89R385 JG-D
By: Miles S.B. No. 374
A BILL TO BE ENTITLED
AN ACT
relating to Medicaid coverage and reimbursement for emergency
outpatient dialysis treatment provided to certain individuals with
end stage renal disease.
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 32.02465 to read as follows:
Sec. 32.02465. MEDICAL ASSISTANCE COVERAGE AND
REIMBURSEMENT FOR CERTAIN PERSONS REQUIRING EMERGENCY OUTPATIENT
DIALYSIS TREATMENT. (a) This section applies only to an individual
who:
(1) has end stage renal disease; and
(2) in accordance with Section 1903(v), Social
Security Act (42 U.S.C. Section 1396b(v)), is eligible for medical
assistance benefits if the benefits are necessary to treat an
emergency medical condition.
(b) For purposes of 42 C.F.R. Section 440.255, emergency
services required to treat an emergency medical condition include
outpatient dialysis treatment provided to an individual to whom
this section applies at a hospital or an end stage renal disease
facility, as defined by Section 251.001, Health and Safety Code.
(c) The commission shall ensure that medical assistance
reimbursement authorized under Section 1903(v), Social Security
Act (42 U.S.C. Section 1396b(v)), is provided for outpatient
dialysis treatment provided to an individual to whom this section
applies.
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, 2025.