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Highlights of the 79th Texas Legislature - Senate

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HEALTH AND HUMAN SERVICES/MEDICAID<br />

Medicaid Services for Persons with Chronic Kidney Disease─H.B. 1252<br />

By Representative Guillen et al.—<strong>Senate</strong> Sponsor: Senator Zaffirini<br />

Chronic renal failure affects an estimated 44,200 Texans, and diabetes and hypertension are two <strong>of</strong> <strong>the</strong> most<br />

common causes, accounting for approximately two-thirds <strong>of</strong> <strong>the</strong> cases <strong>of</strong> chronic kidney failure. This bill:<br />

Amends Section 533.009(a), Government Code, to include chronic kidney disease and its medical complications as<br />

one <strong>of</strong> <strong>the</strong> health conditions for which Medicaid managed care organizations may provide disease management.<br />

Provides that if a managed care organization implements such a program, it must use generally recognized clinical<br />

practice guidelines and lab assessments that identify kidney disease on <strong>the</strong> basis <strong>of</strong> impaired kidney function or <strong>the</strong><br />

presence <strong>of</strong> kidney damage.<br />

Adds chronic kidney disease to <strong>the</strong> list <strong>of</strong> conditions for which <strong>the</strong> Health and Human Services Commission (HHSC)<br />

may pursue disease management contracts.<br />

Requires providers <strong>of</strong> disease management to develop a program <strong>of</strong> screening for and diagnosis and treatment <strong>of</strong><br />

chronic kidney disease and its medical complications under <strong>the</strong> medical assistance program.<br />

Authorizes HHSC to modify an existing contract between <strong>the</strong> commission and a provider <strong>of</strong> a disease management<br />

program under <strong>the</strong> medical assistance program or between <strong>the</strong> commission and a managed care organization under<br />

<strong>the</strong> medical assistance program, as applicable, to provide program services to persons with chronic kidney disease<br />

under <strong>the</strong> medical assistance program.<br />

Authorizes HHSC to seek necessary federal authorization or waivers, and to delay implementation until necessary<br />

federal approvals are received.<br />

Medical Assistance for Dually Eligible Individuals─H.B. 1502<br />

By Representative John Davis—<strong>Senate</strong> Sponsor: Senator Nelson<br />

Federal law required that state Medicaid programs pay any applicable deductible or coinsurance amounts for<br />

Medicare services provided to individuals who are dually eligible for both <strong>the</strong> Medicare and Medicaid programs until<br />

1997 when <strong>the</strong> federal statute allowed states to reduce or eliminate those deductible or coinsurance payments to an<br />

amount which, when combined with <strong>the</strong> Medicare payment, would equal <strong>the</strong> rate set by <strong>the</strong> state for a comparable<br />

Medicaid covered service.<br />

H.B. 2292, 78th <strong>Legislature</strong>, Regular Session, 2003, included language that was intended to require <strong>the</strong> state<br />

Medicaid program to eliminate <strong>the</strong> payments <strong>of</strong> coinsurance or deductible amounts that would o<strong>the</strong>rwise be required<br />

to be paid on behalf <strong>of</strong> dually eligible persons, if <strong>the</strong> rate for a comparable Medicaid covered service were lower than<br />

<strong>the</strong> amount paid by Medicare. However, <strong>the</strong> requirement for comparable services restricts <strong>the</strong> applicability <strong>of</strong> this<br />

provision. This bill:<br />

Repeals Section 32.050(f) (relating to Medicare deductibles and coinsurance payments for ambulance services paid<br />

for by <strong>the</strong> medical assistance program), Human Resources Code.<br />

HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 107

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