S.B. No. 1808
 
 
 
 
AN ACT
  relating to the regulation of providers of certain Medicaid
  services to persons with an intellectual or developmental
  disability.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 142.003(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The following persons need not be licensed under this
  chapter:
               (1)  a physician, dentist, registered nurse,
  occupational therapist, or physical therapist licensed under the
  laws of this state who provides home health services to a client
  only as a part of and incidental to that person's private office
  practice;
               (2)  a registered nurse, licensed vocational nurse,
  physical therapist, occupational therapist, speech therapist,
  medical social worker, or any other health care professional as
  determined by the department who provides home health services as a
  sole practitioner;
               (3)  a registry that operates solely as a clearinghouse
  to put consumers in contact with persons who provide home health,
  hospice, habilitation, or personal assistance services and that
  does not maintain official client records, direct client services,
  or compensate the person who is providing the service;
               (4)  an individual whose permanent residence is in the
  client's residence;
               (5)  an employee of a person licensed under this
  chapter who provides home health, hospice, habilitation, or
  personal assistance services only as an employee of the license
  holder and who receives no benefit for providing the services,
  other than wages from the license holder;
               (6)  a home, nursing home, convalescent home, assisted
  living facility, special care facility, or other institution for
  individuals who are elderly or who have disabilities that provides
  home health or personal assistance services only to residents of
  the home or institution;
               (7)  a person who provides one health service through a
  contract with a person licensed under this chapter;
               (8)  a durable medical equipment supply company;
               (9)  a pharmacy or wholesale medical supply company
  that does not furnish services, other than supplies, to a person at
  the person's house;
               (10)  a hospital or other licensed health care facility
  that provides home health or personal assistance services only to
  inpatient residents of the hospital or facility;
               (11)  a person providing home health or personal
  assistance services to an injured employee under Title 5, Labor
  Code;
               (12)  a visiting nurse service that:
                     (A)  is conducted by and for the adherents of a
  well-recognized church or religious denomination; and
                     (B)  provides nursing services by a person exempt
  from licensing by Section 301.004, Occupations Code, because the
  person furnishes nursing care in which treatment is only by prayer
  or spiritual means;
               (13)  an individual hired and paid directly by the
  client or the client's family or legal guardian to provide home
  health or personal assistance services;
               (14)  a business, school, camp, or other organization
  that provides home health or personal assistance services,
  incidental to the organization's primary purpose, to individuals
  employed by or participating in programs offered by the business,
  school, or camp that enable the individual to participate fully in
  the business's, school's, or camp's programs;
               (15)  a person or organization providing
  sitter-companion services or chore or household services that do
  not involve personal care, health, or health-related services;
               (16)  a licensed health care facility that provides
  hospice services under a contract with a hospice;
               (17)  a person delivering residential acquired immune
  deficiency syndrome hospice care who is licensed and designated as
  a residential AIDS hospice under Chapter 248;
               (18)  the Texas Department of Criminal Justice;
               (19)  a person that provides home health, hospice,
  habilitation, or personal assistance services only to persons
  receiving benefits under:
                     (A)  the home and community-based services (HCS)
  waiver program;
                     (B)  the Texas home living (TxHmL) waiver program;
                     (C)  the STAR + PLUS or other Medicaid managed
  care program under the program's HCS or TxHmL certification; or
                     (D)  Section 534.152, Government Code; [or]
               (20)  a person who provides intellectual and
  developmental disabilities habilitative specialized services under
  Medicaid and is:
                     (A)  a certified HCS or TxHmL provider; or
                     (B)  a local intellectual and developmental
  disability authority contracted under Section 534.105; or
               (21)  an individual who provides home health or
  personal assistance services as the employee of a consumer or an
  entity or employee of an entity acting as a consumer's fiscal agent
  under Section 531.051, Government Code.
         SECTION 2.  Section 250.001(3), Health and Safety Code, is
  amended to read as follows:
               (3)  "Facility" means:
                     (A)  a nursing facility, custodial care home, or
  other institution licensed by the Department of Aging and
  Disability Services under Chapter 242;
                     (B)  an assisted living facility licensed by the
  Department of Aging and Disability Services under Chapter 247;
                     (C)  a home and community support services agency
  licensed under Chapter 142;
                     (D)  a day activity and health services facility
  licensed by the Department of Aging and Disability Services under
  Chapter 103, Human Resources Code;
                     (E)  an ICF-IID licensed under Chapter 252;
                     (F)  an adult foster care provider that contracts
  with the Department of Aging and Disability Services;
                     (G)  a facility that provides mental health
  services and that is operated by or contracts with the Department of
  State Health Services;
                     (H)  a local mental health authority designated
  under Section 533.035 or a local intellectual and developmental
  disability authority designated under Section 533.035;
                     (I)  a person exempt from licensing under Section
  142.003(a)(19) or (20);
                     (J)  a special care facility licensed by the
  Department of State Health Services under Chapter 248;
                     (K)  a mental health service unit of a hospital
  licensed under Chapter 241; or
                     (L)  a prescribed pediatric extended care center
  licensed by the Department of Aging and Disability Services under
  Chapter 248A.
         SECTION 3.  Section 260.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 260.002.  EXEMPTIONS. This chapter does not apply to:
               (1)  a person that is required to be licensed under
  Chapter 142, 242, 246, 247, or 252;
               (2)  a person that is exempt from licensing under
  Section 142.003(a)(19) or (20), 242.003(3), or 247.004(4);
               (3)  a hotel as defined by Section 156.001, Tax Code;
               (4)  a retirement community;
               (5)  a monastery or convent;
               (6)  a child-care facility as defined by Section
  42.002, Human Resources Code;
               (7)  a family violence shelter center as defined by
  Section 51.002, Human Resources Code; or
               (8)  a sorority or fraternity house or other dormitory
  associated with an institution of higher education.
         SECTION 4.  Section 48.401(1), Human Resources Code, is
  amended to read as follows:
               (1)  "Agency" means:
                     (A)  an entity licensed under Chapter 142, Health
  and Safety Code;
                     (B)  a person exempt from licensing under Section
  142.003(a)(19) or (20), Health and Safety Code;
                     (C)  a facility licensed under Chapter 252, Health
  and Safety Code; or
                     (D)  a provider investigated by the department
  under Subchapter F or under Section 261.404, Family Code.
         SECTION 5.  This Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1808 passed the Senate on    
  April 29, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1808 passed the House on        
  May 26, 2021, by the following vote:  Yeas 120, Nays 27, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor