Bill Text: TX SB1175 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the establishment of a reuse program for durable medical equipment provided to recipients under the Medicaid program.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1175 Detail]
Download: Texas-2013-SB1175-Enrolled.html
| S.B. No. 1175 | ||
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| relating to the establishment of a reuse program for durable | ||
| medical equipment provided to recipients under the Medicaid | ||
| program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 531, Government Code, is | ||
| amended by adding Section 531.0843 to read as follows: | ||
| Sec. 531.0843. DURABLE MEDICAL EQUIPMENT REUSE PROGRAM. | ||
| (a) In this section: | ||
| (1) "Complex rehabilitation technology equipment" | ||
| means equipment that is classified as durable medical equipment | ||
| under the Medicare program on January 1, 2013, configured | ||
| specifically for an individual to meet the individual's unique | ||
| medical, physical, and functional needs and capabilities for basic | ||
| and instrumental daily living activities, and medically necessary | ||
| to prevent the individual's hospitalization or | ||
| institutionalization. The term includes a complex rehabilitation | ||
| power wheelchair, highly configurable manual wheelchair, adaptive | ||
| seating and positioning system, standing frame, and gait trainer. | ||
| (2) "Durable medical equipment" means equipment, | ||
| including repair and replacement parts for the equipment, but | ||
| excluding complex rehabilitation technology equipment, that: | ||
| (A) can withstand repeated use; | ||
| (B) is primarily and customarily used to serve a | ||
| medical purpose; | ||
| (C) generally is not useful to a person in the | ||
| absence of illness or injury; and | ||
| (D) is appropriate and safe for use in the home. | ||
| (b) If the commission determines that it is cost-effective, | ||
| the executive commissioner by rule shall establish a program to | ||
| facilitate the reuse of durable medical equipment provided to | ||
| recipients under the Medicaid program. | ||
| (c) The program must include provisions for ensuring that: | ||
| (1) reused equipment meets applicable standards of | ||
| functionality and sanitation; and | ||
| (2) a Medicaid recipient's participation in the reuse | ||
| program is voluntary. | ||
| (d) The program does not: | ||
| (1) waive any immunity from liability of the | ||
| commission or an employee of the commission; or | ||
| (2) create a cause of action against the commission or | ||
| an employee of the commission arising from the provision of reused | ||
| durable medical equipment under the program. | ||
| (e) In accordance with Chapter 551 or 2001, as applicable, | ||
| the executive commissioner shall provide notice of each proposed | ||
| rule, adopted rule, and hearing that relates to establishing the | ||
| program under this section. | ||
| SECTION 2. Not later than September 1, 2014, the executive | ||
| commissioner of the Health and Human Services Commission shall | ||
| establish the program required by Section 531.0843, Government | ||
| Code, as added by this Act, and adopt necessary rules to implement | ||
| the program, if the commission determines that establishing the | ||
| program is cost-effective. | ||
| 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 immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1175 passed the Senate on | ||
| April 29, 2013, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1175 passed the House on | ||
| May 22, 2013, by the following vote: Yeas 148, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
