84R7156 JSL-D
 
  By: Raymond H.B. No. 2638
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to reimbursement for complex rehabilitation technology
  equipment providers under the medical assistance program.
         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 32.03142 to read as follows:
         Sec. 32.03142.  COMPLEX REHABILITATION TECHNOLOGY EQUIPMENT
  PROVIDERS. (a)  In this section, "complex rehabilitation
  technology equipment" means an item of equipment that is classified
  on January 1, 2013, under the federal Medicare program as durable
  medical equipment and that is specially configured to meet an
  individual's specific and unique medical, physical, and functional
  needs and to assist the individual in performing basic and
  instrumental activities of daily living identified as medically
  necessary. The term includes:
               (1)  a complex rehabilitation manual or power
  wheelchair;
               (2)  an adaptive seating or positioning item;
               (3)  a standing frame; and
               (4)  a gait trainer.
         (b)  The department shall establish a separate provider type
  for complex rehabilitation technology equipment providers for
  purposes of enrollment as a provider and reimbursement under the
  medical assistance program. The department may not classify complex
  rehabilitation technology equipment providers under the durable
  medical equipment provider type.
         (c)  The executive commissioner of the Health and Human
  Services Commission by rule shall adopt separate reimbursement
  rates for the provider type established under this section. The
  reimbursement rates must be adequate to compensate providers for
  all services provided, including product configuration and
  training services.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Health and Human Services Commission shall
  establish and implement a separate provider type for complex
  rehabilitation technology equipment providers, and the executive
  commissioner of the commission shall adopt rules providing for
  separate reimbursement rates for those providers, as required by
  Section 32.03142, Human Resources Code, as added by this Act.
         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, 2015.