H.B. No. 111
AN ACT
relating to responsibility for payment for transport by ambulance
of a recipient of medical assistance in certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.024, Human Resources Code, is amended
by amending Subsection (t) and adding Subsection (z) to read as
follows:
(t) The department by rule shall require a physician,
nursing facility, health care provider, or other responsible party
to obtain authorization from the department or a person authorized
to act on behalf of the department before an ambulance is used to
transport a recipient of medical assistance under this chapter in
circumstances not involving an emergency. The rules must provide
that:
(1) except as provided by Subdivision (3), a request
for authorization must be evaluated based on the recipient's
medical needs and may be granted for a length of time appropriate to
the recipient's medical condition;
(2) except as provided by Subdivision (3), a response
to a request for authorization must be made not later than 48 hours
after receipt of the request;
(3) a request for authorization must be immediately
granted and must be effective for a period of 180 days from the date
of issuance if the request includes a written statement from a
physician that:
(A) states that alternative means of
transporting the recipient are contraindicated; and
(B) is dated not earlier than the 60th day before
the date on which the request for authorization is made; [and]
(4) a person denied payment for ambulance services
rendered is entitled to payment from the nursing facility, health
care provider, or other responsible party that requested the
services if:
(A) payment under the medical assistance program
is denied because of lack of prior authorization; and
(B) the person provides the nursing facility,
health care provider, or other responsible party with a copy of the
bill for which payment was denied; and
(5) a person denied payment for services rendered
because of failure to obtain prior authorization or because a
request for prior authorization was denied is entitled to appeal
the denial of payment to the department.
(z) The department shall incorporate physician-oriented
instruction on the appropriate procedures for authorizing
ambulance service into current medical education courses.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 111 was passed by the House on April
24, 2003, by the following vote: Yeas 138, Nays 0, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 111 on May 29, 2003, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 111 on May 31, 2003, by the following vote: Yeas 142,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 111 was passed by the Senate, with
amendments, on May 27, 2003, by the following vote: Yeas 29, Nays
2; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
111 on May 31, 2003, by the following vote: Yeas 28, Nays 2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor