88R11490 JG-D
By: Hefner H.B. No. 4888
A BILL TO BE ENTITLED
AN ACT
relating to Medicaid coverage and reimbursement for non-opioid
treatments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.03117 to read as follows:
Sec. 32.03117. REIMBURSEMENT FOR NON-OPIOID TREATMENTS.
(a) In this section:
(1) "Non-opioid treatment" means:
(A) a drug or biological product that is
indicated to produce analgesia without acting on the body's opioid
receptors; or
(B) an implantable, reusable, or disposable
medical device:
(i) approved for use by the United States
Food and Drug Administration for the intended use of eliminating or
reducing pain; and
(ii) that has demonstrated the ability to
replace, reduce, or avoid opioid use.
(2) "OPD services" has the meaning assigned by 42
U.S.C. Section 1395l(t)(1)(B).
(b) The commission shall ensure that medical assistance
reimbursement is provided to a provider who provides a non-opioid
treatment to a recipient under the medical assistance program.
(c) The executive commissioner by rule shall ensure that, to
the extent permitted by federal law, a provider who provides OPD
services to a medical assistance recipient is reimbursed separately
under the medical assistance program for any non-opioid treatment
provided as a part of those services.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. This Act takes effect September 1, 2023.