By: Carona  S.B. No. 1401
         (In the Senate - Filed March 7, 2013; March 18, 2013, read
  first time and referred to Committee on Health and Human Services;
  April 25, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 25, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1401 By:  Schwertner
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the eligibility of certain providers of laboratory
  services to participate in programs administered by health and
  human services agencies or the Health and Human Services
  Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.066 to read as follows:
         Sec. 531.066.  PARTICIPATION OF DIAGNOSTIC LABORATORY
  SERVICE PROVIDERS IN CERTAIN PROGRAMS. Notwithstanding any other
  law, a diagnostic laboratory may participate as an in-state
  provider under any program administered by a health and human
  services agency or the commission that involves diagnostic
  laboratory services, regardless of the location where any specific
  service is performed or where the laboratory's facilities are
  located if:
               (1)  the laboratory or an entity that is a parent,
  subsidiary, or other affiliate of the laboratory maintains
  diagnostic laboratory operations in this state;
               (2)  the laboratory and each entity that is a parent,
  subsidiary, or other affiliate of the laboratory, individually or
  collectively, employ at least 1,000 persons at places of employment
  located in this state; and
               (3)  the laboratory is otherwise qualified to provide
  the services under the program and is not prohibited from
  participating as a provider under any benefits programs
  administered by a health and human services agency or the
  commission based on conduct that constitutes fraud, waste, or
  abuse.
         SECTION 2.  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, 2013.
 
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