87R25987 JG-F
 
  By: Miles S.B. No. 1692
 
  (Longoria)
 
  Substitute the following for S.B. No. 1692:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to licensing requirements to operate an end stage renal
  disease facility and the provision of home dialysis care by a
  dialysis technician.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.012, Health and Safety Code, is
  amended to read as follows:
         Sec. 251.012.  EXEMPTIONS FROM LICENSING REQUIREMENT. The
  following facilities are not required to be licensed under this
  chapter:
               (1)  a home and community support services agency that
  is licensed under Chapter 142 with a home dialysis designation and
  that:
                     (A)  has not more than five patients at any time as
  a total number of patients to whom the agency provides dialysis
  services; or
                     (B)  is certified by the Centers for Medicare and
  Medicaid Services as an end stage renal disease facility under
  Medicare;
               (2)  a hospital licensed under Chapter 241 that
  provides dialysis only to individuals receiving:
                     (A)  inpatient services from the hospital; or
                     (B)  outpatient services due to a disaster
  declared by the governor or a federal disaster declared by the
  president of the United States occurring in this state or another
  state during the term of the disaster declaration;
               (3)  a hospital operated by or on behalf of the state as
  part of the managed health care provider network established under
  Chapter 501, Government Code, that provides dialysis only to
  individuals receiving:
                     (A)  inpatient services from the hospital; or
                     (B)  outpatient services while serving a term of
  confinement in a facility operated by or under contract with the
  Texas Department of Criminal Justice;
               (4)  an end stage renal disease facility operated by or
  on behalf of the state as part of the managed health care provider
  network established under Chapter 501, Government Code, that
  provides dialysis only to individuals receiving those services
  while serving a term of confinement in a facility operated by or
  under contract with the Texas Department of Criminal Justice; or
               (5)  the office of a physician, other than an [unless
  the] office [is] used primarily as an end stage renal disease
  facility, that:
                     (A)  has not more than five patients at any time as
  a total number of patients to whom the office provides dialysis
  services; or
                     (B)  is certified by the Centers for Medicare and
  Medicaid Services as an end stage renal disease facility under
  Medicare.
         SECTION 2.  Subchapter C, Chapter 251, Health and Safety
  Code, is amended by adding Section 251.033 to read as follows:
         Sec. 251.033.  PROVISION OF HOME DIALYSIS CARE IN NURSING
  FACILITIES. (a) A dialysis technician may provide home dialysis
  care in a nursing facility, including hemodialysis, only if:
               (1)  the care is provided under the personal
  supervision of a registered nurse who is:
                     (A)  in compliance with all commission rules
  regarding training and competency for registered nurses to provide
  care at end stage renal disease facilities; and
                     (B)  employed by the same entity that employs the
  dialysis technician; and
               (2)  the dialysis technician has complied with all
  commission rules regarding training and competency for dialysis
  technicians.
         (b)  For purposes of this section, "personal supervision"
  means supervision of a dialysis technician by a registered nurse
  who is physically present in the room during the administration of
  dialysis services by the dialysis technician.
         SECTION 3.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Section 251.033, Health and Safety Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2021.