88R4150 KKR-D
 
  By: Perry S.B. No. 1715
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a family health aide program;
  requiring an occupational license.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 531, Government Code, is amended by
  adding Subchapter T to read as follows:
  SUBCHAPTER T.  FAMILY HEALTH AIDE PROGRAM
         Sec. 531.801.  DEFINITIONS. (a)  In this subchapter:
               (1)  "Home and community support services agency" means
  a person licensed under Chapter 142, Health and Safety Code.
               (2)  "Licensed health aide" means a person who is:
                     (A)  the parent, legal guardian, or family member
  of a recipient participating in the program;
                     (B)  licensed under the program to assist in
  providing private duty nursing services; and
                     (C)  employed by the home and community support
  services agency providing services to the recipient.
               (3)  "Private duty nursing services" means nursing
  services provided under the Texas Health Steps comprehensive care
  program to a recipient enrolled in the STAR Kids Medicaid managed
  care program.
               (4)  "Program" means the family health aide program
  established under this subchapter.
         Sec. 531.802.  FAMILY HEALTH AIDE PROGRAM. The commission,
  in consultation with the Texas Board of Nursing and the STAR Kids
  Managed Care Advisory Committee, shall develop and implement a
  family health aide program to enable a parent, legal guardian, or
  family member of a recipient receiving private duty nursing
  services in a home setting to assist in providing those services as
  a licensed health aide.
         Sec. 531.803.  PROGRAM ELIGIBILITY. An individual is
  eligible to participate in the program if:
               (1)  the recipient is:
                     (A)  enrolled in the STAR Kids Medicaid managed
  care program; and
                     (B)  eligible to receive private duty nursing
  services under the Texas Health Steps comprehensive care program;
               (2)  the recipient's parent, legal guardian, or family
  member, as defined by commission rule, elects to participate in the
  program; and
               (3)  the home and community support services agency
  that employs the professional registered nurse providing private
  duty nursing services to the recipient agrees to employ the
  recipient's parent, legal guardian, or family member.
         Sec. 531.804.  RECIPIENT SCREENING AND NOTIFICATION. The
  commission shall:
               (1)  add criteria to any screening tool or other
  instrument used to conduct an assessment or reassessment of a
  recipient under the STAR Kids Medicaid managed care program to
  identify recipients who are eligible to participate in the program;
  and
               (2)  notify the parent or legally authorized
  representative of the recipient of the potential availability of
  the program.
         Sec. 531.805.  HEALTH AIDE LICENSE REQUIRED. (a)  To assist
  in providing private duty nursing services to a recipient under the
  program, a parent, legal guardian, or other family member of the
  recipient must hold a license under this subchapter.  An applicant
  for a license under this subchapter must:
               (1)  submit an application to the commission in the
  form and manner the commission prescribes; and
               (2)  satisfy all training, testing, and other minimum
  qualification standards the commission establishes.
         (b)  Notwithstanding any other law, the executive
  commissioner shall, in consultation with the Texas Board of
  Nursing, adopt rules and procedures for issuing a license and for
  renewing, suspending, or revoking a license issued under this
  subchapter. The rules must:
               (1)  provide that the commission establish minimum
  qualification standards and, subject to Section 531.806, training
  requirements for obtaining and maintaining the license;
               (2)  provide that the commission issue the license
  under this subchapter; and
               (3)  prescribe procedures for accepting complaints and
  conducting investigations of alleged violations of the terms of the
  licensure by license holders.
         Sec. 531.806.  TRAINING PROGRAM. (a)  The commission shall
  develop or approve a health aide training program.  The program must
  include instruction on:
               (1)  transferring;
               (2)  positioning;
               (3)  ambulation;
               (4)  feeding;
               (5)  personal care;
               (6)  catheter care;
               (7)  range of motion;
               (8)  vital signs;
               (9)  blood pressure;
               (10)  medication administration;
               (11)  tracheostomy care;
               (12)  enteral care and therapy;
               (13)  administering enteral feedings;
               (14)  formula types and preparation; and
               (15)  other tasks the commission approves.
         (b)  The commission may not impose a fee on an applicant for
  the training required by this subchapter.
         Sec. 531.807.  LICENSE RESTRICTED; LIMITED SCOPE OF
  PRACTICE.  (a)  A license holder under this subchapter:
               (1)  may only provide health aide services to a
  recipient who is:
                     (A)  related to the license holder; and
                     (B)  enrolled in the program; and
               (2)  must be employed by the home and community support
  services agency that employs the nurse providing private duty
  nursing services to the recipient.
         (b)  A licensed health aide may only provide health services
  to a recipient if the services are:
               (1)  delegated to the health aide by the professional
  registered nurse providing private duty nursing services to the
  recipient;
               (2)  performed under the supervision of that nurse;
               (3)  consistent with Texas Board of Nursing rules
  governing the delegation of nursing tasks by a registered
  professional nurse and federal law and regulations governing the
  provision of private duty nursing services under Medicaid,
  including 42 C.F.R. Section 440.80;
               (4)  consistent with the recipient's plan of care; and
               (5)  authorized by commission rules.
         Sec. 531.808.  LICENSED HEALTH AIDE REGISTRY. The
  commission shall establish and maintain a registry of health aides
  licensed under this subchapter.
         Sec. 531.809.  HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
  OUTREACH. The commission shall:
               (1)  provide information about the program to home and
  community support services agencies that provide private duty
  nursing services under the STAR Kids Medicaid managed care program;
  and
               (2)  encourage agencies to employ health aides licensed
  under this subchapter.
         Sec. 531.810.  REIMBURSEMENT FOR LICENSED HEALTH AIDE
  SERVICES. The commission shall reimburse a home and community
  support services agency for services provided to a recipient by a
  licensed health aide under this subchapter at a rate that is at
  least equal to the current Medicare low utilization payment
  adjustment visit rates for this state.  Reimbursement for the
  services is subject to an enhanced reimbursement rate of a
  certified nursing assistant.  The commission shall administer
  reimbursement based on billing units.
         Sec. 531.811.  RULES. The executive commissioner shall
  adopt rules necessary to implement this subchapter.
         SECTION 2.  The commission shall implement the family health
  aide program established under Subchapter T, Chapter 531,
  Government Code, as added by this Act, not later than September 1,
  2024.
         SECTION 3.  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 4.  This Act takes effect September 1, 2023.