By Coleman                                      H.B. No. 1939

      75R6173 CLG-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to Medicaid coverage of certain nutritional feedings,

 1-3     nutritional counseling services, and medical nutritional products.

 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 parenteral and enteral nutritional feedings,

1-10     medical nutritional products taken orally, restorative feedings

1-11     that are medically necessary and cost-effective, and nutritional

1-12     counseling services that are provided for medical purposes.  The

1-13     state may require prior authorization as a condition for coverage

1-14     of medical nutritional products under this subsection.  In this

1-15     subsection, "medical nutritional product" means a product

1-16     prescribed by a physician that is necessary for the nutritional

1-17     management of an illness, injury, disorder, or other health

1-18     condition as prescribed by the Texas Department of Health.

1-19           SECTION 2.  If before implementing a provision of this Act a

1-20     state agency determines that a waiver or authorization from a

1-21     federal agency is necessary for implementation, the agency shall

1-22     request the waiver or authorization and may delay implementing that

1-23     provision until the waiver or authorization is granted.

1-24           SECTION 3.  This Act takes effect September 1, 1997.

 2-1           SECTION 4.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.