BILL ANALYSIS HUMAN SERVICES C.S.H.B. 607 By: Maxey 4-17-97 Committee Report (substituted) BACKGROUND A number of advocacy groups have indicated that there are a number of individuals interested in donating durable medical equipment who have difficulty finding an organization or individual interested in taking the equipment. In addition, there are individuals who do not qualify for state or federal assistance but do not have the funds with which to purchase new equipment. A central information point would enable individuals to get information on organizations and individuals within their community who are interested in donating or receiving used durable medical equipment. PURPOSE The purpose of HB 607 is to create a hotline that maintains a listing of durable medical equipment and assistive technology to be donated and provides information on resources in the local community. RULEMAKING AUTHORITY This legislation provides rulemaking authority in SECTION 1, Section 116.006. SECTION-BY-SECTION ANALYSIS SECTION 1.Title 7, Human Resources Code amended by adding Chapter 116. Section 116.001.Definition. Defines the commission to mean the Texas Rehabilitation Commission. Section 116.002.Durable Medical Equipment and Assistive Technology Listing. (a)Instructs the Commission to create a listing for durable medical equipment. (b)Establishes a toll-free telephone number for the listing and directs the Commission to refer individuals to an appropriately licensed non-profit in their local area. (c)Instructs the commission to design a sticker listing the toll-free number for the medical equipment listing. (d)Instructs the commission to distribute the sticker to all retailers of durable medical equipment in the state. (e)Requires all vendors to place the sticker on all equipment sold to individuals. (f)States that Chapter 2175, Government Code, dealing with surplus and salvage equipment, does not apply to the equipment in the listing. Section 116.003. Local Organization. (a)Instructs the commission to encourage the development of local organizations to facilitate the reuse of durable medical equipment. (b)Directs the commission to provide licensing information to the local organizations who seek such information. Section 116.004.Authority to Contract. Allows the commission to contract with local organizations and other state agencies to facilitate the reuse of equipment. Section 116.005. Durable Medical Equipment and Assistive Technology Owned by the State. Requires donated equipment that is owned by the state that is donated to be donated only to a non-profit organization under Chapter 432, Health and Safety Code. Section 116.006.Rules. Instructs the commission to adopt rules to implement the medical equipment listing. SECTION 2.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE 1)Added the term "assistive technology" to the title of the listing and in each instance where the term "durable medical equipment" is used. This was done at the request of advocates from the Texas Assistive Technology Partnership. To disability advocates, the term "assistive technology" is more focused on equipment that seeks to increase the capabilities of people with disabilities than the term "durable medical equipment". 2)In SECTION 1, Section 116.002 (b), language was added that directs the commission to only refer individuals seeking to donate equipment to non-profit organizations licensed under Chapter 432 of the Health and Safety Code. This was done in order to comply with the federal Food, Drug, and Cosmetic Act. 3)In SECTION 1, Section 116.003, Subsection (b) was added that directs the commission to provide licensing information to non-profit organizations seeking such information. 4)In SECTION 1, Section 116.005, "publicly owned" was replaced by "owned by the state". This change was made to clear up confusion about what equipment is required to be donated to an indigent individual. Equipment purchased through Medicaid, Medicare, or private pay can be donated to anyone. 5)Language was also added to SECTION 1, Section 116.005, that clarifies that the state is not required to donate equipment but, if equipment is donated, it must be donated to a non-profit organization licensed under Chapter 432, Health and Safety Code. This was also done to comply with federal law.