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