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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing requirements of hospitals temporarily |
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providing outpatient dialysis services to a person because of a |
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disaster. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.012, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
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following facilities are not required to be licensed under this |
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chapter: |
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(1) a home and community support services agency |
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licensed under Chapter 142 with a home dialysis designation; |
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(2) a hospital licensed under Chapter 241 that |
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provides dialysis only to: |
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(A) individuals receiving inpatient services |
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from the hospital; or |
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(B) individuals temporarily receiving outpatient |
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services from the hospital due to a disaster declared by the |
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governor or a federal disaster declared by the president of the |
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United States occurring in this state or another state during the |
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term of the disaster declaration; or |
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(3) the office of a physician unless the office is used |
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primarily as an end stage renal disease facility. |
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SECTION 2. The change in law made by this Act applies only |
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to dialysis services provided on or after the effective date of this |
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Act. Dialysis services provided before the effective date of this |
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Act are covered by the law in effect immediately before that date, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |