H.B. No. 1990
  relating to a diabetes self-management training pilot program under
  the state Medicaid program.
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.0319 to read as follows:
  PROGRAM. (a)  Notwithstanding Section 32.057, Human Resources
  Code, or Section 533.009 and to the extent allowed by federal law,
  the commission shall establish a pilot program to provide diabetes
  self-management training services to selected Medicaid recipients.
         (b)  The commission may select a person to participate in the
  pilot program if the person is:
               (1)  a recipient of Medicaid under the fee-for-service
  or primary care case management delivery model;
               (2)  diagnosed with diabetes; and
               (3)  enrolled in a disease management program available
  to Medicaid recipients.
         (c)  In establishing the pilot program the commission shall
  ensure that:
               (1)  either:
                     (A)  a provider of diabetes self-management
  training under the program is certified to provide the training in
  accordance with the quality standards for diabetes self-management
  training services described by the Medicare Benefit Policy Manual,
  Chapter 15, Section 300, as effective on January 1, 2009; or
                     (B)  a certified diabetes educator is hired to
  provide the training;
               (2)  an assessment of a potential participant in the
  program is conducted that includes a review of the person's medical
  history, risk factors, health status, resource utilization,
  knowledge and skill level, and cultural barriers to effective
  diabetes self-management;
               (3)  a participant is offered 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 or with a diabetes educator if a
  registered dietitian is not available;
               (4)  after receipt of the initial self-management
  training and nutrition education, the participant is offered each
  year a minimum of:
                     (A)  two hours of self-management training with a
  diabetes educator; and
                     (B)  two hours of nutrition education with a
  registered dietitian or with a diabetes educator if a registered
  dietitian is not available;
               (5)  if diabetes self-management training is provided
  in group sessions, the participant has direct, face-to-face
  interaction with the diabetes educator and is offered a sufficient
  number of individual sessions to meet the participant's cultural
  and educational needs; and
               (6)  the participant may repeat all or part of the
  self-management training as medically necessary, regardless of
  whether the participant is diagnosed with a new health condition or
  experiences a change in health status.
         (d)  The commission shall ensure that the pilot program
  measures the progress of program participants while enrolled in the
  program using specific health outcomes for diabetes disease
         (e)  Information collected by the commission during the
  pilot program is confidential and may be disclosed only as
  authorized by this section in a manner that prevents disclosure of
  individually identifiable information.
         (f)  Not later than December 1, 2012, the commission shall
  submit a report to the governor, lieutenant governor, speaker of
  the house of representatives, standing committees of the
  legislature with appropriate subject matter jurisdiction, and
  Texas Diabetes Council regarding:
               (1)  the data and outcomes that result from the
  diabetes self-management training pilot program; and
               (2)  any other relevant information as determined by
  the commission.
         (g)  This section expires September 1, 2013.
         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 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, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1990 was passed by the House on April
  23, 2009, by the following vote:  Yeas 146, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 1990 was passed by the Senate on May
  13, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________