Texas Human Resources Code - Section 32.059. Use Of Respiratory Therapists For Respiratory Therapy Services

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§ 32.059. USE OF RESPIRATORY THERAPISTS FOR RESPIRATORY THERAPY SERVICES. The department by rule shall require that respiratory therapy services for ventilator-dependent persons furnished as part of a plan of care under this chapter be provided by a respiratory therapist authorized to practice respiratory care under Chapter 604, Occupations Code, when: (1) respiratory therapy is determined by the recipient's treating physician to be the most effective method of treatment; and (2) the use of a respiratory therapist is practicable and cost-neutral or cost-effective. Acts 2003, 78th Leg., ch. 1167, § 1, eff. Sept. 1, 2003.

Section: Previous 32.053. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE). (a) The department, as a part of the medical assistance program, shall develop and implement a program of all-inclusive care for the elderly (PACE) in accordance with Section 4802 of the Balanced Budget Act of 1997 (Pub. L. No. 105-33), as amended. The department shall provide medical assistance to a participant in the PACE program in the manner and to the extent authorized by federal law. (b) The department shall adopt rules as necessary to implement this section. In adopting rules, the department shall: (1) use the Bienvivir Senior Health Services of El Paso initiative as a model for the program; and (2) ensure that a person is not required to hold a certificate of authority as a health maintenance organization under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code) to provide services under the PACE program. (c) The department may not contract with a person to provide services under the PACE program unless the person: (1) purchases reinsurance in an amount determined by the department that is sufficient to ensure the person's continued solvency; or (2) has the financial resources sufficient to cover expenses in the event of the person's insolvency. (d) To demonstrate sufficiency of financial resources for purposes of Subsection (c)(2), a person may use cash reserves, a letter of credit, a guarantee of a company affiliated with the person, or a combination of those arrangements. The amount of a person's financial arrangement must be at least equal to the sum of: (1) the total capitation revenue for one month; and (2) the average monthly payment of operating expenses. (e) The department, with the cooperation of the Texas Department on Aging and area agencies on aging, shall develop and implement a coordinated plan to promote PACE program sites operating under this section. The department shall adopt policies and procedures to ensure that caseworkers and any other appropriate department staff discuss the benefits of participating in the PACE program with long-term care clients. Added by Acts 2001, 77th Leg., ch. 170, § 1, eff. Sept 32.054 32.055 32.0551 32.056 32.057 32.058 32.059 32.060 32.060 32.061 32.063 32.064 32.066 32.067 Next

Last modified: August 11, 2007

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Texas Human Resources Code - Section 32.059. Use Of Respiratory Therapists For Respiratory Therapy Services