S.B. No. 1175
  relating to the establishment of a reuse program for durable
  medical equipment provided to recipients under the Medicaid
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.0843 to read as follows:
  (a)  In this section:
               (1)  "Complex rehabilitation technology equipment"
  means equipment that is classified as durable medical equipment
  under the Medicare program on January 1, 2013, configured
  specifically for an individual to meet the individual's unique
  medical, physical, and functional needs and capabilities for basic
  and instrumental daily living activities, and medically necessary
  to prevent the individual's hospitalization or
  institutionalization.  The term includes a complex rehabilitation
  power wheelchair, highly configurable manual wheelchair, adaptive
  seating and positioning system, standing frame, and gait trainer.
               (2)  "Durable medical equipment" means equipment,
  including repair and replacement parts for the equipment, but
  excluding complex rehabilitation technology equipment, that:
                     (A)  can withstand repeated use;
                     (B)  is primarily and customarily used to serve a
  medical purpose;
                     (C)  generally is not useful to a person in the
  absence of illness or injury; and
                     (D)  is appropriate and safe for use in the home.
         (b)  If the commission determines that it is cost-effective,
  the executive commissioner by rule shall establish a program to
  facilitate the reuse of durable medical equipment provided to
  recipients under the Medicaid program.
         (c)  The program must include provisions for ensuring that:
               (1)  reused equipment meets applicable standards of
  functionality and sanitation; and
               (2)  a Medicaid recipient's participation in the reuse
  program is voluntary.
         (d)  The program does not:
               (1)  waive any immunity from liability of the
  commission or an employee of the commission; or
               (2)  create a cause of action against the commission or
  an employee of the commission arising from the provision of reused
  durable medical equipment under the program.
         (e)  In accordance with Chapter 551 or 2001, as applicable,
  the executive commissioner shall provide notice of each proposed
  rule, adopted rule, and hearing that relates to establishing the
  program under this section.
         SECTION 2.  Not later than September 1, 2014, the executive
  commissioner of the Health and Human Services Commission shall
  establish the program required by Section 531.0843, Government
  Code, as added by this Act, and adopt necessary rules to implement
  the program, if the commission determines that establishing the
  program is cost-effective.
         SECTION 3.  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 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 1175 passed the Senate on
  April 29, 2013, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 1175 passed the House on
  May 22, 2013, by the following vote:  Yeas 148, Nays 0, two
  present not voting.
  Chief Clerk of the House