1 | 1 | | 89R4910 AND-D |
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2 | 2 | | By: Alvarado S.B. No. 2348 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to Medicare provider certification and enrollment |
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10 | 10 | | prerequisites to Medicaid and child health plan program provider |
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11 | 11 | | enrollment. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Subchapter D, Chapter 532, Government Code, as |
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14 | 14 | | effective April 1, 2025, is amended by adding Section 532.0159 to |
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15 | 15 | | read as follows: |
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16 | 16 | | Sec. 532.0159. MEDICARE PROVIDER CERTIFICATION OR |
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17 | 17 | | ENROLLMENT AS PREREQUISITE TO MEDICAID PROVIDER ENROLLMENT. (a) |
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18 | 18 | | This section applies only to a provider that has not been terminated |
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19 | 19 | | or excluded from participating as a provider under Medicare, |
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20 | 20 | | another state's Medicaid program, or the child health plan program. |
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21 | 21 | | (b) To participate as a provider in Medicaid, a provider |
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22 | 22 | | must be certified for enrollment or enrolled as a provider in |
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23 | 23 | | Medicare unless the provider is exempted as provided by Subsection |
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24 | 24 | | (c). |
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25 | 25 | | (c) A provider is exempt from the Medicare certification or |
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26 | 26 | | enrollment requirement under Subsection (b) if: |
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27 | 27 | | (1) the provider's type of practice or health care |
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28 | 28 | | services offered are not covered by Medicare; |
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29 | 29 | | (2) the provider's exclusion from Medicaid |
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30 | 30 | | participation on the basis of the lack of Medicare certification or |
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31 | 31 | | enrollment will restrict a recipient's access to necessary |
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32 | 32 | | services; or |
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33 | 33 | | (3) a commission or other state agency rule expressly |
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34 | 34 | | exempts the provider from the Medicare certification or enrollment |
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35 | 35 | | requirement. |
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36 | 36 | | SECTION 2. Subchapter D, Chapter 62, Health and Safety |
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37 | 37 | | Code, is amended by adding Section 62.1562 to read as follows: |
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38 | 38 | | Sec. 62.1562. MEDICARE PROVIDER CERTIFICATION OR |
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39 | 39 | | ENROLLMENT AS PREREQUISITE TO CHILD HEALTH PLAN PROGRAM HEALTH CARE |
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40 | 40 | | PROVIDER ENROLLMENT. (a) This section applies only to a health |
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41 | 41 | | care provider that has not been terminated or excluded from |
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42 | 42 | | participating as a provider under Medicare or this state's or |
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43 | 43 | | another state's Medicaid program. |
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44 | 44 | | (b) To participate as a health care provider in the child |
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45 | 45 | | health plan program, a health care provider must be certified for |
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46 | 46 | | enrollment or enrolled as a provider in Medicare unless the |
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47 | 47 | | provider is exempted as provided by Subsection (c). |
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48 | 48 | | (c) A health care provider is exempt from the Medicare |
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49 | 49 | | provider certification or enrollment requirement under Subsection |
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50 | 50 | | (b) if: |
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51 | 51 | | (1) the provider's type of practice or health care |
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52 | 52 | | services offered are not covered by Medicare; |
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53 | 53 | | (2) the provider's exclusion from child health plan |
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54 | 54 | | program participation on the basis of the lack of Medicare |
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55 | 55 | | certification or enrollment will restrict an enrollee's access to |
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56 | 56 | | necessary health care services; or |
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57 | 57 | | (3) a commission or other state agency rule expressly |
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58 | 58 | | exempts the provider from the Medicare certification or enrollment |
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59 | 59 | | requirement. |
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60 | 60 | | SECTION 3. If before implementing any provision of this Act |
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61 | 61 | | a state agency determines that a waiver or authorization from a |
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62 | 62 | | federal agency is necessary for implementation of that provision, |
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63 | 63 | | the agency affected by the provision shall request the waiver or |
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64 | 64 | | authorization and may delay implementing that provision until the |
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65 | 65 | | waiver or authorization is granted. |
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66 | 66 | | SECTION 4. This Act takes effect September 1, 2025. |
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