SRC-LBB, VRA, MSY S.B. 245 78(R)BILL ANALYSIS


Senate Research CenterS.B. 245
By: Zaffirini
Health and Human Services
8/24/2003
Enrolled


DIGEST AND PURPOSE 

Currently, respiratory care therapists cannot bill Medicaid.  Over the
past 50 years, respiratory care has moved from being primarily a
hospital-based service to one that is provided in a variety of care
alternative sites, especially in the home.  S.B. 245 requires the Health
and Human Services Commission to require that respiratory therapy services
for ventilator-dependent persons furnished as part of a plan of care be
provided by a respiratory therapist authorized to practice respiratory
care.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission or an agency operating part of the medical assistance program,
as appropriate in SECTION 1 (Section 32.059, Human Resources Code) and
SECTION 2 of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 32, Human Resources Code, by
adding Section 32.059, as follows: 

Sec.  32.059.  USE OF RESPIRATORY THERAPISTS FOR RESPIRATORY THERAPY
SERVICES.  Requires the Health and Human Services Commission (HHSC) or an
agency operating part of the medical assistance program, as appropriate,
by rule to require that respiratory therapy services for
ventilator-dependent persons furnished as part of a plan of care under
this chapter be provided by a respiratory therapist authorized to practice
respiratory care under Chapter 604, Occupations Code, when certain
criteria are met.   

SECTION 2.  Requires HHSC or a relevant agency operating part of the
medical assistance program to adopt rules required by Section 32.059,
Human Resources Code, as added by this Act, not later than December 1,
2003.    

SECTION 3.  Authorizes a state agency to delay implementing a provision of
this Act until a requested federal waiver or authorization necessary to
implement that provision is granted. 

SECTION 4.  Repealer:  Subsection (c), Human Resources Code (Selection of
Provider of Medical Assistance).   

SECTION 5.  Effective date:  September 1, 2003.