Bill Text: TX SB1808 | 2021-2022 | 87th Legislature | Introduced

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

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Bill Title: Relating to the regulation of providers of certain Medicaid services to persons with an intellectual or developmental disability.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1808 Detail]

Download: Texas-2021-SB1808-Introduced.html

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By: Kolkhorst S.B. No. 1808

A BILL TO BE ENTITLED
AN ACT
relating to home and community support services licensing
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 142.003(a), Health and Safety Code, is
amended to read as follows:
(a) The following persons need not be licensed under this
chapter:
(1) a physician, dentist, registered nurse,
occupational therapist, or physical therapist licensed under the
laws of this state who provides home health services to a client
only as a part of and incidental to that person's private office
practice;
(2) a registered nurse, licensed vocational nurse,
physical therapist, occupational therapist, speech therapist,
medical social worker, or any other health care professional as
determined by the department who provides home health services as a
sole practitioner;
(3) a registry that operates solely as a clearinghouse
to put consumers in contact with persons who provide home health,
hospice, habilitation, or personal assistance services and that
does not maintain official client records, direct client services,
or compensate the person who is providing the service;
(4) an individual whose permanent residence is in the
client's residence;
(5) an employee of a person licensed under this
chapter who provides home health, hospice, habilitation, or
personal assistance services only as an employee of the license
holder and who receives no benefit for providing the services,
other than wages from the license holder;
(6) a home, nursing home, convalescent home, assisted
living facility, special care facility, or other institution for
individuals who are elderly or who have disabilities that provides
home health or personal assistance services only to residents of
the home or institution;
(7) a person who provides one health service through a
contract with a person licensed under this chapter;
(8) a durable medical equipment supply company;
(9) a pharmacy or wholesale medical supply company
that does not furnish services, other than supplies, to a person at
the person's house;
(10) a hospital or other licensed health care facility
that provides home health or personal assistance services only to
inpatient residents of the hospital or facility;
(11) a person providing home health or personal
assistance services to an injured employee under Title 5, Labor
Code;
(12) a visiting nurse service that:
(A) is conducted by and for the adherents of a
well-recognized church or religious denomination; and
(B) provides nursing services by a person exempt
from licensing by Section 301.004, Occupations Code, because the
person furnishes nursing care in which treatment is only by prayer
or spiritual means;
(13) an individual hired and paid directly by the
client or the client's family or legal guardian to provide home
health or personal assistance services;
(14) a business, school, camp, or other organization
that provides home health or personal assistance services,
incidental to the organization's primary purpose, to individuals
employed by or participating in programs offered by the business,
school, or camp that enable the individual to participate fully in
the business's, school's, or camp's programs;
(15) a person or organization providing
sitter-companion services or chore or household services that do
not involve personal care, health, or health-related services;
(16) a licensed health care facility that provides
hospice services under a contract with a hospice;
(17) a person delivering residential acquired immune
deficiency syndrome hospice care who is licensed and designated as
a residential AIDS hospice under Chapter 248;
(18) the Texas Department of Criminal Justice;
(19) a person that provides home health, hospice,
habilitation, or personal assistance services only to persons
receiving benefits under:
(A) the home and community-based services (HCS)
waiver program;
(B) the Texas home living (TxHmL) waiver program;
(C) the STAR + PLUS or other Medicaid managed
care program under the program's HCS or TxHmL certification; [or]
(D) Section 534.152, Government Code; or
(E) the Intellectual and developmental
disabilities habilitative specialized services (IHSS) programs; or
(20) an individual who provides home health or
personal assistance services as the employee of a consumer or an
entity or employee of an entity acting as a consumer's fiscal agent
under Section 531.051, Government Code.
SECTION 2. This Act takes effect September 1, 2021.