By: Seliger, et al. S.B. No. 654
 
  (Smithee, Howard)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the participation of an advanced practice registered
  nurse as a primary care or network provider for certain
  governmental and other health benefit plans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 533.005, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  For purposes of Subsection (a)(13), an advanced
  practice registered nurse may be included as a primary care
  provider in a managed care organization's provider network
  regardless of whether the physician supervising the advanced
  practice registered nurse is in the provider network. This
  subsection may not be construed as authorizing a managed care
  organization to supervise or control the practice of medicine as
  prohibited by Subtitle B, Title 3, Occupations Code.
         SECTION 2.  Section 62.1551, Health and Safety Code, is
  amended to read as follows:
         Sec. 62.1551.  INCLUSION OF CERTAIN HEALTH CARE PROVIDERS IN
  PROVIDER NETWORKS. (a)  Notwithstanding any other law, including
  Sections 843.312 and 1301.052, Insurance Code, the executive
  commissioner shall adopt rules to require a managed care
  organization or other entity to ensure that advanced practice
  registered nurses and physician assistants are available as primary
  care providers in the organization's or entity's provider network.  
  The rules must require advanced practice registered nurses and
  physician assistants to be treated in the same manner as primary
  care physicians with regard to:
               (1)  selection and assignment as primary care
  providers;
               (2)  inclusion as primary care providers in the
  provider network; and
               (3)  inclusion as primary care providers in any
  provider network directory maintained by the organization or
  entity.
         (b)  For purposes of Subsection (a), an advanced practice
  registered nurse may be included as a primary care provider in a
  managed care organization's or entity's provider network regardless
  of whether the physician supervising the advanced practice
  registered nurse is in the provider network.
         (c)  This section may not be construed as authorizing a
  managed care organization or other entity to supervise or control
  the practice of medicine as prohibited by Subtitle B, Title 3,
  Occupations Code.
         SECTION 3.  Section 32.024(gg), Human Resources Code, is
  amended to read as follows:
         (gg)  Notwithstanding any other law, including Sections
  843.312 and 1301.052, Insurance Code, the commission shall ensure
  that advanced practice registered nurses and physician assistants
  may be selected by and assigned to recipients of medical assistance
  as the primary care providers of those recipients regardless of
  whether the physician supervising the advanced practice registered
  nurse is included in any directory of providers of medical
  assistance maintained by the commission. This subsection may not
  be construed as authorizing the commission to supervise or control
  the practice of medicine as prohibited by Subtitle B, Title 3,
  Occupations Code.  The commission must require that advanced
  practice registered nurses and physician assistants be treated in
  the same manner as primary care physicians with regard to:
               (1)  selection and assignment as primary care
  providers; and
               (2)  inclusion as primary care providers in any
  directory of providers of medical assistance maintained by the
  commission.
         SECTION 4.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 5.  This Act takes effect September 1, 2017.