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A BILL TO BE ENTITLED
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AN ACT
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relating to exemptions from licensing requirements to operate an |
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end stage renal disease facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.012, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
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following facilities are not required to be licensed under this |
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chapter: |
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(1) a home and community support services agency that |
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is licensed under Chapter 142 with a home dialysis designation and |
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that: |
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(A) has not more than five patients at any time as |
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a total number of patients to whom the agency provides dialysis |
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services; or |
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(B) is certified by the Centers for Medicare and |
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Medicaid Services as an end stage renal disease facility under |
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Medicare; |
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(2) a hospital licensed under Chapter 241 that |
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provides dialysis only to individuals receiving: |
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(A) inpatient services from the hospital; or |
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(B) outpatient services due to a disaster |
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declared by the governor or a federal disaster declared by the |
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president of the United States occurring in this state or another |
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state during the term of the disaster declaration; |
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(3) a hospital operated by or on behalf of the state as |
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part of the managed health care provider network established under |
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Chapter 501, Government Code, that provides dialysis only to |
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individuals receiving: |
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(A) inpatient services from the hospital; or |
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(B) outpatient services while serving a term of |
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confinement in a facility operated by or under contract with the |
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Texas Department of Criminal Justice; |
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(4) an end stage renal disease facility operated by or |
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on behalf of the state as part of the managed health care provider |
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network established under Chapter 501, Government Code, that |
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provides dialysis only to individuals receiving those services |
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while serving a term of confinement in a facility operated by or |
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under contract with the Texas Department of Criminal Justice; or |
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(5) the office of a physician, other than an [unless |
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the] office [is] used primarily as an end stage renal disease |
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facility, that: |
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(A) has not more than five patients at any time as |
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a total number of patients to whom the office provides dialysis |
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services; or |
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(B) is certified by the Centers for Medicare and |
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Medicaid Services as an end stage renal disease facility under |
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Medicare. |
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SECTION 2. This Act takes effect September 1, 2021. |