Texas 2023 - 88th Regular

Texas Senate Bill SB1715 Compare Versions

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1	1	88R4150 KKR-D
2	2	By: Perry S.B. No. 1715
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a family health aide program;
8	8	requiring an occupational license.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 531, Government Code, is amended by
11	11	adding Subchapter T to read as follows:
12	12	SUBCHAPTER T. FAMILY HEALTH AIDE PROGRAM
13	13	Sec. 531.801. DEFINITIONS. (a) In this subchapter:
14	14	(1) "Home and community support services agency" means
15	15	a person licensed under Chapter 142, Health and Safety Code.
16	16	(2) "Licensed health aide" means a person who is:
17	17	(A) the parent, legal guardian, or family member
18	18	of a recipient participating in the program;
19	19	(B) licensed under the program to assist in
20	20	providing private duty nursing services; and
21	21	(C) employed by the home and community support
22	22	services agency providing services to the recipient.
23	23	(3) "Private duty nursing services" means nursing
24	24	services provided under the Texas Health Steps comprehensive care
25	25	program to a recipient enrolled in the STAR Kids Medicaid managed
26	26	care program.
27	27	(4) "Program" means the family health aide program
28	28	established under this subchapter.
29	29	Sec. 531.802. FAMILY HEALTH AIDE PROGRAM. The commission,
30	30	in consultation with the Texas Board of Nursing and the STAR Kids
31	31	Managed Care Advisory Committee, shall develop and implement a
32	32	family health aide program to enable a parent, legal guardian, or
33	33	family member of a recipient receiving private duty nursing
34	34	services in a home setting to assist in providing those services as
35	35	a licensed health aide.
36	36	Sec. 531.803. PROGRAM ELIGIBILITY. An individual is
37	37	eligible to participate in the program if:
38	38	(1) the recipient is:
39	39	(A) enrolled in the STAR Kids Medicaid managed
40	40	care program; and
41	41	(B) eligible to receive private duty nursing
42	42	services under the Texas Health Steps comprehensive care program;
43	43	(2) the recipient's parent, legal guardian, or family
44	44	member, as defined by commission rule, elects to participate in the
45	45	program; and
46	46	(3) the home and community support services agency
47	47	that employs the professional registered nurse providing private
48	48	duty nursing services to the recipient agrees to employ the
49	49	recipient's parent, legal guardian, or family member.
50	50	Sec. 531.804. RECIPIENT SCREENING AND NOTIFICATION. The
51	51	commission shall:
52	52	(1) add criteria to any screening tool or other
53	53	instrument used to conduct an assessment or reassessment of a
54	54	recipient under the STAR Kids Medicaid managed care program to
55	55	identify recipients who are eligible to participate in the program;
56	56	and
57	57	(2) notify the parent or legally authorized
58	58	representative of the recipient of the potential availability of
59	59	the program.
60	60	Sec. 531.805. HEALTH AIDE LICENSE REQUIRED. (a) To assist
61	61	in providing private duty nursing services to a recipient under the
62	62	program, a parent, legal guardian, or other family member of the
63	63	recipient must hold a license under this subchapter. An applicant
64	64	for a license under this subchapter must:
65	65	(1) submit an application to the commission in the
66	66	form and manner the commission prescribes; and
67	67	(2) satisfy all training, testing, and other minimum
68	68	qualification standards the commission establishes.
69	69	(b) Notwithstanding any other law, the executive
70	70	commissioner shall, in consultation with the Texas Board of
71	71	Nursing, adopt rules and procedures for issuing a license and for
72	72	renewing, suspending, or revoking a license issued under this
73	73	subchapter. The rules must:
74	74	(1) provide that the commission establish minimum
75	75	qualification standards and, subject to Section 531.806, training
76	76	requirements for obtaining and maintaining the license;
77	77	(2) provide that the commission issue the license
78	78	under this subchapter; and
79	79	(3) prescribe procedures for accepting complaints and
80	80	conducting investigations of alleged violations of the terms of the
81	81	licensure by license holders.
82	82	Sec. 531.806. TRAINING PROGRAM. (a) The commission shall
83	83	develop or approve a health aide training program. The program must
84	84	include instruction on:
85	85	(1) transferring;
86	86	(2) positioning;
87	87	(3) ambulation;
88	88	(4) feeding;
89	89	(5) personal care;
90	90	(6) catheter care;
91	91	(7) range of motion;
92	92	(8) vital signs;
93	93	(9) blood pressure;
94	94	(10) medication administration;
95	95	(11) tracheostomy care;
96	96	(12) enteral care and therapy;
97	97	(13) administering enteral feedings;
98	98	(14) formula types and preparation; and
99	99	(15) other tasks the commission approves.
100	100	(b) The commission may not impose a fee on an applicant for
101	101	the training required by this subchapter.
102	102	Sec. 531.807. LICENSE RESTRICTED; LIMITED SCOPE OF
103	103	PRACTICE. (a) A license holder under this subchapter:
104	104	(1) may only provide health aide services to a
105	105	recipient who is:
106	106	(A) related to the license holder; and
107	107	(B) enrolled in the program; and
108	108	(2) must be employed by the home and community support
109	109	services agency that employs the nurse providing private duty
110	110	nursing services to the recipient.
111	111	(b) A licensed health aide may only provide health services
112	112	to a recipient if the services are:
113	113	(1) delegated to the health aide by the professional
114	114	registered nurse providing private duty nursing services to the
115	115	recipient;
116	116	(2) performed under the supervision of that nurse;
117	117	(3) consistent with Texas Board of Nursing rules
118	118	governing the delegation of nursing tasks by a registered
119	119	professional nurse and federal law and regulations governing the
120	120	provision of private duty nursing services under Medicaid,
121	121	including 42 C.F.R. Section 440.80;
122	122	(4) consistent with the recipient's plan of care; and
123	123	(5) authorized by commission rules.
124	124	Sec. 531.808. LICENSED HEALTH AIDE REGISTRY. The
125	125	commission shall establish and maintain a registry of health aides
126	126	licensed under this subchapter.
127	127	Sec. 531.809. HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
128	128	OUTREACH. The commission shall:
129	129	(1) provide information about the program to home and
130	130	community support services agencies that provide private duty
131	131	nursing services under the STAR Kids Medicaid managed care program;
132	132	and
133	133	(2) encourage agencies to employ health aides licensed
134	134	under this subchapter.
135	135	Sec. 531.810. REIMBURSEMENT FOR LICENSED HEALTH AIDE
136	136	SERVICES. The commission shall reimburse a home and community
137	137	support services agency for services provided to a recipient by a
138	138	licensed health aide under this subchapter at a rate that is at
139	139	least equal to the current Medicare low utilization payment
140	140	adjustment visit rates for this state. Reimbursement for the
141	141	services is subject to an enhanced reimbursement rate of a
142	142	certified nursing assistant. The commission shall administer
143	143	reimbursement based on billing units.
144	144	Sec. 531.811. RULES. The executive commissioner shall
145	145	adopt rules necessary to implement this subchapter.
146	146	SECTION 2. The commission shall implement the family health
147	147	aide program established under Subchapter T, Chapter 531,
148	148	Government Code, as added by this Act, not later than September 1,
149	149	2024.
150	150	SECTION 3. If before implementing any provision of this Act
151	151	a state agency determines that a waiver or authorization from a
152	152	federal agency is necessary for implementation of that provision,
153	153	the agency affected by the provision shall request the waiver or
154	154	authorization and may delay implementing that provision until the
155	155	waiver or authorization is granted.
156	156	SECTION 4. This Act takes effect September 1, 2023.