By Raymond                                            H.B. No. 1152
         77R541 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the provision of prescribed medications and community
 1-3     and personal care services under the medical assistance program.
 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 (x) to read as follows:
 1-7           (x)  The department shall provide coverage for three
 1-8     prescribed medications each month for a recipient of services under
 1-9     the frail elderly program.
1-10           SECTION 2. Section 32.026, Human Resources Code, is amended
1-11     by adding Subsection (d) to read as follows:
1-12           (d)  The department by rule shall provide for the
1-13     determination and certification of presumptive eligibility for a
1-14     person who appears to meet the financial and other program
1-15     eligibility criteria for the receipt of services under the primary
1-16     home care program or community-based alternatives program.
1-17           SECTION 3. Subchapter B, Chapter 32, Human Resources Code, is
1-18     amended by adding Section 32.053 to read as follows:
1-19           Sec. 32.053.  DELEGATION BY REGISTERED NURSE UNDER PRIMARY
1-20     HOME CARE PROGRAM.  The department, in its rules governing the
1-21     primary home care program, shall permit a registered nurse to
1-22     delegate to an unlicensed attendant the performance of appropriate
1-23     nursing tasks under the nurse's supervision  in accordance with
1-24     rules adopted by the Board of Nurse Examiners.
 2-1           SECTION 4. If before implementing any provision of this Act a
 2-2     state agency determines that a waiver or authorization from a
 2-3     federal agency is necessary for implementation of that provision,
 2-4     the agency affected by the provision shall request the waiver or
 2-5     authorization and may delay implementing that provision until the
 2-6     waiver or authorization is granted.
 2-7           SECTION 5. This Act takes effect September 1, 2001, and
 2-8     applies to a person receiving medical assistance on or after that
 2-9     date regardless of the date on which the person began receiving
2-10     that medical assistance.