79R2336 MSE-D
By: Nelson S.B. No. 130
A BILL TO BE ENTITLED
AN ACT
relating to the provision of health and human services in this
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.073(b), Government Code, is amended
to read as follows:
(b) The commission shall establish procedures for the prior
authorization requirement under the Medicaid vendor drug program to
ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and
its subsequent amendments are met. Specifically, the procedures
must ensure that:
(1) [a prior authorization requirement is not imposed
for a drug before the drug has been considered at a meeting of the
Pharmaceutical and Therapeutics Committee established under
Section 531.074;
[(2)] there will be a response to a request for prior
authorization by telephone or other telecommunications device
within 24 hours after receipt of a request for prior authorization;
and
(2) [(3)] a 72-hour supply of the drug prescribed will
be provided in an emergency or if the commission does not provide a
response within the time required by Subdivision (1) [(2)].
SECTION 2. Section 531.1021, Government Code, is amended by
amending Subsection (g) and adding Subsection (h) to read as
follows:
(g) Except as provided by Subsection (h), all [All]
information and materials subpoenaed or compiled by the office in
connection with an investigation are confidential and not subject
to disclosure under Chapter 552, and not subject to disclosure,
discovery, subpoena, or other means of legal compulsion for their
release to anyone other than the office or its employees or agents
involved in the investigation conducted by the office, except that
this information may be disclosed to the office of the attorney
general and law enforcement agencies.
(h) Subsection (g) does not apply to information and
materials related to a resolved case. This subsection does not
waive or affect the confidentiality of information and materials
that are otherwise confidential and excepted from disclosure under
Chapter 552.
SECTION 3. Subchapter A, Chapter 61, Health and Safety
Code, is amended by adding Section 61.012 to read as follows:
Sec. 61.012. INDIGENT HEALTH CARE ADVISORY COMMITTEE. (a)
The executive commissioner of the Health and Human Services
Commission shall establish an advisory committee to advise the
commission on rules and policies concerning indigent health care
services.
(b) The committee shall consist of 11 members, including
four consumer and seven other representatives, appointed by the
executive commissioner.
(c) Chapter 2110, Government Code, does not apply to the
size or composition of the advisory committee.
SECTION 4. Section 604.154(a), Occupations Code, is amended
to read as follows:
(a) The board shall establish for the renewal of a
certificate uniform continuing education requirements of not less
than six or more than 12 continuing education hours annually [for
each renewal period].
SECTION 5. (a) The change in law made by this Act relating
to the renewal of a certificate to practice respiratory care
applies only to a certificate that is renewed on or after the
effective date of this Act. A certificate that is renewed before
the effective date of this Act is governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
(b) 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 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, 2005.