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

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-Comm_Sub.html

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By: Kolkhorst S.B. No. 1808
(Coleman)

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of providers of certain Medicaid
services to persons with an intellectual or developmental
disability.
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]
(20) a person who provides intellectual and
developmental disabilities habilitative specialized services under
Medicaid and is:
(A) a certified HCS or TxHmL provider; or
(B) a local intellectual and developmental
disability authority contracted under Section 534.105; or
(21) 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. Section 250.001(3), Health and Safety Code, is
amended to read as follows:
(3) "Facility" means:
(A) a nursing facility, custodial care home, or
other institution licensed by the Department of Aging and
Disability Services under Chapter 242;
(B) an assisted living facility licensed by the
Department of Aging and Disability Services under Chapter 247;
(C) a home and community support services agency
licensed under Chapter 142;
(D) a day activity and health services facility
licensed by the Department of Aging and Disability Services under
Chapter 103, Human Resources Code;
(E) an ICF-IID licensed under Chapter 252;
(F) an adult foster care provider that contracts
with the Department of Aging and Disability Services;
(G) a facility that provides mental health
services and that is operated by or contracts with the Department of
State Health Services;
(H) a local mental health authority designated
under Section 533.035 or a local intellectual and developmental
disability authority designated under Section 533.035;
(I) a person exempt from licensing under Section
142.003(a)(19) or (20);
(J) a special care facility licensed by the
Department of State Health Services under Chapter 248;
(K) a mental health service unit of a hospital
licensed under Chapter 241; or
(L) a prescribed pediatric extended care center
licensed by the Department of Aging and Disability Services under
Chapter 248A.
SECTION 3. Section 260.002, Health and Safety Code, is
amended to read as follows:
Sec. 260.002. EXEMPTIONS. This chapter does not apply to:
(1) a person that is required to be licensed under
Chapter 142, 242, 246, 247, or 252;
(2) a person that is exempt from licensing under
Section 142.003(a)(19) or (20), 242.003(3), or 247.004(4);
(3) a hotel as defined by Section 156.001, Tax Code;
(4) a retirement community;
(5) a monastery or convent;
(6) a child-care facility as defined by Section
42.002, Human Resources Code;
(7) a family violence shelter center as defined by
Section 51.002, Human Resources Code; or
(8) a sorority or fraternity house or other dormitory
associated with an institution of higher education.
SECTION 4. Section 48.401(1), Human Resources Code, is
amended to read as follows:
(1) "Agency" means:
(A) an entity licensed under Chapter 142, Health
and Safety Code;
(B) a person exempt from licensing under Section
142.003(a)(19) or (20), Health and Safety Code;
(C) a facility licensed under Chapter 252, Health
and Safety Code; or
(D) a provider investigated by the department
under Subchapter F or under Section 261.404, Family Code.
SECTION 5. This Act takes effect September 1, 2021.