| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
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 AND LICENSE REQUIRED. (a) A |
|
|
hospital may not operate a hospital at home program unless the |
|
|
hospital: |
|
|
(1) is approved by the Centers for Medicare and |
|
|
Medicaid Services to operate the program; and |
|
|
(2) holds a license issued by 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; ISSUANCE OF LICENSE. (a) An |
|
|
applicant for a license 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 issue a license to an applicant to |
|
|
operate a hospital at home program under this subchapter 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. FEES. (a) The commission may establish a fee |
|
|
to be assessed for the issuance of a license 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 September 1, 2023. |