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A BILL TO BE ENTITLED
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AN ACT
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relating to Medicaid coverage and reimbursement for emergency |
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outpatient dialysis treatment provided to certain individuals with |
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end stage renal disease. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.02465 to read as follows: |
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Sec. 32.02465. MEDICAL ASSISTANCE COVERAGE AND |
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REIMBURSEMENT FOR CERTAIN PERSONS REQUIRING EMERGENCY OUTPATIENT |
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DIALYSIS TREATMENT. (a) This section applies only to an individual |
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who: |
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(1) has end stage renal disease; and |
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(2) in accordance with Section 1903(v), Social |
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Security Act (42 U.S.C. Section 1396b(v)), is eligible for medical |
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assistance benefits if the benefits are necessary to treat an |
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emergency medical condition. |
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(b) For purposes of 42 C.F.R. Section 440.255, emergency |
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services required to treat an emergency medical condition include |
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outpatient dialysis treatment provided at a hospital or end stage |
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renal disease facility, as defined by Section 251.001, Health and |
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Safety Code, to an individual to whom this section applies. |
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(c) The commission shall ensure that medical assistance |
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reimbursement authorized under Section 1903(v), Social Security |
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Act (42 U.S.C. Section 1396b(v)), is provided for outpatient |
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dialysis treatment provided to an individual to whom this section |
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applies. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2023. |