H.B. No. 1890
 
 
 
 
AN ACT
  relating to the operation of a hospital at home program by certain
  hospitals; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 241, Health and Safety Code, is amended
  by adding Subchapter M to read as follows:
  SUBCHAPTER M. HOSPITAL AT HOME PROGRAM
         Sec. 241.401.  DEFINITIONS. In this subchapter:
               (1)  "Acute hospital care at home waiver program"
  means:
                     (A)  the program established by the Centers for
  Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 that
  waives the requirements of 42 C.F.R. Sections 482.23(b) and (b)(1);
  and
                     (B)  a successor program to the program described
  by Paragraph (A) that is established by the United States Congress
  or the Centers for Medicare and Medicaid Services.
               (2)  "Hospital at home program" means a program
  operated by a hospital to provide in a home setting health care
  services that are considered to be acute hospital care for purposes
  of the acute hospital care at home waiver program.
         Sec. 241.402.  APPROVAL REQUIRED. A hospital may not
  operate a hospital at home program unless the hospital is approved
  to operate the program by:
               (1)  the Centers for Medicare and Medicaid Services;
  and
               (2)  the commission under this subchapter.
         Sec. 241.403.  MINIMUM STANDARDS. (a) The executive
  commissioner shall adopt rules establishing minimum standards for
  the operation of a hospital at home program by a hospital.
         (b)  The standards established under Subsection (a) must be
  at least as stringent as the standards established by the Centers
  for Medicare and Medicaid Services under the acute hospital care at
  home waiver program.
         Sec. 241.404.  APPLICATION; APPROVAL.  (a)  An applicant for
  approval to operate a hospital at home program under this
  subchapter must:
               (1)  submit an application to the commission in the
  form and manner prescribed by the commission; and
               (2)  pay a fee in the amount set by the commission under
  Section 241.405.
         (b)  The commission shall approve an application submitted
  by an applicant under Subsection (a) of this section if the
  applicant meets the standards established under Section 241.403 and
  satisfies the requirements of this section.
         (c)  The commission may request that an applicant provide
  additional information necessary to determine whether the
  applicant meets the standards established under Section 241.403
  after the applicant has submitted an application.
         Sec. 241.405.  FEE. (a)  The commission may establish a fee
  to be assessed for the consideration of an application submitted
  under this subchapter.
         (b)  The commission must set the fee in an amount that is
  reasonable and necessary to cover the costs of administering this
  subchapter.
         Sec. 241.406.  WAIVER OF REQUIREMENTS. (a) The commission
  by order may waive or modify a requirement of a particular provision
  of this subchapter or a standard established under this subchapter
  if the commission determines that the waiver or modification:
               (1)  will facilitate a hospital's creation or operation
  of a hospital at home program; and
               (2)  is in the best interests of the individuals who are
  or will be served by the hospital's hospital at home program.
         (b)  Sections 241.026(d) and (e) apply to a waiver or
  modification under this section.
         SECTION 2.  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, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1890 was passed by the House on May 2,
  2023, by the following vote:  Yeas 133, Nays 8, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1890 was passed by the Senate on May
  15, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor