87R1751 KFF-F
 
  By: Miles S.B. No. 73
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing access to local health departments and
  certain health service regional offices under Medicaid.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 32.003, Human Resources Code, is amended
  by adding Subdivisions (2) and (3) to read as follows:
               (2)  "Health service regional office" means an office
  located in a public health region and administered by a regional
  director under Section 121.007, Health and Safety Code.
               (3)  "Local health department" means a local health
  department established under Subchapter D, Chapter 121, Health and
  Safety Code.
         SECTION 2.  Section 32.024, Human Resources Code, is amended
  by adding Subsection (ll) to read as follows:
         (ll)  The executive commissioner shall establish a separate
  provider type for local health departments, including health
  service regional offices acting in the capacity of local health
  departments, for purposes of enrollment as a provider for and
  reimbursement under the medical assistance program.
         SECTION 3.  Section 32.101(2), Human Resources Code, is
  amended to read as follows:
               (2)  "Health care provider" means a person, other than
  a physician, who:
                     (A)  is licensed or otherwise authorized to
  provide a health care service in this state, including:
                           (i)  a pharmacist, dentist, optometrist,
  mental health counselor, social worker, advanced practice nurse,
  physician assistant, or durable medical equipment supplier; [or]
                           (ii)  a pharmacy, hospital, or other
  institution or organization; or
                           (iii)  a local health department or a health
  service regional office acting in the capacity of a local health
  department in a public health region;
                     (B)  is wholly owned or controlled by:
                           (i)  a health care provider or a group of
  health care providers described by Paragraph (A); or
                           (ii)  one or more hospitals and physicians,
  including a physician-hospital organization;
                     (C)  is a professional association of physicians
  organized under the Texas Professional Association Law, as
  described by Section 1.008, Business Organizations Code;
                     (D)  is an approved nonprofit health corporation
  certified under Chapter 162, Occupations Code;
                     (E)  is a medical and dental unit, as defined by
  Section 61.003, Education Code, a medical school, as defined by
  Section 61.501, Education Code, or a health science center
  described by Subchapter K, Chapter 74, Education Code, that employs
  or contracts with physicians to teach or provide medical services,
  or employs physicians and contracts with physicians in a practice
  plan; or
                     (F)  is another person wholly owned by physicians.
         SECTION 4.  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 5.  This Act takes effect September 1, 2022.