By Ellis S.B. No. 1392 74R8011 CAG-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the participation in certain governmental health care 1-3 programs by a licensed health care professional. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, 1-6 is amended by adding Section 32.043 to read as follows: 1-7 Sec. 32.043. IMPROVING ACCOUNTABILITY AND ACCESS. (a) The 1-8 department by rule shall adopt a reporting system that requires a 1-9 claimant seeking Medicaid reimbursement for a service to indicate 1-10 the type of license and the identification number of the licensed 1-11 health care provider who provided the service. 1-12 (b) A provider who receives reimbursement from state funds, 1-13 including a payment from a third party health insurance company if 1-14 the premiums for the health insurance are paid in part with state 1-15 funds, may not refuse: 1-16 (1) service to a person who has Medicaid coverage 1-17 unless 12.5 percent or more of the provider's patient contacts are 1-18 contacts with persons who have Medicaid coverage; or 1-19 (2) a referral of a person who has Medicaid coverage 1-20 made by an advanced nurse practitioner. 1-21 SECTION 2. Subtitle C, Title 2, Human Resources Code, is 1-22 amended by adding Chapter 36 to read as follows: 1-23 CHAPTER 36. PROVIDER PARTICIPATION IN CERTAIN 1-24 HEALTH CARE PROGRAMS 2-1 Sec. 36.001. DISCRIMINATION AGAINST CERTAIN PROVIDERS. A 2-2 state administered or other statutorily mandated health care 2-3 program may not refuse the participation in the health care program 2-4 by a licensed health care provider who provides a service provided 2-5 by the program if the provision of the service is within the scope 2-6 of the provider's license. 2-7 Sec. 36.002. RATE OF REIMBURSEMENT. The rate of 2-8 reimbursement for a service provided by a licensed health care 2-9 provider under a state administered or another statutorily mandated 2-10 health care program shall be determined by the agency administering 2-11 the health care program after the agency has reviewed comments made 2-12 by a committee appointed by the agency that consists of an equal 2-13 number of consumers and licensed health care providers who receive 2-14 reimbursement from the program. 2-15 SECTION 3. This Act takes effect September 1, 1995. 2-16 SECTION 4. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.