80R8664 UM-F
 
  By: Duncan S.B. No. 1226
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the provision of diabetes self-management training
under the state Medicaid program and the child health plan 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 32.076 to read as follows:
       Sec. 32.076.  DIABETES SELF-MANAGEMENT TRAINING. (a)
Notwithstanding Section 32.057 and to the extent allowed by federal
law, the medical assistance program must provide diabetes
self-management training in accordance with Section 1358.055,
Insurance Code, to a recipient of medical assistance diagnosed with
diabetes.
       (b)  In implementing this section, the Health and Human
Services Commission shall ensure that:
             (1)  an assessment of a recipient for the diabetes
self-management training includes a review of the recipient's
medical history, risk factors, health status, resource
utilization, knowledge and skill level, and cultural barriers to
effective diabetes self-management;
             (2)  a recipient receives a minimum of:
                   (A)  10 hours of initial self-management training
with a diabetes educator; and
                   (B)  three hours of initial nutrition education
with a registered dietitian;
             (3)  after receipt of the initial self-management
training, the recipient receives a minimum of two hours of training
each year with a diabetes educator and two hours of training each
year with a registered dietitian;
             (4)  if diabetes self-management training is provided
in group sessions, the recipient has direct, face-to-face
interaction with the educator and is offered a sufficient number of
individual sessions to meet the recipient's cultural and
educational needs; and
             (5)  the recipient may repeat all or part of the
self-management training as necessary, regardless of whether the
recipient is diagnosed with a new health condition or experiences a
change in health status.
       SECTION 2.  Subchapter D, Chapter 62, Health and Safety
Code, is amended by adding Section 62.160 to read as follows:
       Sec. 62.160.  DIABETES SELF-MANAGEMENT TRAINING. (a)
Notwithstanding Section 62.159 and to the extent allowed by federal
law, in providing disease management services required by Section
62.159, the child health plan must provide diabetes self-management
training in accordance with Section 1358.055, Insurance Code, to an
enrolled child diagnosed with diabetes in a developmentally
appropriate manner.
       (b)  In implementing this section, the commission shall
ensure that:
             (1)  an assessment of an enrolled child for the
diabetes self-management training includes a review of the child's
medical history, risk factors, health status, resource
utilization, knowledge and skill level, and cultural barriers to
effective diabetes self-management;
             (2)  an enrolled child, when developmentally
appropriate, receives a minimum of:
                   (A)  10 hours of initial self-management training
with a diabetes educator; and
                   (B)  three hours of initial nutrition education
with a registered dietitian;
             (3)  after receipt of the initial self-management
training, the child receives a minimum of two hours of training each
year with a diabetes educator and two hours of training each year
with a registered dietitian;
             (4)  if diabetes self-management training is provided
in group sessions, the child has direct, face-to-face interaction
with the educator and is offered a sufficient number of individual
sessions to meet the child's cultural and educational needs; and
             (5)  the child may repeat all or part of the
self-management training as necessary, regardless of whether the
child is diagnosed with a new health condition or experiences a
change in health status.
       SECTION 3.  Subchapter A, Chapter 533, Government Code, is
amended by adding Section 533.0091 to read as follows:
       Sec. 533.0091.  DIABETES SELF-MANAGEMENT TRAINING.  
Notwithstanding Section 533.009 and to the extent allowed by
federal law, the commission shall ensure that a managed care
organization under contract with the commission to provide health
care services to a recipient provides diabetes self-management
training to a recipient diagnosed with diabetes. The training must
meet the requirements of:
             (1)  Section 1358.055, Insurance Code; and
             (2)  Section 32.076(b), Human Resources Code.
       SECTION 4.  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 5.  This Act takes effect September 1, 2007.