Friday, June 30, 2017

BCMS Building Space for Lease






TAC Chapter 134

CHAPTER 134:  BENEFITS – GUIDELINES FOR MEDICAL SERVICES, CHARGES, AND PAYMENTS

Title 28 Texas Administrative Code (TAC) § 134.500, § 134.530 and § 134.540

 

§134.500. Definitions.

(a)    The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

(1) Brand name drug--A drug marketed under a proprietary, trademark-protected name.

(2) Certified workers' compensation health care network (certified network)--An organization that is certified in accordance with Insurance Code Chapter 1305 and department rules.

(3) Closed formulary--All available Food and Drug Administration (FDA) approved prescription and nonprescription drugs prescribed and dispensed for outpatient use, but excludes:

(A) drugs identified with a status of "N" in the current edition of the Official Disability Guidelines Treatment in Workers' Comp (ODG) / Appendix A, ODG Workers' Compensation Drug Formulary, and any updates;

(B) any prescription drug created through compounding [any compound that contains a drug identified with a status of "N" in the current edition of the ODG Treatment in Workers' Comp (ODG) / Appendix A, ODG Workers' Compensation Drug Formulary, and any updates]; and

(C) any investigational or experimental drug for which there is early, developing scientific or clinical evidence demonstrating the potential efficacy of the treatment, but which is not yet broadly accepted as the prevailing standard of care as defined in Labor Code §413.014(a).

(4) Compounding--As defined under Occupations Code §551.003(9), the preparation, mixing, assembling, packaging, or labeling of a drug or device:

(A) as the result of a practitioner's prescription drug order based on the practitioner-patient-pharmacist relationship in the course of professional practice;

(B) for administration to a patient by a practitioner as the result of a practitioner's initiative based on the practitioner-patient-pharmacist relationship in the course of professional practice;

(C) in anticipation of a prescription drug order based on a routine, regularly observed prescribing pattern; or

(D) for or as an incident to research, teaching, or chemical analysis and not for selling or dispensing, except as allowed under Occupations Code §562.154 or Occupations Code Chapter 563.

(5) Generic--See generically equivalent in definition of paragraph (6) of this section.

(6) Generically equivalent--As defined under Occupations Code §562.001, a drug that, when compared to the prescribed drug, is:

(A) pharmaceutically equivalent--Drug products that have identical amounts of the same active chemical ingredients in the same dosage form and that meet the identical compendia or other applicable standards of strength, quality, and purity according to the United States Pharmacopoeia or another nationally recognized compendium; and

(B) therapeutically equivalent--Pharmaceutically equivalent drug products that, if administered in the same amounts, will provide the same therapeutic effect, identical in duration and intensity.

(7) Medical emergency--The sudden onset of a medical condition manifested by acute symptoms of sufficient severity, including severe pain that in the absence of immediate medical attention could reasonably be expected to result in:

(A) placing the patient's health or bodily functions in serious jeopardy; or

(B) serious dysfunction of any body organ or part.

(8) Nonprescription drug or over-the-counter medication--A non-narcotic drug that may be sold without a prescription and that is labeled and packaged in compliance with state or federal law.

(9) Open formulary--Includes all available Food and Drug Administration (FDA) approved prescription and nonprescription drugs prescribed and dispensed for outpatient use, but does not include drugs that lack FDA approval, or non-drug items.

(10) Prescribing doctor--A physician or dentist who prescribes prescription drugs or over the counter medications in accordance with the physician's or dentist's license and state and federal laws and rules. For purposes of this chapter, prescribing doctor includes an advanced practice nurse or physician assistant to whom a physician has delegated the authority to carry out or sign prescription drug orders, under Occupations Code Chapter 157, who prescribes prescription drugs or over the counter medication under the physician's supervision and in accordance with the health care practitioner's license and state and federal laws and rules.

(11) Prescription--An order for a prescription or nonprescription drug to be dispensed.

(12) Prescription drug--

(A) A substance for which federal or state law requires a prescription before the substance may be legally dispensed to the public;

(B) A drug that under federal law is required, before being dispensed or delivered, to be labeled with the statement: "Caution: federal law prohibits dispensing without prescription;" "Rx only;" or another legend that complies with federal law; or

(C) A drug that is required by federal or state statute or regulation to be dispensed on prescription or that is restricted to use by a prescribing doctor only.

(13) Statement of medical necessity--A written statement from the prescribing doctor to establish the need for treatments or services, or prescriptions, including the need for a brand name drug where applicable. A statement of medical necessity shall include:

(A) the injured employee's full name;

(B) date of injury;

(C) social security number;

(D) diagnosis code(s);

(E) whether the drug has previously been prescribed and dispensed, if known, and whether the inability to obtain the drug poses an unreasonable risk of a medical emergency; and

(F) how the prescription treats the diagnosis, promotes recovery, or enhances the ability of the injured employee to return to or retain employment.

(14) Substitution--As defined under Occupations Code §551.003(41), the dispensing of a drug or a brand of drug other than the drug or brand of drug ordered or prescribed.

(b)     This section will become effective for all drugs that are prescribed and dispensed for outpatient use on or after MM/DD/YY (intended to be a date certain approximately sixty days after the rule amendment is finally adopted).

§134.530. Requirements for Use of the Closed Formulary for Claims Not Subject to Certified Networks.

(a) Applicability. The closed formulary applies to all drugs that are prescribed and dispensed for outpatient use for claims not subject to a certified network on or after September 1, 2011 when the date of injury occurred on or after September 1, 2011.

(b) Preauthorization for claims subject to the Division's closed formulary.

(1) Preauthorization is only required for:

(A) drugs identified with a status of "N" in the current edition of the ODG Treatment in Workers' Comp (ODG) / Appendix A, ODG Workers' Compensation Drug Formulary, and any updates;

(B) any prescription drug created through compounding [any compound that contains a drug identified with a status of "N" in the current edition of the ODG Treatment in Workers' Comp (ODG) / Appendix A, ODG Workers' Compensation Drug Formulary, and any updates]; and

(C) any investigational or experimental drug for which there is early, developing scientific or clinical evidence demonstrating the potential efficacy of the treatment, but which is not yet broadly accepted as the prevailing standard of care as defined in Labor Code §413.014(a).

(2) When §134.600(p)(12) of this title (relating to Preauthorization, Concurrent Review, and Voluntary Certification of Health Care) conflicts with this section, this section prevails.

(c) Preauthorization of intrathecal drug delivery systems.

(1) An intrathecal drug delivery system requires preauthorization in accordance with §134.600 of this title and the preauthorization request must include the prescribing doctor's drug regime plan of care, and the anticipated dosage or range of dosages for the administration of pain medication.

(2) Refills of an intrathecal drug delivery system with drugs excluded from the closed formulary, which are billed using Healthcare Common Procedure Coding System (HCPCS) Level II J codes, and submitted on a CMS-1500 or UB-04 billing form, require preauthorization on an annual basis. Preauthorization for these refills is also required whenever:

(A) the medications, dosage or range of dosages, or the drug regime proposed by the prescribing doctor differs from the medications, dosage or range of dosages, or drug regime previously preauthorized by that prescribing doctor; or

(B) there is a change in prescribing doctor.

(d) Treatment guidelines. Except as provided by this subsection, the prescribing of drugs shall be in accordance with §137.100 of this title (relating to Treatment Guidelines), the division's adopted treatment guidelines.

(1) Prescription and nonprescription drugs included in the division's closed formulary and recommended by the division's adopted treatment guidelines may be prescribed and dispensed without preauthorization.

(2) Prescription and nonprescription drugs included in the division's closed formulary that exceed or are not addressed by the division's adopted treatment guidelines may be prescribed and dispensed without preauthorization.

(3) Drugs included in the closed formulary that are prescribed and dispensed without preauthorization are subject to retrospective review of medical necessity and reasonableness of health care by the insurance carrier in accordance with subsection (g) of this section.

(e) Appeals process for drugs excluded from the closed formulary.

(1) For situations in which the prescribing doctor determines and documents that a drug excluded from the closed formulary is necessary to treat an injured employee's compensable injury and has prescribed the drug, the prescribing doctor, other requestor, or injured employee must request approval of the drug by requesting preauthorization, including reconsideration, in accordance with §134.600 of this title and applicable provisions of Chapter 19 of this title (relating to Agents' Licensing).

(2) If preauthorization is being requested by an injured employee or a requestor other than the prescribing doctor, and the injured employee or other requestor requests a statement of medical necessity, the prescribing doctor shall provide a statement of medical necessity to facilitate the preauthorization submission as set forth in §134.502 of this title (relating to Pharmaceutical Services).

(3) If preauthorization for a drug excluded from the closed formulary is denied, the requestor may submit a request for medical dispute resolution in accordance with §133.308 of this title (relating to MDR by Independent Review Organizations).

(4) In the event of an unreasonable risk of a medical emergency, an interlocutory order may be obtained in accordance with §133.306 of this title (relating to Interlocutory Orders for Medical Benefits) or §134.550 of this title (relating to Medical Interlocutory Order).

(f) Initial pharmaceutical coverage.

(1) Drugs included in the closed formulary which are prescribed for initial pharmaceutical coverage, in accordance with Labor Code §413.0141, may be dispensed without preauthorization and are not subject to retrospective review of medical necessity.

(2) Drugs excluded from the closed formulary which are prescribed for initial pharmaceutical coverage, in accordance with Labor Code §413.0141, may be dispensed without preauthorization, except as referenced in subsection (b)(1)(C) of this section, and are subject to retrospective review of medical necessity.

(g) Retrospective review. Except as provided in subsection (f)(1) of this section, drugs that do not require preauthorization are subject to retrospective review for medical necessity in accordance with §133.230 of this title (relating to Insurance Carrier Audit of a Medical Bill) and §133.240 of this title (relating to Medical Payments and Denials), and applicable provisions of Chapter 19 of this title.

(1) Health care, including a prescription for a drug, provided in accordance with §137.100 of this title is presumed reasonable as specified in Labor Code §413.017, and is also presumed to be health care reasonably required as defined by Labor Code §401.011(22-a).

(2) In order for an insurance carrier to deny payment subject to a retrospective review for pharmaceutical services that are recommended by the division's adopted treatment guidelines, §137.100 of this title, the denial must be supported by documentation of evidence-based medicine that outweighs the presumption of reasonableness established under Labor Code §413.017.

(3) A prescribing doctor who prescribes pharmaceutical services that exceed, are not recommended, or are not addressed by §137.100 of this title, is required to provide documentation upon request in accordance with §134.500(13) of this title (relating to Definitions) and §134.502(e) and (f) of this title.

(h)  This section will become effective for all drugs that are prescribed and dispensed for outpatient use on or after MM/DD/YY (intended to be a date certain approximately sixty days after the rule amendment is finally adopted).



§134.540. Requirements for Use of the Closed Formulary for Claims Subject to Certified Networks.

(a) Applicability. The closed formulary applies to all drugs that are prescribed and dispensed for outpatient use for claims subject to a certified network on or after September 1, 2011 when the date of injury occurred on or after September 1, 2011.

(b) Preauthorization for claims subject to the Division's closed formulary. Preauthorization is only required for:

(1) drugs identified with a status of "N" in the current edition of the ODG Treatment in Workers' Comp (ODG) / Appendix A, ODG Workers' Compensation Drug Formulary, and any updates;

(2) any prescription drug created through compounding [any compound that contains a drug identified with a status of "N" in the current edition of the ODG Treatment in Workers' Comp (ODG) / Appendix A, ODG Workers' Compensation Drug Formulary, and any updates]; and

(3) any investigational or experimental drug for which there is early, developing scientific or clinical evidence demonstrating the potential efficacy of the treatment, but which is not yet broadly accepted as the prevailing standard of care as defined in Labor Code §413.014(a).

(c) Preauthorization of intrathecal drug delivery systems.

(1) An intrathecal drug delivery system requires preauthorization in accordance with the certified network's treatment guidelines and preauthorization requirements pursuant to Insurance Code Chapter 1305 and Chapter 10 of this title (relating to Workers' Compensation Health Care Networks).

(2) Refills of an intrathecal drug delivery system with drugs excluded from the closed formulary, which are billed using Healthcare Common Procedure Coding System (HCPCS) Level II J codes, and submitted on a CMS-1500 or UB-04 billing form, require preauthorization on an annual basis. Preauthorization for these refills is also required whenever:

(A) the medications, dosage or range of dosages, or the drug regime proposed by the prescribing doctor differs from the medications dosage or range of dosages, or drug regime previously preauthorized by that prescribing doctor; or

(B) there is a change prescribing doctor.

(d) Treatment guidelines. The prescribing of drugs shall be in accordance with the certified network's treatment guidelines and preauthorization requirements pursuant to Insurance Code Chapter 1305 and Chapter 10 of this title. Drugs included in the closed formulary that are prescribed and dispensed without preauthorization are subject to retrospective review of medical necessity and reasonableness of health care by the insurance carrier in accordance with subsection (f) of this section.

(e) Appeals process for drugs excluded from the closed formulary.

(1) For situations in which the prescribing doctor determines and documents that a drug excluded from the closed formulary is necessary to treat an injured employee's compensable injury and has prescribed the drug, the prescribing doctor, other requestor, or injured employee must request approval of the drug in a specific instance by requesting preauthorization in accordance with the certified network's preauthorization process established pursuant to Chapter 10, Subchapter F of this title (relating to Utilization Review and Retrospective Review) and applicable provisions of Chapter 19 of this title (relating to Agents' Licensing).

(2) If preauthorization is pursued by an injured employee or requestor other than the prescribing doctor, and the injured employee or other requestor requests a statement of medical necessity, the prescribing doctor shall provide a statement of medical necessity to facilitate the preauthorization submission as set forth in §134.502 of this title (relating to Pharmaceutical Services).

(3) If preauthorization for a drug excluded from the closed formulary is denied, the requestor may submit a request for medical dispute resolution in accordance with §133.308 of this title (relating to MDR by Independent Review Organizations).

(4) In the event of an unreasonable risk of a medical emergency, an interlocutory order may be obtained in accordance with §133.306 of this title (relating to Interlocutory Orders for Medical Benefits) or §134.550 of this title (relating to Medical Interlocutory Order).

(f) Initial pharmaceutical coverage.

(1) Drugs included in the closed formulary which are prescribed for initial pharmaceutical coverage, in accordance with Labor Code §413.0141, may be dispensed without preauthorization and are not subject to retrospective review of medical necessity.

(2) Drugs excluded from the closed formulary which are prescribed for initial pharmaceutical coverage, in accordance with Labor Code §413.0141, may be dispensed without preauthorization and are subject to retrospective review of medical necessity.

(g) Retrospective review. Except as provided in subsection (f)(1) of this section, drugs that do not require preauthorization are subject to retrospective review for medical necessity in accordance with §133.230 of this title (relating to Insurance Carrier Audit of a Medical Bill), §133.240 of this title (relating to Medical Payments and Denials), the Insurance Code, Chapter 1305, applicable provisions of Chapters 10 and 19 of this title.

(1) In order for an insurance carrier to deny payment subject to a retrospective review for pharmaceutical services that fall within the treatment parameters of the certified network's treatment guidelines, the denial must be supported by documentation of evidence-based medicine that outweighs the evidence-basis of the certified network's treatment guidelines.

(2) A prescribing doctor who prescribes pharmaceutical services that exceed, are not recommended, or are not addressed by the certified network's treatment guidelines, is required to provide documentation upon request in accordance with §134.500(13) of this title (relating to Definitions) and §134.502(e) and(f) of this title.


(h)  This section will become effective for all drugs that are prescribed and dispensed for outpatient use on or after MM/DD/YY (intended to be a date certain approximately sixty days after the rule amendment is finally adopted).

Thursday, June 15, 2017

The Health Cell - June 20



      
Learn to Meet High Priority Military Healthcare Needs
 
                              
featuring Jose Salinas, PhD 
                  

The Speaker:  
At the US Army Institute of Surgical Research, Dr. Jose Salinas holds leading roles in both research and product development efforts.  In one major project, he and a team approach issues in trauma care with expertise in IT, engineering, and machine learning.  Their goal is to transform time-consuming and subjective manual efforts into data-driven and automated diagnoses and treatments.  With a Ph.D. in Computer Science from Texas A&M University and 20 years of experience in research and project development, Jose is highly regarded for his collaborations with universities and medical device companies to translate research into products for use in the field.  

The Story:  
Dr. Salinas will share insight into the mission and operations of a unique asset in San Antonio's healthcare and bioscience community: the Army's lead research laboratory dedicated to the care of combat casualties.  You'll learn about the team of military and civilian scientists at Fort Sam Houston who are on the leading edge of innovations in trauma and combat casualty care.  Of particular interest to those with an entrepreneur's mindset will be Jose's discussion about strategies for collaboration with the Institute!
                          

When
Tuesday, June 20, 2017
11:45AM - 1:00PM
        
Where
Hilton San Antonio Airport Hotel
611 NW Loop 410
San Antonio TX 78216                   


                        
UPCOMING Health Cell EVENTS:

July 20 - Speaker will be Becky Cap, COO at GenCure and the luncheon will be held at the BioBridge Donor Pavillion from 11:45AM - 1:00PM
           
August 1 - Speaker will be Kay Scroggins, President & CEO of the Clinical Trials of Texas, Inc. and the luncheon will be held at the Hilton San Antonio Airport Hotel from 11:45AM - 1:00PM
            
August 24 - This is a special evening event from 5:30PM - 8:00PM and there will be more details to follow
            

                        
Other Upcoming Events:

The annual San Antonio Military Health System & Universities Research Forum (SURF) is being held on Friday, June 16 starting at 8:00AM at the UTSA Main Campus.  All area health professionals are invited.  Registration is FREE and there are FREE CME and CNE units available. For more information, click here.


Our Mission:

Our mission is to leverage San Antonio's collaborative spirit to empower the people who lead the industry.  We do it by bringing people together.  Work in health, biotech, R&D, medicine, military medicine, academia, or services that support them?  We're here for you.

Your presence is your pledge.

The Health Cell only works when you're here.  So, membership is not based on paying dues, but on being present.  Come to four events in a year, and you're in!  Ask for details at the registration table. 

Leading employers make it all happen!  

These employers support the careers of leaders in healthcare through their year-round sponsorship of The Health Cell.  


Connect with the Health Cell:

Phone: 210-904-5404 

Like us on Facebook   View our profile on LinkedIn
 

Monday, June 5, 2017

Charles R. "Chuck" Bauer, MD

It is with a sad heart that we inform you that Charles R. “Chuck” Bauer, MD passed away Sunday, June 4, 2017. Dr. Bauer was loved and admired for all his service to the United States, Texas and to San Antonio.
Dr. Bauer graduated from Marquette University School of Medicine in 1958 and completed a rotating internship at St. Mary's Hospital. He entered the US Air Force and spent 3 years as a flight surgeon at Tinker AFB, Oklahoma. From 1962-1967 he completed four years of general surgery residency and an additional year in Plastic and Reconstructive Surgery and Thoracic and Cardiovascular Surgery at the University of Florida, Gainesville, Florida. From 1967-1970 he was stationed at Tachikawa Air Base, Japan caring for Vietnam war casualties. Dr. Bauer was Commander, 659th Air Transportable Hospital, USAF Hospital Luke, and USAF Kessler Medical Center (Brig. General position). He retired in 1982 as a Colonel with Chief Physician and Chief Flight Surgeon ratings and was awarded the Legion of Merit with 2 oak leaf clusters.
After being out of uniform for 22 years Colonel Bauer was one of the first physicians recruited into the Texas Medical Brigade (then known as the Texas Medical Rangers) during the initial organization of the Brigade. During his tenure in the Medical Brigade, Colonel Dr. Bauer held almost every important position appropriate for a physician. He responded as the Chief Medical Officer to Hurricanes Katrina, Rita, Dean, Dolly, Ike, and Gustav.

Upon retirement from the Air Force, Dr. Bauer joined the faculty at the University of Texas Health Science Center San Antonio as a general and trauma surgeon and as the Assistant Dean for Ambulatory and Emergency Services. He was instrumental in the founding of the Division of Trauma and Emergency Surgery, the Division of Emergency Medicine. He is a founding member of the Department of Emergency Medicine. Doctor Bauer served until his death as an Adjunct Professor of Emergency Medicine.

He was board certified in general surgery, emergency medicine and medical management. The American College of Physician Executives recognized him as a Certified Physician Executive (CPE). He continued clinical practice in emergency medicine and trauma surgery resuscitation at University Hospital.

Dr. Bauer was interested in Disaster Response and Preparedness after arriving in San Antonio. He was the founding Chair of the Southwest Texas Regional Advisory Council (STRAC) and which he continued as the Chair Emeritus. He chaired the Bexar County Medical Society Emergency and Disaster Preparedness Committee from 1985–2006. He was nationally recognized for his contributions to medical preparedness and training for disasters by FEMA and by the Medial Reserve Corps Program of the US Department of Health and Humans Services.

Dr. Bauer developed the South Texas Poison Center located at the UT Health Science Center and was instrumental in the establishment of the Texas Poison Center Network. He retired as a Colonel from the Texas State Guard, and served as the Commander of the Alamo Group, Texas Medical Rangers. Dr. Bauer was recognized by the San Antonio Business Journal with a Life Time Achievement Award for his community and medical services to San Antonio and Texas and has also received the 2009 Governor’s Lonestar Achievement Award.

He completed numerous courses and taught on the subjects of HazMat, Biological, Chemical, Nuclear and Radiation, Disaster Response, and Hospital Emergency Incident Command. He had been the course director for close to 100 Advanced Trauma Life Support Courses and also taught Advanced Cardiac Life Support, Pediatric Life Support, Advanced HazMat Life Support and Advanced Pediatric Life Support.

Dr. Charles R. Bauer dedicated his life to medicine, to serving the citizens of the United States of America and the State of Texas. There is no one that had done more for our community with such grace and humility. He has a heart of gold and was earlier this year awarded the Bexar County Medical Society’s highest honor, the Golden Aesculapius Award.
He will be truly missed!

Melody Newsom
Chief Operating Officer
Bexar County Medical Society
4334 North Loop 1604 West Ste 200

San Antonio, TX  78249

Rosary for Dr. Charles Bauer will be held at 7pm, June 15th, 2017 at Porter Loring Funeral Home, located at 1101 McCullough, San Antonio, TX 78212.

Services will be at 11:30am, June 16th, 2017 at Porter Loring Main Chapel, with burial to follow at Ft Sam at 1:15pm