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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of providers of certain Medicaid |
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services to persons with an intellectual or developmental |
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disability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 142.003(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The following persons need not be licensed under this |
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chapter: |
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(1) a physician, dentist, registered nurse, |
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occupational therapist, or physical therapist licensed under the |
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laws of this state who provides home health services to a client |
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only as a part of and incidental to that person's private office |
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practice; |
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(2) a registered nurse, licensed vocational nurse, |
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physical therapist, occupational therapist, speech therapist, |
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medical social worker, or any other health care professional as |
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determined by the department who provides home health services as a |
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sole practitioner; |
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(3) a registry that operates solely as a clearinghouse |
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to put consumers in contact with persons who provide home health, |
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hospice, habilitation, or personal assistance services and that |
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does not maintain official client records, direct client services, |
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or compensate the person who is providing the service; |
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(4) an individual whose permanent residence is in the |
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client's residence; |
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(5) an employee of a person licensed under this |
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chapter who provides home health, hospice, habilitation, or |
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personal assistance services only as an employee of the license |
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holder and who receives no benefit for providing the services, |
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other than wages from the license holder; |
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(6) a home, nursing home, convalescent home, assisted |
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living facility, special care facility, or other institution for |
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individuals who are elderly or who have disabilities that provides |
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home health or personal assistance services only to residents of |
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the home or institution; |
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(7) a person who provides one health service through a |
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contract with a person licensed under this chapter; |
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(8) a durable medical equipment supply company; |
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(9) a pharmacy or wholesale medical supply company |
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that does not furnish services, other than supplies, to a person at |
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the person's house; |
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(10) a hospital or other licensed health care facility |
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that provides home health or personal assistance services only to |
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inpatient residents of the hospital or facility; |
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(11) a person providing home health or personal |
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assistance services to an injured employee under Title 5, Labor |
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Code; |
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(12) a visiting nurse service that: |
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(A) is conducted by and for the adherents of a |
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well-recognized church or religious denomination; and |
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(B) provides nursing services by a person exempt |
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from licensing by Section 301.004, Occupations Code, because the |
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person furnishes nursing care in which treatment is only by prayer |
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or spiritual means; |
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(13) an individual hired and paid directly by the |
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client or the client's family or legal guardian to provide home |
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health or personal assistance services; |
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(14) a business, school, camp, or other organization |
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that provides home health or personal assistance services, |
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incidental to the organization's primary purpose, to individuals |
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employed by or participating in programs offered by the business, |
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school, or camp that enable the individual to participate fully in |
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the business's, school's, or camp's programs; |
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(15) a person or organization providing |
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sitter-companion services or chore or household services that do |
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not involve personal care, health, or health-related services; |
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(16) a licensed health care facility that provides |
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hospice services under a contract with a hospice; |
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(17) a person delivering residential acquired immune |
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deficiency syndrome hospice care who is licensed and designated as |
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a residential AIDS hospice under Chapter 248; |
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(18) the Texas Department of Criminal Justice; |
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(19) a person that provides home health, hospice, |
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habilitation, or personal assistance services only to persons |
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receiving benefits under: |
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(A) the home and community-based services (HCS) |
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waiver program; |
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(B) the Texas home living (TxHmL) waiver program; |
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(C) the STAR + PLUS or other Medicaid managed |
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care program under the program's HCS or TxHmL certification; or |
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(D) Section 534.152, Government Code; [or] |
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(20) a person who provides intellectual and |
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developmental disabilities habilitative specialized services under |
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Medicaid and is: |
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(A) a certified HCS or TxHmL provider; or |
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(B) a local intellectual and developmental |
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disability authority contracted under Section 534.105; or |
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(21) an individual who provides home health or |
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personal assistance services as the employee of a consumer or an |
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entity or employee of an entity acting as a consumer's fiscal agent |
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under Section 531.051, Government Code. |
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SECTION 2. Section 250.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "Facility" means: |
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(A) a nursing facility, custodial care home, or |
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other institution licensed by the Department of Aging and |
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Disability Services under Chapter 242; |
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(B) an assisted living facility licensed by the |
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Department of Aging and Disability Services under Chapter 247; |
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(C) a home and community support services agency |
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licensed under Chapter 142; |
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(D) a day activity and health services facility |
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licensed by the Department of Aging and Disability Services under |
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Chapter 103, Human Resources Code; |
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(E) an ICF-IID licensed under Chapter 252; |
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(F) an adult foster care provider that contracts |
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with the Department of Aging and Disability Services; |
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(G) a facility that provides mental health |
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services and that is operated by or contracts with the Department of |
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State Health Services; |
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(H) a local mental health authority designated |
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under Section 533.035 or a local intellectual and developmental |
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disability authority designated under Section 533.035; |
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(I) a person exempt from licensing under Section |
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142.003(a)(19) or (20); |
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(J) a special care facility licensed by the |
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Department of State Health Services under Chapter 248; |
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(K) a mental health service unit of a hospital |
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licensed under Chapter 241; or |
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(L) a prescribed pediatric extended care center |
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licensed by the Department of Aging and Disability Services under |
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Chapter 248A. |
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SECTION 3. Section 260.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 260.002. EXEMPTIONS. This chapter does not apply to: |
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(1) a person that is required to be licensed under |
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Chapter 142, 242, 246, 247, or 252; |
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(2) a person that is exempt from licensing under |
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Section 142.003(a)(19) or (20), 242.003(3), or 247.004(4); |
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(3) a hotel as defined by Section 156.001, Tax Code; |
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(4) a retirement community; |
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(5) a monastery or convent; |
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(6) a child-care facility as defined by Section |
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42.002, Human Resources Code; |
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(7) a family violence shelter center as defined by |
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Section 51.002, Human Resources Code; or |
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(8) a sorority or fraternity house or other dormitory |
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associated with an institution of higher education. |
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SECTION 4. Section 48.401(1), Human Resources Code, is |
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amended to read as follows: |
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(1) "Agency" means: |
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(A) an entity licensed under Chapter 142, Health |
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and Safety Code; |
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(B) a person exempt from licensing under Section |
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142.003(a)(19) or (20), Health and Safety Code; |
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(C) a facility licensed under Chapter 252, Health |
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and Safety Code; or |
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(D) a provider investigated by the department |
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under Subchapter F or under Section 261.404, Family Code. |
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SECTION 5. This Act takes effect September 1, 2021. |