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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a reuse program for durable |
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medical equipment provided to recipients under the Medicaid |
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program. |
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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 531.0843 to read as follows: |
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Sec. 531.0843. DURABLE MEDICAL EQUIPMENT REUSE PROGRAM. |
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(a) In this section: |
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(1) "Complex rehabilitation technology equipment" |
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means equipment that is classified as durable medical equipment |
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under the Medicare program on January 1, 2013, configured |
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specifically for an individual to meet the individual's unique |
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medical, physical, and functional needs and capabilities for basic |
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and instrumental daily living activities, and medically necessary |
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to prevent the individual's hospitalization or |
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institutionalization. The term includes a complex rehabilitation |
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power wheelchair, highly configurable manual wheelchair, adaptive |
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seating and positioning system, standing frame, and gait trainer. |
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(2) "Durable medical equipment" means equipment, |
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including repair and replacement parts for the equipment, but |
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excluding complex rehabilitation technology equipment, that: |
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(A) can withstand repeated use; |
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(B) is primarily and customarily used to serve a |
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medical purpose; |
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(C) generally is not useful to a person in the |
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absence of illness or injury; and |
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(D) is appropriate and safe for use in the home. |
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(b) If the commission determines that it is cost-effective, |
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the executive commissioner by rule shall establish a program to |
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facilitate the reuse of durable medical equipment provided to |
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recipients under the Medicaid program. |
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(c) The program must include provisions for ensuring that: |
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(1) reused equipment meets applicable standards of |
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functionality and sanitation; and |
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(2) a Medicaid recipient's participation in the reuse |
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program is voluntary. |
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(d) The program does not: |
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(1) waive any immunity from liability of the |
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commission or an employee of the commission; or |
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(2) create a cause of action against the commission or |
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an employee of the commission arising from the provision of reused |
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durable medical equipment under the program. |
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(e) In accordance with Chapter 551 or 2001, as applicable, |
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the executive commissioner shall provide notice of each proposed |
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rule, adopted rule, and hearing that relates to establishing the |
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program under this section. |
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SECTION 2. Not later than September 1, 2014, the executive |
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commissioner of the Health and Human Services Commission shall |
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establish the program required by Section 531.0843, Government |
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Code, as added by this Act, and adopt necessary rules to implement |
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the program, if the commission determines that establishing the |
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program is cost-effective. |
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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, 2013. |