Bill Text: TX SB1564 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to access to certain medication-assisted treatment.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [SB1564 Detail]
Download: Texas-2019-SB1564-Enrolled.html
| S.B. No. 1564 | ||
|
|
||
| relating to access to certain medication-assisted treatment. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 481.0765(a) and (b), Health and Safety | ||
| Code, are amended to read as follows: | ||
| (a) A prescriber is not subject to the requirements of | ||
| Section 481.0764(a) if: | ||
| (1) the patient has been diagnosed with cancer or | ||
| sickle cell disease or the patient is receiving hospice care; and | ||
| (2) the prescriber clearly notes in the prescription | ||
| record that the patient was diagnosed with cancer or sickle cell | ||
| disease or is receiving hospice care, as applicable. | ||
| (b) A dispenser is not subject to the requirements of | ||
| Section 481.0764(a) if it is clearly noted in the prescription | ||
| record that the patient has been diagnosed with cancer or sickle | ||
| cell disease or is receiving hospice care. | ||
| SECTION 2. Subchapter B, Chapter 32, Human Resources Code, | ||
| is amended by adding Section 32.03115 to read as follows: | ||
| Sec. 32.03115. REIMBURSEMENT FOR MEDICATION-ASSISTED | ||
| TREATMENT FOR OPIOID OR SUBSTANCE USE DISORDER. (a) In this | ||
| section, "medication-assisted opioid or substance use disorder | ||
| treatment" means the use of methadone, buprenorphine, oral | ||
| buprenorphine/naloxone, or naltrexone to treat opioid or substance | ||
| use disorder. | ||
| (b) Notwithstanding Sections 531.072 and 531.073, | ||
| Government Code, or any other law and subject to Subsections (c) and | ||
| (d), the commission shall provide medical assistance reimbursement | ||
| for medication-assisted opioid or substance use disorder treatment | ||
| without requiring a recipient of medical assistance or health care | ||
| provider to obtain prior authorization or precertification for the | ||
| treatment. | ||
| (c) The duty to provide medical assistance reimbursement | ||
| for medication-assisted opioid or substance use disorder treatment | ||
| under Subsection (b) does not apply with respect to: | ||
| (1) a prescription for methadone; | ||
| (2) a recipient for whom medication-assisted opioid or | ||
| substance use disorder treatment is determined to be medically | ||
| contraindicated by the recipient's physician; or | ||
| (3) a recipient who is subject to an age-related | ||
| restriction applicable to medication-assisted opioid or substance | ||
| use disorder treatment. | ||
| (d) The commission may provide medical assistance | ||
| reimbursement for medication-assisted opioid or substance use | ||
| disorder treatment only if the treatment is prescribed to a | ||
| recipient of medical assistance by a licensed health care provider | ||
| who is authorized to prescribe methadone, buprenorphine, oral | ||
| buprenorphine/naloxone, or naltrexone. | ||
| (e) This section expires August 31, 2023. | ||
| SECTION 3. (a) In this section, "qualifying practitioner" | ||
| has the meaning assigned by 21 U.S.C. Section 823(g)(2)(G)(iii). | ||
| (b) Not later than November 1, 2019, the Health and Human | ||
| Services Commission shall amend the commission's Medicaid | ||
| Substance Use Disorder Services Medical Policy and any other | ||
| provider or claims payment policy or manual necessary to authorize | ||
| Medicaid medical benefits reimbursement for the prescribing of | ||
| buprenorphine for the treatment of an opioid use disorder by an | ||
| advanced practice registered nurse recognized by the Texas Board of | ||
| Nursing as a clinical nurse specialist, nurse anesthetist, or nurse | ||
| midwife, provided that the advanced practice registered nurse: | ||
| (1) is a qualifying practitioner; and | ||
| (2) has obtained a waiver from registration | ||
| requirements as provided by 21 U.S.C. Section 823(g). | ||
| SECTION 4. Section 481.0765, Health and Safety Code, as | ||
| amended by this Act, applies only to a prescription issued on or | ||
| after the effective date of this Act. A prescription issued before | ||
| the effective date of this Act is governed by the law in effect on | ||
| the date the prescription is issued, and the former law is continued | ||
| in effect for that purpose. | ||
| SECTION 5. If before implementing any provision of this Act | ||
| a state agency determines that a waiver or authorization from a | ||
| federal agency is necessary for implementation of that provision, | ||
| the agency affected by the provision shall request the waiver or | ||
| authorization and may delay implementing that provision until the | ||
| waiver or authorization is granted. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1564 passed the Senate on | ||
| April 3, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendments on May 25, 2019, by the | ||
| following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1564 passed the House, with | ||
| amendments, on May 22, 2019, by the following vote: Yeas 144, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
