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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a family health aide program; |
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requiring an occupational license. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter T to read as follows: |
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SUBCHAPTER T. FAMILY HEALTH AIDE PROGRAM |
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Sec. 531.801. DEFINITIONS. (a) In this subchapter: |
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(1) "Home and community support services agency" means |
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a person licensed under Chapter 142, Health and Safety Code. |
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(2) "Licensed health aide" means a person who is: |
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(A) the parent, legal guardian, or family member |
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of a recipient participating in the program; |
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(B) licensed under the program to assist in |
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providing private duty nursing services; and |
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(C) employed by the home and community support |
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services agency providing services to the recipient. |
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(3) "Private duty nursing services" means nursing |
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services provided under the Texas Health Steps comprehensive care |
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program to a recipient enrolled in the STAR Kids Medicaid managed |
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care program. |
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(4) "Program" means the family health aide program |
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established under this subchapter. |
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Sec. 531.802. FAMILY HEALTH AIDE PROGRAM. The commission, |
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in consultation with the Texas Board of Nursing and the STAR Kids |
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Managed Care Advisory Committee, shall develop and implement a |
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family health aide program to enable a parent, legal guardian, or |
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family member of a recipient receiving private duty nursing |
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services in a home setting to assist in providing those services as |
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a licensed health aide. |
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Sec. 531.803. PROGRAM ELIGIBILITY. An individual is |
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eligible to participate in the program if: |
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(1) the recipient is: |
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(A) enrolled in the STAR Kids Medicaid managed |
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care program; and |
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(B) eligible to receive private duty nursing |
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services under the Texas Health Steps comprehensive care program; |
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(2) the recipient's parent, legal guardian, or family |
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member, as defined by commission rule, elects to participate in the |
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program; and |
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(3) the home and community support services agency |
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that employs the professional registered nurse providing private |
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duty nursing services to the recipient agrees to employ the |
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recipient's parent, legal guardian, or family member. |
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Sec. 531.804. RECIPIENT SCREENING AND NOTIFICATION. The |
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commission shall: |
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(1) add criteria to any screening tool or other |
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instrument used to conduct an assessment or reassessment of a |
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recipient under the STAR Kids Medicaid managed care program to |
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identify recipients who are eligible to participate in the program; |
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and |
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(2) notify the parent or legally authorized |
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representative of the recipient of the potential availability of |
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the program. |
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Sec. 531.805. HEALTH AIDE LICENSE REQUIRED. (a) To assist |
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in providing private duty nursing services to a recipient under the |
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program, a parent, legal guardian, or other family member of the |
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recipient must hold a license under this subchapter. An applicant |
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for a license under this subchapter must: |
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(1) submit an application to the commission in the |
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form and manner the commission prescribes; and |
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(2) satisfy all training, testing, and other minimum |
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qualification standards the commission establishes. |
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(b) Notwithstanding any other law, the executive |
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commissioner shall, in consultation with the Texas Board of |
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Nursing, adopt rules and procedures for issuing a license and for |
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renewing, suspending, or revoking a license issued under this |
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subchapter. The rules must: |
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(1) provide that the commission establish minimum |
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qualification standards and, subject to Section 531.806, training |
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requirements for obtaining and maintaining the license; |
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(2) provide that the commission issue the license |
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under this subchapter; and |
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(3) prescribe procedures for accepting complaints and |
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conducting investigations of alleged violations of the terms of the |
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licensure by license holders. |
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Sec. 531.806. TRAINING PROGRAM. (a) The commission shall |
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develop or approve a health aide training program. The program must |
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include instruction on: |
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(1) transferring; |
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(2) positioning; |
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(3) ambulation; |
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(4) feeding; |
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(5) personal care; |
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(6) catheter care; |
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(7) range of motion; |
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(8) vital signs; |
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(9) blood pressure; |
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(10) medication administration; |
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(11) tracheostomy care; |
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(12) enteral care and therapy; |
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(13) administering enteral feedings; |
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(14) formula types and preparation; and |
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(15) other tasks the commission approves. |
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(b) The commission may not impose a fee on an applicant for |
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the training required by this subchapter. |
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Sec. 531.807. LICENSE RESTRICTED; LIMITED SCOPE OF |
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PRACTICE. (a) A license holder under this subchapter: |
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(1) may only provide health aide services to a |
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recipient who is: |
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(A) related to the license holder; and |
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(B) enrolled in the program; and |
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(2) must be employed by the home and community support |
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services agency that employs the nurse providing private duty |
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nursing services to the recipient. |
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(b) A licensed health aide may only provide health services |
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to a recipient if the services are: |
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(1) delegated to the health aide by the professional |
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registered nurse providing private duty nursing services to the |
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recipient; |
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(2) performed under the supervision of that nurse; |
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(3) consistent with Texas Board of Nursing rules |
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governing the delegation of nursing tasks by a registered |
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professional nurse and federal law and regulations governing the |
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provision of private duty nursing services under Medicaid, |
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including 42 C.F.R. Section 440.80; |
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(4) consistent with the recipient's plan of care; and |
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(5) authorized by commission rules. |
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Sec. 531.808. LICENSED HEALTH AIDE REGISTRY. The |
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commission shall establish and maintain a registry of health aides |
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licensed under this subchapter. |
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Sec. 531.809. HOME AND COMMUNITY SUPPORT SERVICES AGENCIES |
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OUTREACH. The commission shall: |
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(1) provide information about the program to home and |
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community support services agencies that provide private duty |
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nursing services under the STAR Kids Medicaid managed care program; |
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and |
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(2) encourage agencies to employ health aides licensed |
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under this subchapter. |
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Sec. 531.810. REIMBURSEMENT FOR LICENSED HEALTH AIDE |
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SERVICES. The commission shall reimburse a home and community |
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support services agency for services provided to a recipient by a |
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licensed health aide under this subchapter at a rate that is at |
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least equal to the current Medicare low utilization payment |
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adjustment visit rates for this state. Reimbursement for the |
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services is subject to an enhanced reimbursement rate of a |
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certified nursing assistant. The commission shall administer |
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reimbursement based on billing units. |
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Sec. 531.811. RULES. The executive commissioner shall |
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adopt rules necessary to implement this subchapter. |
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SECTION 2. The commission shall implement the family health |
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aide program established under Subchapter T, Chapter 531, |
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Government Code, as added by this Act, not later than September 1, |
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2024. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2023. |