By Zaffirini S.B. No. 33 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.