By: Zaffirini S.B. No. 245
(In the Senate - Filed January 22, 2003; February 5, 2003,
read first time and referred to Committee on Health and Human
Services; April 23, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
April 23, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 245 By: Zaffirini
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. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.059 to read as follows:
Sec. 32.059. USE OF RESPIRATORY THERAPISTS FOR RESPIRATORY
THERAPY SERVICES. The department by rule shall 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:
(1) respiratory therapy is determined by the
recipient's treating physician to be the most effective method of
treatment; and
(2) the use of a respiratory therapist is practicable
and cost-neutral or cost-effective.
SECTION 2. The Health and Human Services Commission or a
relevant agency operating part of the medical assistance program
shall adopt rules required by Section 32.059, Human Resources Code,
as added by this Act, not later than December 1, 2003.
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. Subsection (c), Section 32.027, Human Resources
Code, is repealed.
SECTION 5. This Act takes effect September 1, 2003.
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