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A BILL TO BE ENTITLED
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AN ACT
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relating to licensing requirements to operate an end stage renal |
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disease facility and the provision of home dialysis care by a |
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dialysis technician. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.012, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
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following facilities are not required to be licensed under this |
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chapter: |
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(1) a home and community support services agency that |
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is licensed under Chapter 142 with a home dialysis designation and |
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that: |
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(A) has not more than five patients at any time as |
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a total number of patients to whom the agency provides dialysis |
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services; or |
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(B) is certified by the Centers for Medicare and |
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Medicaid Services as an end stage renal disease facility under |
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Medicare; |
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(2) a hospital licensed under Chapter 241 that |
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provides dialysis only to individuals receiving: |
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(A) inpatient services from the hospital; or |
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(B) outpatient services due to a disaster |
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declared by the governor or a federal disaster declared by the |
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president of the United States occurring in this state or another |
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state during the term of the disaster declaration; |
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(3) a hospital operated by or on behalf of the state as |
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part of the managed health care provider network established under |
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Chapter 501, Government Code, that provides dialysis only to |
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individuals receiving: |
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(A) inpatient services from the hospital; or |
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(B) outpatient services while serving a term of |
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confinement in a facility operated by or under contract with the |
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Texas Department of Criminal Justice; |
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(4) an end stage renal disease facility operated by or |
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on behalf of the state as part of the managed health care provider |
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network established under Chapter 501, Government Code, that |
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provides dialysis only to individuals receiving those services |
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while serving a term of confinement in a facility operated by or |
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under contract with the Texas Department of Criminal Justice; or |
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(5) the office of a physician, other than an [unless |
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the] office [is] used primarily as an end stage renal disease |
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facility, that: |
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(A) has not more than five patients at any time as |
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a total number of patients to whom the office provides dialysis |
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services; or |
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(B) is certified by the Centers for Medicare and |
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Medicaid Services as an end stage renal disease facility under |
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Medicare. |
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SECTION 2. Subchapter C, Chapter 251, Health and Safety |
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Code, is amended by adding Section 251.033 to read as follows: |
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Sec. 251.033. PROVISION OF HOME DIALYSIS CARE IN NURSING |
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FACILITIES. (a) A dialysis technician may provide home dialysis |
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care in a nursing facility, including hemodialysis, only if: |
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(1) the care is provided under the personal |
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supervision of a registered nurse who is: |
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(A) in compliance with all commission rules |
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regarding training and competency for registered nurses to provide |
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care at end stage renal disease facilities; and |
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(B) employed by the same entity that employs the |
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dialysis technician; and |
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(2) the dialysis technician has complied with all |
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commission rules regarding training and competency for dialysis |
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technicians. |
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(b) For purposes of this section, "personal supervision" |
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means supervision of a dialysis technician by a registered nurse |
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who is physically present in the room during the administration of |
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dialysis services by the dialysis technician. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 251.033, Health and Safety Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |