Texas 2023 - 88th Regular

Texas Senate Bill SB1156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6237 SRA-F
2	2	By: Menéndez S.B. No. 1156
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of a hospital at home program by certain
8	8	hospitals; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 241, Health and Safety Code, is amended
11	11	by adding Subchapter M to read as follows:
12	12	SUBCHAPTER M. HOSPITAL AT HOME PROGRAM
13	13	Sec. 241.401. DEFINITIONS. In this subchapter:
14	14	(1) "Acute hospital care at home waiver program"
15	15	means:
16	16	(A) the program established by the Centers for
17	17	Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 that
18	18	waives the requirements of 42 C.F.R. Sections 482.23(b) and (b)(1);
19	19	and
20	20	(B) a successor program to the program described
21	21	by Paragraph (A) that is established by the United States Congress
22	22	or the Centers for Medicare and Medicaid Services.
23	23	(2) "Hospital at home program" means a program
24	24	operated by a hospital to provide in a home setting health care
25	25	services that are considered to be acute hospital care for purposes
26	26	of the acute hospital care at home waiver program.
27	27	Sec. 241.402. APPROVAL AND LICENSE REQUIRED. (a) A
28	28	hospital may not operate a hospital at home program unless the
29	29	hospital:
30	30	(1) is approved by the Centers for Medicare and
31	31	Medicaid Services to operate the program; and
32	32	(2) holds a license issued by the commission under
33	33	this subchapter.
34	34	Sec. 241.403. MINIMUM STANDARDS. (a) The executive
35	35	commissioner shall adopt rules establishing minimum standards for
36	36	the operation of a hospital at home program by a hospital.
37	37	(b) The standards established under Subsection (a) must be
38	38	at least as stringent as the standards established by the Centers
39	39	for Medicare and Medicaid Services under the acute hospital care at
40	40	home waiver program.
41	41	Sec. 241.404. APPLICATION; ISSUANCE OF LICENSE. (a) An
42	42	applicant for a license under this subchapter must:
43	43	(1) submit an application to the commission in the
44	44	form and manner prescribed by the commission; and
45	45	(2) pay a fee in the amount set by the commission under
46	46	Section 241.405.
47	47	(b) The commission shall issue a license to an applicant to
48	48	operate a hospital at home program under this subchapter if the
49	49	applicant meets the standards established under Section 241.403 and
50	50	satisfies the requirements of this section.
51	51	(c) The commission may request that an applicant provide
52	52	additional information necessary to determine whether the
53	53	applicant meets the standards established under Section 241.403
54	54	after the applicant has submitted an application.
55	55	Sec. 241.405. FEES. (a) The commission may establish a fee
56	56	to be assessed for the issuance of a license under this subchapter.
57	57	(b) The commission must set the fee in an amount that is
58	58	reasonable and necessary to cover the costs of administering this
59	59	subchapter.
60	60	Sec. 241.406. WAIVER OF REQUIREMENTS. (a) The commission
61	61	by order may waive or modify a requirement of a particular provision
62	62	of this subchapter or a standard established under this subchapter
63	63	if the commission determines that the waiver or modification:
64	64	(1) will facilitate a hospital's creation or operation
65	65	of a hospital at home program; and
66	66	(2) is in the best interests of the individuals who are
67	67	or will be served by the hospital's hospital at home program.
68	68	(b) Sections 241.026(d) and (e) apply to a waiver or
69	69	modification under this section.
70	70	SECTION 2. This Act takes effect September 1, 2023.