87R5087 KFF-D

By: Lopez H.B. No. 2365

A BILL TO BE ENTITLED

AN ACT

relating to the participation and reimbursement of certain military medical treatment facilities and affiliated health care providers under Medicaid.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0275 to read as follows:

Sec. 32.0275. MILITARY MEDICAL TREATMENT FACILITIES AND AFFILIATED HEALTH CARE PROVIDERS; REIMBURSEMENT. (a) In this section, "military medical treatment facility" means a military medical treatment facility described by 10 U.S.C. Section 1073d(b), (c), or (d).

(b) This section applies only to a military medical treatment facility located in this state that has been verified as a Level 1 trauma center by the American College of Surgeons or an equivalent organization.

(c) A military medical treatment facility or a health care provider providing services at a military medical treatment facility is considered a provider under Medicaid for purposes of providing and receiving reimbursement for:

(1) inpatient emergency services; and

(2) related outpatient services to the extent those services are not available from an enrolled Medicaid provider at the time the services are needed.

(d) If a Medicaid recipient experiences an injury for which the recipient receives inpatient emergency services from a military medical treatment facility that is a hospital, the commission may not impose a 30-day spell of illness limitation or other requirement that limits the period of time the recipient may receive those services.

SECTION 2. 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 3. This Act takes effect September 1, 2021.