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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to establishing a separate provider type for prosthetic  | 
      
      
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        and orthotic providers under the medical assistance program. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Section 32.024, Human Resources Code, is amended  | 
      
      
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        by adding Subsection (ff) to read as follows: | 
      
      
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               (ff)  The department shall establish a separate provider  | 
      
      
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        type for prosthetic and orthotic providers for purposes of  | 
      
      
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        enrollment as a provider of and reimbursement under the medical  | 
      
      
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        assistance program.  The department may not classify prosthetic and  | 
      
      
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        orthotic providers under the durable medical equipment provider  | 
      
      
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        type. | 
      
      
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               SECTION 2.  As soon as practicable after the effective date  | 
      
      
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        of this Act, the Health and Human Services Commission shall  | 
      
      
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        establish and implement a separate provider type for prosthetic and  | 
      
      
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        orthotic providers as required by Subsection (ff), Section 32.024,  | 
      
      
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        Human Resources Code, as added by this Act. | 
      
      
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               SECTION 3.  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 4.  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, 2011. | 
      
      
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        * * * * * |