Text of section effective on April 01, 2025

Sec. 532.0455.  DURABLE MEDICAL EQUIPMENT REUSE PROGRAM.  (a)  In this section:
(1)  "Complex rehabilitation technology equipment":
(A)  means equipment that is:
(i)  classified as durable medical equipment under the Medicare program on January 1, 2013;
(ii)  configured specifically for an individual to meet the individual's unique medical, physical, and functional needs and capabilities for basic and instrumental daily living activities; and
(iii)  medically necessary to prevent the individual's hospitalization or institutionalization; and
(B)  includes a complex rehabilitation power wheelchair, highly configurable manual wheelchair, adaptive seating and positioning system, standing frame, and gait trainer.
(2)  "Durable medical equipment" means equipment, including repair and replacement parts for the equipment, but excluding complex rehabilitation technology equipment, that:
(A)  can withstand repeated use;
(B)  is primarily and customarily used to serve a medical purpose;
(C)  generally is not useful to an individual in the absence of illness or injury; and
(D)  is appropriate and safe for use in the home.
(b)  If the commission determines that it is cost-effective, the executive commissioner by rule shall establish a program to facilitate the reuse of durable medical equipment provided to recipients.
(c)  The program must include provisions for ensuring that:
(1)  reused equipment meets applicable standards of functionality and sanitation; and
(2)  a recipient's participation in the reuse program is voluntary.
(d)  The program does not:
(1)  waive any immunity from liability of the commission or a commission employee; or
(2)  create a cause of action against the commission or a commission employee arising from the provision of reused durable medical equipment under the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.