| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to medical assistance reimbursement for the provision of a |
|
|
wheeled mobility system to a recipient of medical assistance. |
|
|
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 32.0424 to read as follows: |
|
|
Sec. 32.0424. REIMBURSEMENT FOR WHEELED MOBILITY SYSTEMS. |
|
|
(a) In this section: |
|
|
(1) "Qualified rehabilitation professional" means a |
|
|
person who: |
|
|
(A) holds a certification as an assistive |
|
|
technology professional or a rehabilitation engineering |
|
|
technologist issued by, and is in good standing with, the |
|
|
Rehabilitation Engineering and Assistive Technology Society of |
|
|
North America, provided that the requirements for that |
|
|
certification are at least as stringent as the requirements in |
|
|
effect on January 1, 2009; or |
|
|
(B) is otherwise qualified to conduct the |
|
|
professional activities of a person who holds a certification |
|
|
described by Paragraph (A), as determined by rules adopted by the |
|
|
executive commissioner of the Health and Human Services Commission. |
|
|
(2) "Wheeled mobility system" means an item of durable |
|
|
medical equipment that is a powered or manual mobility system, |
|
|
including: |
|
|
(A) seated positioning components; |
|
|
(B) powered or manual seating options; |
|
|
(C) electronic drive control; |
|
|
(D) specialty driving controls; |
|
|
(E) multiple adjustment frame; |
|
|
(F) nonstandard performance options; and |
|
|
(G) other complex or specialized components. |
|
|
(b) The department may provide medical assistance |
|
|
reimbursement for a wheeled mobility system only if: |
|
|
(1) the system is provided to a recipient by a medical |
|
|
assistance provider that is, or directly employs, a qualified |
|
|
rehabilitation professional; and |
|
|
(2) at the time the wheeled mobility system is |
|
|
delivered to the recipient, the qualified rehabilitation |
|
|
professional conducts an evaluation of the system in relation to |
|
|
the recipient. |
|
|
(c) The executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules specifying: |
|
|
(1) the scope, including any required components, of |
|
|
the evaluation required by Subsection (b); and |
|
|
(2) documentation of the evaluation that must be |
|
|
submitted as part of a claim for reimbursement for the provision of |
|
|
a wheeled mobility system. |
|
|
SECTION 2. Not later than January 1, 2011, the executive |
|
|
commissioner of the Health and Human Services Commission shall |
|
|
adopt the rules required by Section 32.0424(b), Human Resources |
|
|
Code, as added by this Act. |
|
|
SECTION 3. The changes in law made by Section 32.0424, Human |
|
|
Resources Code, as added by this Act, apply only to a claim for |
|
|
medical assistance reimbursement made for a wheeled mobility system |
|
|
that is provided on or after September 1, 2011. A claim for medical |
|
|
assistance reimbursement made for a system that is provided before |
|
|
that date is governed by the law in effect on the date the system was |
|
|
provided, and that law is continued in effect for that purpose. |
|
|
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, 2009. |