78R2343 KEG-D

By:  Zaffirini                                                    S.B. No. 245



A BILL TO BE ENTITLED

AN ACT

relating to the provision of respiratory therapy services under the 
medical assistance program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.024(p), Human Resources Code, is 
amended to read as follows:
	(p)  The department shall provide home respiratory therapy 
services to a recipient of medical assistance under this chapter 
[for ventilator-dependent persons] to the extent permitted by 
federal law.
	SECTION 2.  Section 32.027(c), Human Resources Code, is 
amended to read as follows:
	(c)  A recipient of medical assistance under [that is 
authorized in] this chapter may select for the provision of 
respiratory care therapy any person authorized to practice 
respiratory care under Chapter 604, Occupations Code. The 
department shall provide reimbursement to a person authorized to 
practice respiratory care under that chapter [Act], a licensed 
health care entity, or a physician licensed to practice medicine 
under the laws of this state.
	SECTION 3.  If before implementing any provision of this Act 
a state agency determines that a waiver or authorization from a 
federal agency is necessary for implementation of that provision, 
the agency affected by the provision shall request the waiver or 
authorization and may delay implementing that provision until the 
waiver or authorization is granted.
	SECTION 4.  This Act takes effect September 1, 2003.