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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of a hospital at home program by certain |
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hospitals; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 241, Health and Safety Code, is amended |
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by adding Subchapter M to read as follows: |
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SUBCHAPTER M. HOSPITAL AT HOME PROGRAM |
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Sec. 241.401. DEFINITIONS. In this subchapter: |
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(1) "Acute hospital care at home waiver program" |
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means: |
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(A) the program established by the Centers for |
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Medicare and Medicaid Services under 42 U.S.C. Section 1320b-5 that |
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waives the requirements of 42 C.F.R. Sections 482.23(b) and (b)(1); |
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and |
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(B) a successor program to the program described |
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by Paragraph (A) that is established by the United States Congress |
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or the Centers for Medicare and Medicaid Services. |
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(2) "Hospital at home program" means a program |
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operated by a hospital to provide in a home setting health care |
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services that are considered to be acute hospital care for purposes |
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of the acute hospital care at home waiver program. |
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Sec. 241.402. APPROVAL. (a) A hospital may not operate a |
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hospital at home program unless the hospital: |
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(1) is approved by the Centers for Medicare and |
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Medicaid Services to operate the program; and |
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(2) receives approval from the commission under this |
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subchapter. |
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Sec. 241.403. MINIMUM STANDARDS. (a) The executive |
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commissioner shall adopt rules establishing minimum standards for |
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the operation of a hospital at home program by a hospital. |
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(b) The standards established under Subsection (a) must be |
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at least as stringent as the standards established by the Centers |
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for Medicare and Medicaid Services under the acute hospital care at |
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home waiver program. |
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Sec. 241.404. APPLICATION; APPROVAL. (a) An applicant |
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under this subchapter must: |
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(1) submit an application to the commission in the |
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form and manner prescribed by the commission; and |
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(2) pay a fee in the amount set by the commission under |
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Section 241.405. |
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(b) The commission shall approve an applicant to operate a |
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hospital at home program under this subchapter if the applicant |
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meets the standards established under Section 241.403 and satisfies |
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the requirements of this section. |
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(c) The commission may request that an applicant provide |
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additional information necessary to determine whether the |
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applicant meets the standards established under Section 241.403 |
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after the applicant has submitted an application. |
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Sec. 241.405. FEES. (a) The commission may establish a fee |
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to be assessed for approval under this subchapter. |
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(b) The commission must set the fee in an amount that is |
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reasonable and necessary to cover the costs of administering this |
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subchapter. |
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Sec. 241.406. WAIVER OF REQUIREMENTS. (a) The commission |
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by order may waive or modify a requirement of a particular provision |
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of this subchapter or a standard established under this subchapter |
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if the commission determines that the waiver or modification: |
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(1) will facilitate a hospital's creation or operation |
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of a hospital at home program; and |
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(2) is in the best interests of the individuals who are |
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or will be served by the hospital's hospital at home program. |
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(b) Sections 241.026(d) and (e) apply to a waiver or |
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modification under this section. |
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SECTION 2. This Act takes effect September 1, 2023. |