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AN ACT
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relating to the alignment of certain Medicaid procedures regarding |
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written orders for diabetic equipment and supplies with comparable |
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Medicare written order procedures. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.099 to read as follows: |
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Sec. 531.099. ALIGNMENT OF MEDICAID DIABETIC EQUIPMENT AND |
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SUPPLIES WRITTEN ORDER PROCEDURES WITH MEDICARE DIABETIC EQUIPMENT |
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AND SUPPLIES WRITTEN ORDER PROCEDURES. (a) The commission shall |
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review forms and requirements under the Medicaid program regarding |
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written orders for diabetic equipment and supplies to identify |
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variations between permissible ordering procedures under that |
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program and ordering procedures available to providers under the |
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Medicare program. |
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(b) To the extent practicable, and in conformity with |
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Chapter 157, Occupations Code, and Chapter 483, Health and Safety |
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Code, after conducting a review under Subsection (a) the commission |
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shall modify only forms, rules, and procedures applicable to orders |
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for diabetic equipment and supplies under the Medicaid program to |
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provide for an ordering system that is comparable to the ordering |
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system for diabetic equipment and supplies under the Medicare |
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program. The ordering system must permit a diabetic equipment or |
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supplies supplier to complete the forms by hand or to enter by |
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electronic format medical information or supply orders into any |
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form as necessary to provide the information required to dispense |
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diabetic equipment or supplies. |
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(c) A provider of diabetic equipment and supplies may bill |
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and collect payment for the provider's services if the provider has |
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a copy of the form that meets the requirements of Subsection (b) and |
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that is signed by a medical practitioner licensed in this state to |
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treat diabetic patients. Additional documentation may not be |
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required. |
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SECTION 2. The Health and Human Services Commission may use |
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state money to implement Section 531.099, Government Code, as added |
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by this Act, only if the overall cost to the state of operating the |
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Medicaid program does not increase as a result of aligning diabetic |
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equipment and supplies written order procedures with Medicare |
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diabetic equipment and supplies written order procedures as |
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required by that section. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1487 was passed by the House on May 1, |
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2009, by the following vote: Yeas 135, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1487 on May 23, 2009, by the following vote: Yeas 136, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1487 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |