Texas 2025 - 89th Regular

Texas House Bill HB3355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1441 KKR-F
2	2	By: Howard H.B. No. 3355
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the approval, selection, and use of an alternative
10	10	electronic visit verification system under Medicaid.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 532.0257, Government Code, as effective
13	13	April 1, 2025, is amended to read as follows:
14	14	Sec. 532.0257. HEALTH CARE PROVIDER COMPLIANCE. A health
15	15	care provider that provides to recipients personal care services,
16	16	attendant care services, or other services the commission
17	17	identifies shall:
18	18	(1) use the electronic visit verification system or an
19	19	alternative [a proprietary] system the commission approves
20	20	[allows] as provided by Section 532.0258 to document the provision
21	21	of those services;
22	22	(2) comply with all documentation requirements the
23	23	commission establishes;
24	24	(3) comply with federal and state laws regarding
25	25	confidentiality of recipients' information;
26	26	(4) ensure that the commission or the Medicaid managed
27	27	care organization with which a claim for reimbursement for a
28	28	service is filed may review electronic visit verification system
29	29	documentation related to the claim or obtain a copy of that
30	30	documentation at no charge to the commission or the organization;
31	31	and
32	32	(5) at any time, allow the commission or a Medicaid
33	33	managed care organization with which a health care provider
34	34	contracts to provide health care services to recipients enrolled in
35	35	the organization's managed care plan to have direct, on-site access
36	36	to the electronic visit verification system in use by the health
37	37	care provider.
38	38	SECTION 2. Section 532.0258, Government Code, as effective
39	39	April 1, 2025, is amended to read as follows:
40	40	Sec. 532.0258. HEALTH CARE PROVIDER: USE OF ALTERNATIVE
41	41	[PROPRIETARY] SYSTEM. (a) The commission may approve an
42	42	alternative [recognize a health care provider's proprietary]
43	43	electronic visit verification system, including a system [whether]
44	44	purchased or developed by a health care [the] provider, as
45	45	complying with this subchapter and allow a [the] health care
46	46	provider to use the [that] system [for a period the commission
47	47	determines] if the commission determines that the system[:
48	48	[(1) complies with all necessary data submission,
49	49	exchange, and reporting requirements established under this
50	50	subchapter; and
51	51	[(2)] meets all [other] standards and requirements,
52	52	including electronic visit verification business rules,
53	53	established under this subchapter.
54	54	(b) To the extent allowed by federal law [If feasible], the
55	55	executive commissioner shall ensure the vendor of an approved
56	56	alternative electronic visit verification system selected by a
57	57	health care provider under this section is reimbursed for any
58	58	electronic visit verification visit transaction costs if the [use
59	59	of the provider's proprietary electronic visit verification]
60	60	system maintains the minimum standards and requirements the
61	61	commission establishes [recognizes].
62	62	(b-1) The commission shall:
63	63	(1) allow a health care provider to select, on a form
64	64	the provider signs and in the manner the commission prescribes, any
65	65	alternative electronic visit verification system the commission
66	66	approves under this section;
67	67	(2) timely approve a provider's signed selection of
68	68	the alternative system under Subdivision (1); and
69	69	(3) allow the provider a period of 90 days to implement
70	70	the selected alternative system.
71	71	(b-2) The commission shall maintain a current list of
72	72	alternative electronic visit verification systems the commission
73	73	has approved. The list must:
74	74	(1) include:
75	75	(A) each alternative system the commission has
76	76	approved under this section;
77	77	(B) contact information for the person from whom
78	78	the alternative system may be obtained; and
79	79	(C) an electronic link to an alternative
80	80	electronic visit verification system selection form for use by a
81	81	health care provider in making a selection; and
82	82	(2) be prominently posted on the Internet website of
83	83	the commission or the commission's designee in the same location
84	84	that other information on alternative electronic visit
85	85	verification systems under this subchapter is posted.
86	86	(b-3) The commission may not limit the number of alternative
87	87	electronic visit verification systems approved under this section.
88	88	(c) For purposes of facilitating the use of alternative
89	89	[proprietary] electronic visit verification systems by health care
90	90	providers and in consultation with industry stakeholders and the
91	91	work group established under Section 532.0259, the commission or
92	92	the executive commissioner, as appropriate, shall:
93	93	(1) develop an open model system that mitigates the
94	94	administrative burdens providers required to use electronic visit
95	95	verification identify;
96	96	(2) allow providers to use emerging technologies,
97	97	including Internet-based, mobile telephone-based, and global
98	98	positioning-based technologies, in the alternative [providers'
99	99	proprietary] electronic visit verification systems approved under
100	100	this section;
101	101	(2-a) allow providers to choose a system that best meets
102	102	the providers' needs, including, if the commission changes the
103	103	vendor for the electronic visit verification system under Section
104	104	532.0253, continuing to use the previous vendor's system if the
105	105	system meets commission standards and requirements; and
106	106	(3) adopt rules governing:
107	107	(A) data submission;
108	108	(B) [and provider] reimbursement of electronic
109	109	visit verification visit transaction costs; and
110	110	(C) an efficient alternative electronic visit
111	111	verification system approval process.
112	112	SECTION 3. As soon as possible after the effective date of
113	113	this Act, the executive commissioner of the Health and Human
114	114	Services Commission shall adopt rules necessary to implement
115	115	Section 532.0258, Government Code, as amended by this Act.
116	116	SECTION 4. If before implementing any provision of this Act
117	117	a state agency determines that a waiver or authorization from a
118	118	federal agency is necessary for implementation of that provision,
119	119	the agency affected by the provision shall request the waiver or
120	120	authorization and may delay implementing that provision until the
121	121	waiver or authorization is granted.
122	122	SECTION 5. This Act takes effect September 1, 2025.