| |
| |
| |
|
|
AN ACT
|
|
|
relating to access to certain medication-assisted treatment. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 481.0765(a) and (b), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) A prescriber is not subject to the requirements of |
|
|
Section 481.0764(a) if: |
|
|
(1) the patient has been diagnosed with cancer or |
|
|
sickle cell disease or the patient is receiving hospice care; and |
|
|
(2) the prescriber clearly notes in the prescription |
|
|
record that the patient was diagnosed with cancer or sickle cell |
|
|
disease or is receiving hospice care, as applicable. |
|
|
(b) A dispenser is not subject to the requirements of |
|
|
Section 481.0764(a) if it is clearly noted in the prescription |
|
|
record that the patient has been diagnosed with cancer or sickle |
|
|
cell disease or is receiving hospice care. |
|
|
SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
|
|
is amended by adding Section 32.03115 to read as follows: |
|
|
Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED |
|
|
TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this |
|
|
section, "medication-assisted opioid or substance use disorder |
|
|
treatment" means the use of methadone, buprenorphine, oral |
|
|
buprenorphine/naloxone, or naltrexone to treat opioid or substance |
|
|
use disorder. |
|
|
(b) Notwithstanding Sections 531.072 and 531.073, |
|
|
Government Code, or any other law and subject to Subsections (c) and |
|
|
(d), the commission shall provide medical assistance reimbursement |
|
|
for medication-assisted opioid or substance use disorder treatment |
|
|
without requiring a recipient of medical assistance or health care |
|
|
provider to obtain prior authorization or precertification for the |
|
|
treatment. |
|
|
(c) The duty to provide medical assistance reimbursement |
|
|
for medication-assisted opioid or substance use disorder treatment |
|
|
under Subsection (b) does not apply with respect to: |
|
|
(1) a prescription for methadone; |
|
|
(2) a recipient for whom medication-assisted opioid or |
|
|
substance use disorder treatment is determined to be medically |
|
|
contraindicated by the recipient's physician; or |
|
|
(3) a recipient who is subject to an age-related |
|
|
restriction applicable to medication-assisted opioid or substance |
|
|
use disorder treatment. |
|
|
(d) The commission may provide medical assistance |
|
|
reimbursement for medication-assisted opioid or substance use |
|
|
disorder treatment only if the treatment is prescribed to a |
|
|
recipient of medical assistance by a licensed health care provider |
|
|
who is authorized to prescribe methadone, buprenorphine, oral |
|
|
buprenorphine/naloxone, or naltrexone. |
|
|
(e) This section expires August 31, 2023. |
|
|
SECTION 3. (a) In this section, "qualifying practitioner" |
|
|
has the meaning assigned by 21 U.S.C. Section 823(g)(2)(G)(iii). |
|
|
(b) Not later than November 1, 2019, the Health and Human |
|
|
Services Commission shall amend the commission's Medicaid |
|
|
Substance Use Disorder Services Medical Policy and any other |
|
|
provider or claims payment policy or manual necessary to authorize |
|
|
Medicaid medical benefits reimbursement for the prescribing of |
|
|
buprenorphine for the treatment of an opioid use disorder by an |
|
|
advanced practice registered nurse recognized by the Texas Board of |
|
|
Nursing as a clinical nurse specialist, nurse anesthetist, or nurse |
|
|
midwife, provided that the advanced practice registered nurse: |
|
|
(1) is a qualifying practitioner; and |
|
|
(2) has obtained a waiver from registration |
|
|
requirements as provided by 21 U.S.C. Section 823(g). |
|
|
SECTION 4. Section 481.0765, Health and Safety Code, as |
|
|
amended by this Act, applies only to a prescription issued on or |
|
|
after the effective date of this Act. A prescription issued before |
|
|
the effective date of this Act is governed by the law in effect on |
|
|
the date the prescription is issued, and the former law is continued |
|
|
in effect for that purpose. |
|
|
SECTION 5. 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 6. 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, 2019. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1564 passed the Senate on |
|
|
April 3, 2019, by the following vote: Yeas 31, Nays 0; and that |
|
|
the Senate concurred in House amendments on May 25, 2019, by the |
|
|
following vote: Yeas 30, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1564 passed the House, with |
|
|
amendments, on May 22, 2019, by the following vote: Yeas 144, |
|
|
Nays 0, two present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |