|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the alignment of certain Medicaid procedures regarding |
|
written orders for diabetic equipment and supplies with comparable |
|
Medicare written order procedures. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 531, Government Code, is |
|
amended by adding Section 531.099 to read as follows: |
|
Sec. 531.099. ALIGNMENT OF MEDICAID DIABETIC EQUIPMENT AND |
|
SUPPLIES WRITTEN ORDER PROCEDURES WITH MEDICARE DIABETIC EQUIPMENT |
|
AND SUPPLIES WRITTEN ORDER PROCEDURES. (a) The commission shall |
|
review forms and requirements under the Medicaid program regarding |
|
written orders for diabetic equipment and supplies to identify |
|
variations between permissible ordering procedures under that |
|
program and ordering procedures available to providers under the |
|
Medicare program. |
|
(b) To the extent practicable, and notwithstanding any |
|
other state law, after conducting a review under Subsection (a) the |
|
commission shall modify rules and procedures applicable to written |
|
orders for diabetic equipment and supplies under the Medicaid |
|
program to provide for an ordering system that is comparable to the |
|
ordering system for diabetic equipment and supplies under the |
|
Medicare program. The ordering system must permit the following |
|
persons to complete forms by hand or to enter by electronic format |
|
medical information or supply orders into any form as necessary to |
|
provide the information required to dispense diabetic equipment or |
|
supplies: |
|
(1) a physician; |
|
(2) a physician assistant; |
|
(3) a nurse practitioner; |
|
(4) a clinical nurse specialist; |
|
(5) a provider of diabetic equipment or supplies; or |
|
(6) any staff member or employee designated by a |
|
person listed in Subdivisions (1)-(5). |
|
(c) A provider of diabetic equipment and supplies may bill |
|
and collect payment for the provider's services if the provider has |
|
a copy of the form that meets the requirements of Subsection (b) and |
|
that is signed by a medical practitioner licensed in this state to |
|
treat diabetic patients. Additional documentation may not be |
|
required. |
|
SECTION 2. 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 3. This Act takes effect September 1, 2009. |