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  By: Carona  S.B. No. 1932
         (In the Senate - Filed March 12, 2009; March 24, 2009, read
  first time and referred to Committee on Health and Human Services;
  April 24, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 24, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1932 By:  Deuell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the licensing requirements of hospitals temporarily
  providing outpatient dialysis services to a person because of a
  disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.012, Health and Safety Code, is
  amended to read as follows:
         Sec. 251.012.  EXEMPTIONS FROM LICENSING REQUIREMENT.  The
  following facilities are not required to be licensed under this
  chapter:
               (1)  a home and community support services agency
  licensed under Chapter 142 with a home dialysis designation;
               (2)  a hospital licensed under Chapter 241 that
  provides dialysis only to:
                     (A)  individuals receiving inpatient services
  from the hospital; or
                     (B)  individuals temporarily receiving outpatient
  services from the hospital due to a disaster declared by the
  governor or a federal disaster declared by the president of the
  United States occurring in this state or another state during the
  term of the disaster declaration; or
               (3)  the office of a physician unless the office is used
  primarily as an end stage renal disease facility.
         SECTION 2.  The change in law made by this Act applies only
  to dialysis services provided on or after the effective date of this
  Act. Dialysis services provided before the effective date of this
  Act are covered by the law in effect immediately before that date,
  and the former law is continued in effect for that purpose.
         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.
 
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