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AN ACT
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relating to medical assistance reimbursement for wheeled mobility |
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systems for recipients of medical assistance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0424 to read as follows: |
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Sec. 32.0424. REIMBURSEMENT FOR WHEELED MOBILITY SYSTEMS. |
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(a) In this section: |
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(1) "Qualified rehabilitation professional" means a |
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person who: |
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(A) holds a certification as an assistive |
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technology professional or a rehabilitation engineering |
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technologist issued by, and is in good standing with, the |
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Rehabilitation Engineering and Assistive Technology Society of |
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North America, provided that the requirements for that |
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certification are at least as stringent as the requirements in |
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effect on January 1, 2009; or |
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(B) is otherwise qualified to conduct the |
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professional activities of a person who holds a certification |
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described by Paragraph (A), as determined by rules adopted by the |
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executive commissioner of the Health and Human Services Commission. |
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(2) "Wheeled mobility system" means an item of durable |
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medical equipment that is a customized powered or manual mobility |
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device or a feature or component of the device, including the |
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following features and components: |
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(A) seated positioning components; |
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(B) powered or manual seating options; |
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(C) specialty driving controls; |
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(D) multiple adjustment frame; |
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(E) nonstandard performance options; and |
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(F) other complex or specialized components. |
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(b) The department may provide medical assistance |
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reimbursement for the provision of, or the performance of a major |
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modification to, a wheeled mobility system only if: |
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(1) the system is delivered to a recipient by a medical |
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assistance provider that is, or directly employs or contracts with, |
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a qualified rehabilitation professional and that professional was |
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present and involved in any clinical assessment of the recipient |
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that is required for obtaining the system; and |
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(2) at the time the wheeled mobility system is |
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delivered to the recipient, the qualified rehabilitation |
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professional: |
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(A) is present for and directs a fitting to |
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ensure that the system is appropriate for the recipient; and |
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(B) verifies that the system functions relative |
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to the recipient. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules specifying: |
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(1) the scope, including any required components, of |
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the fitting and verification of functionality required by |
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Subsection (b); |
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(2) documentation of the fitting and verification of |
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functionality that must be submitted as part of a claim for |
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reimbursement for the provision or modification of a wheeled |
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mobility system; and |
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(3) the appropriate reimbursement methodology for |
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compensating the evaluation and final fitting services provided by |
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qualified rehabilitation professionals involved in the provision |
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or modification of wheeled mobility systems. |
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SECTION 2. Not later than January 1, 2011, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Subsection (c), Section 32.0424, Human |
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Resources Code, as added by this Act. |
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SECTION 3. The changes in law made by Section 32.0424, Human |
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Resources Code, as added by this Act, apply only to a claim for |
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medical assistance reimbursement made for a wheeled mobility system |
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that is delivered on or after September 1, 2011. A claim for |
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medical assistance reimbursement made for a system that is |
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delivered before that date is governed by the law in effect on the |
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date the system was delivered, and that law is continued in effect |
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for that purpose. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1804 passed the Senate on |
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May 6, 2009, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 29, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1804 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 148, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |