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AN ACT
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relating to a diabetes self-management training pilot program under |
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the state Medicaid program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0319 to read as follows: |
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Sec. 531.0319. DIABETES SELF-MANAGEMENT TRAINING PILOT |
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PROGRAM. (a) Notwithstanding Section 32.057, Human Resources |
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Code, or Section 533.009 and to the extent allowed by federal law, |
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the commission shall establish a pilot program to provide diabetes |
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self-management training services to selected Medicaid recipients. |
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(b) The commission may select a person to participate in the |
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pilot program if the person is: |
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(1) a recipient of Medicaid under the fee-for-service |
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or primary care case management delivery model; |
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(2) diagnosed with diabetes; and |
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(3) enrolled in a disease management program available |
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to Medicaid recipients. |
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(c) In establishing the pilot program the commission shall |
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ensure that: |
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(1) either: |
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(A) a provider of diabetes self-management |
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training under the program is certified to provide the training in |
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accordance with the quality standards for diabetes self-management |
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training services described by the Medicare Benefit Policy Manual, |
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Chapter 15, Section 300, as effective on January 1, 2009; or |
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(B) a certified diabetes educator is hired to |
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provide the training; |
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(2) an assessment of a potential participant in the |
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program is conducted that includes a review of the person's medical |
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history, risk factors, health status, resource utilization, |
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knowledge and skill level, and cultural barriers to effective |
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diabetes self-management; |
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(3) a participant is offered a minimum of: |
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(A) 10 hours of initial self-management training |
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with a diabetes educator; and |
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(B) three hours of initial nutrition education |
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with a registered dietitian or with a diabetes educator if a |
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registered dietitian is not available; |
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(4) after receipt of the initial self-management |
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training and nutrition education, the participant is offered each |
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year a minimum of: |
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(A) two hours of self-management training with a |
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diabetes educator; and |
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(B) two hours of nutrition education with a |
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registered dietitian or with a diabetes educator if a registered |
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dietitian is not available; |
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(5) if diabetes self-management training is provided |
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in group sessions, the participant has direct, face-to-face |
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interaction with the diabetes educator and is offered a sufficient |
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number of individual sessions to meet the participant's cultural |
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and educational needs; and |
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(6) the participant may repeat all or part of the |
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self-management training as medically necessary, regardless of |
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whether the participant is diagnosed with a new health condition or |
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experiences a change in health status. |
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(d) The commission shall ensure that the pilot program |
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measures the progress of program participants while enrolled in the |
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program using specific health outcomes for diabetes disease |
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management. |
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(e) Information collected by the commission during the |
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pilot program is confidential and may be disclosed only as |
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authorized by this section in a manner that prevents disclosure of |
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individually identifiable information. |
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(f) Not later than December 1, 2012, the commission shall |
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submit a report to the governor, lieutenant governor, speaker of |
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the house of representatives, standing committees of the |
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legislature with appropriate subject matter jurisdiction, and |
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Texas Diabetes Council regarding: |
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(1) the data and outcomes that result from the |
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diabetes self-management training pilot program; and |
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(2) any other relevant information as determined by |
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the commission. |
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(g) This section expires September 1, 2013. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1990 was passed by the House on April |
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23, 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1990 was passed by the Senate on May |
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13, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |