S.B. 245 78(R)    BILL ANALYSIS


S.B. 245
By: Zaffirini
Human Services
Committee Report (Amended)



BACKGROUND 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. Senate Bill 245
requires the Health and Human 
Services Commission to require that respiratory therapy services 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.

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 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: Section 32.027(c), Human Resources Code (Selection of
Provider of 
Medical Assistance)

SECTION 5. Effective date: September 1, 2003.

EFFECTIVE DATE

September 1, 2003.

EXPLANATION OF AMENDMENTS

Committee amendment number 1 amends Senate Bill 245 by inserting "for
ventilator dependent persons" after the word "services."