Bill Text: TX SB1175 | 2013-2014 | 83rd Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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By: Deuell S.B. No. 1175

A BILL TO BE ENTITLED
AN ACT
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.