75R13088 CLG-F By Coleman H.B. No. 1939 Substitute the following for H.B. No. 1939: By Berlanga C.S.H.B. No. 1939 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to Medicaid coverage of certain nutrition therapy and 1-3 nutrition services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 32.024, Human Resources Code, is amended 1-6 by adding Subsection (t) to read as follows: 1-7 (t) Subject to the availability of funds appropriated by the 1-8 legislature, the state shall provide coverage under the state 1-9 Medicaid program for cost-effective and medically necessary enteral 1-10 nutrition therapy, and related nutrition services that are ordered 1-11 by a physician for the nutritional management of an illness, 1-12 injury, disorder, or other condition as prescribed by the Texas 1-13 Board of Health. The nutrition services must be provided by a 1-14 licensed dietitian. The department may require prior authorization 1-15 as a condition for coverage of therapy or services under this 1-16 subsection. In this subsection: 1-17 (1) "Enteral nutrition formula" means a medical 1-18 nutritional product that provides complete and balanced nutrition 1-19 to a person and is capable of being the person's only source of 1-20 nutrition. 1-21 (2) "Enteral nutrition therapy" means an enteral 1-22 nutrition formula provided orally or by tube feeding or related 1-23 medical supplies or equipment to a malnourished person who has a 1-24 functioning gastrointestinal tract but because of pathology cannot 2-1 maintain the person's weight or strength in a manner that is 2-2 commensurate to the person's general health condition. 2-3 (3) "Licensed dietitian" and "nutrition services" have 2-4 the meanings assigned by Section 2, Licensed Dietitian Act (Article 2-5 4512h, Vernon's Texas Civil Statutes). 2-6 (4) "Physician" means a physician licensed by the 2-7 Texas State Board of Medical Examiners. 2-8 SECTION 2. If before implementing a provision of this Act a 2-9 state agency determines that a waiver or authorization from a 2-10 federal agency is necessary for implementation, the agency shall 2-11 request the waiver or authorization and may delay implementing that 2-12 provision until the waiver or authorization is granted. 2-13 SECTION 3. This Act takes effect September 1, 1997. 2-14 SECTION 4. The importance of this legislation and the 2-15 crowded condition of the calendars in both houses create an 2-16 emergency and an imperative public necessity that the 2-17 constitutional rule requiring bills to be read on three several 2-18 days in each house be suspended, and this rule is hereby suspended.