| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to Medicaid coverage and reimbursement for non-opioid |
|
|
treatments. |
|
|
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 32.03117 to read as follows: |
|
|
Sec. 32.03117. REIMBURSEMENT FOR NON-OPIOID TREATMENTS. |
|
|
(a) In this section: |
|
|
(1) "Non-opioid treatment" means: |
|
|
(A) a drug or biological product that is |
|
|
indicated to produce analgesia without acting on the body's opioid |
|
|
receptors; or |
|
|
(B) an implantable, reusable, or disposable |
|
|
medical device: |
|
|
(i) approved for use by the United States |
|
|
Food and Drug Administration for the intended use of eliminating or |
|
|
reducing pain; and |
|
|
(ii) that has demonstrated the ability to |
|
|
replace, reduce, or avoid opioid use. |
|
|
(2) "OPD services" has the meaning assigned by 42 |
|
|
U.S.C. Section 1395l(t)(1)(B). |
|
|
(b) The commission shall ensure that medical assistance |
|
|
reimbursement is provided to a provider who provides a non-opioid |
|
|
treatment to a recipient under the medical assistance program. |
|
|
(c) The executive commissioner by rule shall ensure that, to |
|
|
the extent permitted by federal law, a provider who provides OPD |
|
|
services to a medical assistance recipient is reimbursed separately |
|
|
under the medical assistance program for any non-opioid treatment |
|
|
provided as a part of 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, 2023. |