Legislative Blog

J.B. Williams, J.D.

2 bills that modify the Government Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 2727 - The addition of medical diagnosis that are permitted to be considered for home telemonitoring services under cost-effective and clinically effective conditions.

HB 3097 - Permits issuance of certain anticipation notes without a rating due to permitted emergencies.

2 bills that modify the Government Code

Published: 2024-05-02

HB 2727

Provisions of home telemonitoring services under Medicaid

Remote patient monitoring, or home telemonitoring services, now includes transfer of data to a federally qualified health center and rural health clinic. The executive commissioner must adopt rules for the provision and reimbursement of home telemonitoring services under Medicaid. The commission shall:

1. identify and provide home telemonitoring services for diagnosis that are determined would be cost-effective and clinically effective for such service;
2. consider providing home telemonitoring services to Medicaid recipients who are diagnosed with one or more of the following (this section existed, notation where there are additions):
   • pregnancy;
   • diabetes;
   • heart disease;
   • cancer;
   • chronic obstructive pulmonary disease;
   • congestive heart failure;
   • mental illness or serious emotional disturbance;
   • asthma;
   • myocardial infarction;
   • stroke;
   • (added) end stage renal disease; or
   • (added) a condition that requires renal dialysis treatment
3. person must exhibit at least 1 of the following risks factors (previously 2 or more): (most existed, notation for changes or additions)
   • 2 or more hospitalizations in prior 12 months;
   • frequent or recurrent emergency room admissions;
   • document history of poor adherence to ordered medicatoin requirements;
   • (modified) documented rish of falls;
   • documented history of care access challenges;
4. ensure clinical information gathered is shared with recipient's physician;
   • home and community support services agency;
   • (added) federally qualified health center;
   • (added) rural health clinic;
   • hospital
5. ensure home telemonitoring services do not duplicate disease management program services;
6. require a provider to:
   • establish a plan of care that includes measures;
   • share the plan and outcome measures with the recipient's physician

If a high-risk pregnancy would benefit from home telemonitoring in a cost-effective and clinically effective manner. Then the commission shall, to the extent permitted by law, provide the recipient with such services and equipment in their home. The executive commmissioner by rule shall:

1. establish criteria to identify such recipients;
2. ensure that the cost-effective, feasible, and clinically appropriate services equipment provided includes uterine remote monitoring services and pregnancy-induced hypertension remote monitoring equipment;
3. require that a provider obtain:
   • prior authorization before providing such equipment for each month it is so provided;
   • prohibit payment or reimbursement for any period that the equipment was not in use because the recipient was hospitalized or away from their home

Pre-authorization of the equipment must be based upon an in-person assessment and document the recipient's ongoing medical need. If the commission determines later that the services are not cos-effective and clinically effective, they may discontinue availability of the equipment.

HB 3097

Issuance of anticipation notes or other obligations by issuer located along the Gulf Coast in an emergency

An anticipation note or other obligation issued under an emergency is an obligation but is not required to be rated. The issuer must be located within 70 miles of the Gulf of Mexico or a bay or inlet of the gulf.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.