S.B. No. 1564
 
 
 
 
AN ACT
  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