Bill Text: TX HB3426 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to reimbursement through the Medicaid program of nonemergency services provided through hospital emergency rooms.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2013-03-27 - Left pending in committee [HB3426 Detail]

Download: Texas-2013-HB3426-Introduced.html

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83R6755 JSL-D
By: Lavender H.B. No. 3426

A BILL TO BE ENTITLED
AN ACT
relating to reimbursement through the Medicaid program of
nonemergency services provided through hospital emergency rooms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.0641(a), Human Resources Code, is
amended to read as follows:
(a) To the extent permitted under and in a manner that is
consistent with Title XIX, Social Security Act (42 U.S.C. Section
1396 et seq.) and any other applicable law or regulation or under a
federal waiver or other authorization, the executive commissioner
of the Health and Human Services Commission shall adopt, after
consulting with the Medicaid and CHIP Quality-Based Payment
Advisory Committee established under Section 536.002, Government
Code, cost-sharing provisions that encourage personal
accountability and appropriate utilization of health care
services[, including a cost-sharing provision applicable to a
recipient who chooses to receive a nonemergency medical service
through a hospital emergency room].
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0643 to read as follows:
Sec. 32.0643. REIMBURSEMENT FOR NONEMERGENCY SERVICES IN
EMERGENCY ROOMS PROHIBITED. (a) To the extent permitted under and
in a manner that is consistent with Title XIX, Social Security Act
(42 U.S.C. Section 1396 et seq.), and any other federal law, and
notwithstanding any other law, the executive commissioner of the
Health and Human Services Commission shall adopt rules to ensure
that the department does not provide reimbursement through the
Medicaid program for a nonemergency medical service provided
through a hospital emergency room.
(b) Notwithstanding Subsection (a), the department shall
provide reimbursement through the Medicaid program for an
appropriate emergency medical screening examination to the extent
reimbursement is required under Section 1867, Social Security Act
(42 U.S.C. Section 1395dd).
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, 2013.