a hospital at home program under this
subchapter must:
(1) submit an application to the commission in the
form and manner prescribed by the commission; and
(2) pay a fee in the amount set by the commission under
Section 241.405.
(b) The commission shall approve an application submitted
by an applicant under Subsection (a) of this section if the
applicant meets the standards established under Section 241.403 and
satisfies the requirements of this section.
(c) The commission may request that an applicant provide
additional information necessary to determine whether the
applicant meets the standards established under Section 241.403
after the applicant has submitted an application.
Sec. 241.405. FEE. (a) The commission may establish a fee
to be assessed for the consideration of an application submitted
under this subchapter.
(b) The commission must set the fee in an amount that is
reasonable and necessary to cover the costs of administering this
subchapter.
Sec. 241.406. WAIVER OF REQUIREMENTS. (a) The commission
by order may waive or modify a requirement of a particular provision
of this subchapter or a standard established under this subchapter
if the commission determines that the waiver or modification:
(1) will facilitate a hospital's creation or operation
of a hospital at home program; and
(2) is in the best interests of the individuals who are
or will be served by the hospital's hospital at home program.
(b) Sections 241.026(d) and (e) apply to a waiver or
modification under this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1890 was passed by the House on May 2,
2023, by the following vote: Yeas 133, Nays 8, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1890 was passed by the Senate on May
15, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor