H.B. No. 1252




AN ACT

relating to providing services for persons with chronic kidney 
disease under the medical assistance program.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 533.009, Government Code, is amended by 
amending Subsection (a) and adding Subsection (f) to read as 
follows:
	(a)  The commission shall ensure that managed care 
organizations under contract with the commission to provide health 
care services to recipients develop and implement special disease 
management programs to manage a disease or other chronic health 
conditions, such as heart disease, chronic kidney disease and its 
medical complications, respiratory illness, including asthma, 
diabetes, end-stage renal disease, HIV infection, or AIDS, and with 
respect to which the commission identifies populations for which 
disease management would be cost-effective.
	(f)  If a managed care organization implements a special 
disease management program to manage chronic kidney disease and its 
medical complications as provided by Subsection (a) and the managed 
care organization develops a program to provide screening for and 
diagnosis and treatment of chronic kidney disease and its medical 
complications to recipients under the organization's managed care 
plan, the program for screening, diagnosis, and treatment must use 
generally recognized clinical practice guidelines and laboratory 
assessments that identify chronic kidney disease on the basis of 
impaired kidney function or the presence of kidney damage.
	SECTION 2.  Section 32.059(a), Human Resources Code, as 
added by Chapter 208, Acts of the 78th Legislature, Regular 
Session, 2003, is amended to read as follows:
	(a)  The department shall request contract proposals from 
providers of disease management programs to provide program 
services to recipients of medical assistance who:
		(1)  have a disease or other chronic health condition, 
such as heart disease, hemophilia, chronic kidney disease and its 
medical complications, diabetes, respiratory illness, end-stage 
renal disease, HIV infection, or AIDS, that the department 
determines is a disease or condition that needs disease management; 
and
		(2)  are not eligible to receive those services under a 
Medicaid managed care plan.
	SECTION 3.  Subchapter B, Chapter 32, Human Resources Code, 
is amended by adding Section 32.069 to read as follows:
	Sec. 32.069.  CHRONIC KIDNEY DISEASE MANAGEMENT INITIATIVE.  
A provider of disease management programs under Section 32.059, as 
added by Chapter 208, Acts of the 78th Legislature, Regular 
Session, 2003, shall develop a program to provide screening for and 
diagnosis and treatment of chronic kidney disease and its medical 
complications under the medical assistance program.  The program 
must use generally recognized clinical practice guidelines and 
laboratory assessments that identify chronic kidney disease on the 
basis of impaired kidney function or the presence of kidney damage.
	SECTION 4.  To provide program services to persons with 
chronic kidney disease under the medical assistance program, the 
Health and Human Services Commission may modify an existing 
contract between the commission and a provider of a disease 
management program under the medical assistance program or between 
the commission and a managed care organization under the medical 
assistance program, as applicable.
	SECTION 5.  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 6.  This Act takes effect September 1, 2005.                           




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 1252 was passed by the House on May 
13, 2005, by a non-record vote; and that the House concurred in 
Senate amendments to H.B. No. 1252 on May 26, 2005, by a non-record 
vote.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 1252 was passed by the Senate, with 
amendments, on May 23, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor